a. 
The number of construction permits issued for in-ground pools and appurtenances has increased significantly over the past several years. Since most, if not all, such pool installations require dewatering activity at the construction site and water from such dewatering activity is ultimately discharged into the Borough's storm water collection system, the dewatering activity has a direct impact on the nearby property owners and residents as well as all other property owners and residents located between the construction site and the nearest storm water inlet where such water is discharged. This frequently results in unsightly and annoying conditions. Dirt and debris is frequently deposited or left in the Borough streets or right-of-way necessitating the Borough's Department of Public Works and Utilities to assign manpower and equipment for clean-up. These conditions can and often do constitute an annoyance and a nuisance. The problem is further compounded by the fact that many pool contractors carry out the dewatering activity for prolonged periods of time and, frequently, far beyond what is reasonably necessary. As a result the number of complaints to the Borough have increased and continue to increase.
b. 
Borough Council has, therefore, determined that certain restrictions are necessary in order to minimize the annoyance and inconvenience to other residents and owners; and in order to promote the public health, safety and welfare of the Borough and its residents.
c. 
The provisions of this section are intended to regulate certain construction activities at the site of pool installations; to impose time restrictions during which certain activities can be conducted; to minimize, to the extent possible, any negative impact on adjoining or nearby residents who are effected or impacted by the pool installation activity; to abate or reduce any nuisance created by the installation activity; and to protect the public health, safety and welfare.
d. 
Nothing contained in this section is intended to negate any other provision of law relative to the construction and installation of swimming pools including, but not limited to, the Uniform Construction Code, and other Federal or State law or regulation, the Zoning Ordinance and the Site Plan Ordinance and other ordinances of the Borough.
e. 
The provisions of this Ordinance, as codified in Chapter 20 of the Code of the Borough of Avalon, 2013, shall take effect on and after January 1, 2016.
The following terms when used in this section shall have the following meaning unless the context should indicate otherwise.
BOROUGH
shall mean the Borough of Avalon located in the County of Cape May, State of New Jersey.
CODE OR BOROUGH CODE
shall mean the Code of the Borough of Avalon as the same may be amended and supplemented. [The current Code as of August, 2015 is the "Code of the Borough of Avalon, 2013.]
CODE ENFORCEMENT OFFICIAL
shall mean the individual(s) appointed as Code Enforcement Officer(s) of the Borough of Avalon.
CONSTRUCTION OFFICIAL
shall mean the Construction Official of the Borough of Avalon, inclusive of all Sub-Code Officials.
CONTRACTOR
shall mean the contractor or sub-contractor actually performing the construction and installation of the swimming pool or spa.
DEPARTMENT
shall mean the Department of Public Works and Utilities of the Borough of Avalon.
DIRECTOR
shall mean the Director of the Department of Public Works and Utilities.
DPWU
shall mean the Department of Public Works and Utilities of the Borough of Avalon.
POOL
shall mean a water-filled enclosure, permanently constructed or portable, maintained for swimming or bathing.
POOL, SPA
shall mean a permanently fixed, warm water reservoir with separate, detached pump, filter, controls and heating components. Spas may be attached or separate from onground and in-ground pools.
SWIMMING POOL
See definition of "pool" and "pool, spa". The term swimming pool when used in this section shall mean in-ground, above ground and onground pools, spas, decking and all appurtenances thereof.
[Amended 3-8-2023 by Ord. No. 857-2023]
The installation of a swimming pool or spa shall require the following (effective April 1, 2023):
a. 
The contractor shall obtain a Construction Permit issued by the Construction Official in accordance with the New Jersey Uniform Construction Code ("UCC");
b. 
As a prior condition and approval for the issuance of a Construction Permit, the contractor shall obtain a Zoning Permit issued by the Zoning Enforcement Official.
c. 
Reserved.
[Repealed 3-8-2023 by Ord. No. 857-2023]
d. 
Additional permits may be required from the Borough dependent upon circumstances as herein provided.
[Amended 3-8-2023 by Ord. No. 857-2023]
a. 
The permit applications shall be submitted on forms provided by the Borough for that purpose.
b. 
Drawings and plans for the construction, installation, enlargement or alteration of any pool and appurtenances shall first be submitted to the Zoning Officer and Construction Official for examination and approval. It shall be unlawful to proceed with the construction, installation, enlargement, or alteration of any pool without first obtaining a zoning permit from the Zoning Officer and a construction permit from the Construction Official.
[Amended 3-8-2023 by Ord. No. 857-2023]
c. 
Such drawings and plans shall be prepared by a New Jersey Licensed engineer or architect and drawn to a scale of not less than one inch equals ten feet (1"=10') and shall comply in all respects with Chapter 27 of the Borough Code, specifically § 27-7.2, Accessory Uses, Subsection c.
d. 
Such drawings and plans shall also indicate the location of the sanitary sewer clean-out as this clean-out is mandatory for any pool or spa discharges as hereinafter described.
e. 
An application for a DPWU Permit shall be on forms supplied by the Department and such permit shall be subject to the provisions of this chapter.
[Amended 3-8-2023 by Ord. No. 857-2023]
a. 
Any dewatering activity shall require prior written notice to the Code Enforcement Division in accordance with the following:
1. 
With the issuance of the Zoning and Construction Permits, the contractor will be provided with a form of notice which is to be completed by the contractor and filed with the Division of Code Enforcement as required by this subsection.
2. 
The form must be filed at least three (3) business days prior to the commencement of any dewatering activity or site preparation for same. On the same form, the contractor shall specify the type and size of the sediment bag or device to be used at the construction site. No bag or device shall be used that does not meet or exceed the minimum specifications described herein.
b. 
The Department of Public Works and Utilities and the Division of Code Enforcement shall have concurrent jurisdiction over all activities that take place in, or which affect the public street or the Borough storm-water system.
c. 
Dewatering activities, once commenced, shall continue for a period of up to sixty (60) continuous calendar days. Such 60-day period may be extended as herein provided Failure to complete the dewatering activity within the 60-day period, or within any approved extension thereof, will result in the contractor being in violation of this Code and subject to the penalty provisions established herein.
d. 
If the dewatering process cannot be completed within such sixty (60) calendar day time period, a contractor may apply to the Code Enforcement Official for an extension which shall not exceed ten (10) calendar days in order to complete the final finish phase of the pool installation. The extension, if required, does not need to be continuous with the original sixty (60) calendar day limitation and may be deferred for good cause with the consent and approval of the Code Enforcement Official or his designee, but in no event shall the period of deferral for the final finish phase completion exceed ten (10) calendar days.
e. 
All discharge water generated by the dewatering of excavated areas for the construction of pools or spas shall be filtered prior to discharge off site. This shall be accomplished through the utilization of:
1. 
A sediment control bag or device with a filtration rating equal or less than 180 micron, .18mm, or otherwise represented as #80 US Sieve and no smaller than four (4) foot by four (4) foot in size to handle the dewatering process and collect all sand, gravel, dirt, and other debris and prevent same from being deposited on the sidewalk or in the street or entering the storm water collection system, shall be placed on the street at the construction site; and
2. 
A stone or fabric filter, or other method as may be approved by the Code Enforcement Division, shall be installed at each potentially affected storm water inlet which is part of the Borough's storm water collection system, when necessary, in the opinion of the Code Enforcement Official, the Director of Public Works and Utilities, or the Borough Engineer or their respective designee(s), to prevent sand, gravel, dirt, or other debris from entering or infiltrating the storm water inlet.
3. 
A contractor may, at contractor's discretion, use a dewatering tank of sufficient capacity and design to handle all water and to filter and collect the sand, gravel, dirt, and other debris and prevent the same from entering the street or sidewalk or the storm water collection system. Such tank shall be placed on the construction site and if it is not possible to do so, then such tank may be placed in the street, with the consent of the Code Enforcement Official, immediately in front of the site of the construction activity. Such tank shall be periodically serviced, as needed, to remove the sand, gravel, dirt, or other debris to prevent such material from entering the street or sidewalk or the storm water collection system. If used, the type and size of the dewatering tank together with the name, model number and specification design and capacity shall be included as part of the Application. The proposed dewatering tank must be acceptable to the Code Enforcement Division. Failure to submit adequate and complete information describing the dewatering tank to allow the Code Enforcement Division to determine if the dewatering tank is adequate for the specific purpose shall be cause for the Division to deny permission for the use of such tank.
f. 
The contractor shall be responsible for each area that is affected or impacted by the dewatering process. Contractor shall also be responsible for the clean-up of all such areas in accordance with provisions hereinafter set forth.
g. 
All protection measures described herein or which may be otherwise approved by the Code Enforcement Division shall be installed prior to the start of construction and shall remain in place until the construction process is complete and either a Certificate of Approval or a Certificate of Occupancy has been issued by the Construction Official except that the sediment bag or dewatering device shall be removed within three (3) calendar days of completion of dewatering activity and shall be reinstalled at the construction site prior to any resumption of dewatering activity during any extension of the dewatering process.
a. 
A temporary construction fence (sometimes referred to as a silt fence) shall be installed around the entire perimeter of the construction site or area of disturbance. This includes the construction of the principal structure or use and any accessory structures or use including the swimming pool. Only one such fence shall be required at each construction site for the duration of construction activity. There shall be a suitable opening to allow for ingress and egress for the contractor and equipment. Said fence shall be two feet in height, measured from grade, and constructed of plywood. It must remain in place from the start of construction until completion of the project and the removal of all equipment from the site. An existing fence or structure may be used provided it meets the requirements of § 20-7.5 of this Code.
b. 
In addition to the temporary construction fence required in Subsection a. above, the contractor shall install and maintain in place a temporary orange security fence with a height of four feet surrounding the area of excavation.
c. 
All proposed pools shall comply with § 27-7.3u, the Storm Water Management section of the Avalon Code.
d. 
Fences: All outdoor pools shall be completely enclosed by a permanent fence as required by the construction code. All fences shall comply with § 27-7.3c of the Borough Code.
e. 
It shall be the responsibility of the contractor to remove all dirt and debris from the sidewalk, street and public right-of-way area on a daily basis and at the conclusion of construction and/or installation of the pool or whenever any Borough Official deems it necessary during construction and/ or installation.
f. 
The failure of the contractor to remove dirt and debris as required by this section will subject the contractor to the penalty provisions, both administrative and otherwise, as provided herein. Additionally, should the Borough be required to perform such clean-up, the contractor shall be responsible for the cost of Borough employees and equipment computed on a time and material cost basis provided, however, that the minimum amount shall not be less than $250. Such sum shall be payable upon demand. Any contractor who owes any outstanding reimbursement costs to the Borough will be denied any DPWU Permit for any future project until such time as all such costs imposed by the Borough have been paid in full.
g. 
All construction and construction type activity shall conform to the requirements of the New Jersey Uniform Construction Code and all other State or Federal law that may be applicable and to the regulations promulgated thereunder and shall further conform to all other Borough Ordinances.
[Amended 4-24-2024 by Ord. No. 878-2024]
a. 
Permits shall not be required for standard backwash procedures, however standard backwash shall be drained into the sanitary sewer system and shall not, under any circumstances, be drained into the storm water collection system.
b. 
Disinfection: Equipment shall be provided for the disinfection of all pool water. The disinfectant shall be introduced into the recirculation system ahead of the filters.
c. 
Any and all discharges of any pool or spa shall require a Discharge Permit issued by the Zoning Officer in accordance with the provisions of Subsection 27-7.2c2(o). The failure of any responsible party to obtain a Discharge Permit shall subject such person to the penalty provisions of this section. For the purpose of this section, "discharge" shall mean and include the removal or emptying of any pool or spa, either completely or partially, of water that has been or is likely to have been treated with chemicals. Regardless of whether or not the water has been treated with chemicals a discharge permit shall be required. This discharge shall be made only to the sanitary sewer system and under no circumstances shall such discharge be made to the Borough's storm water collection system nor may such discharge be made to the ground. Each swimming pool or spa shall clearly disclose on the plans the location of the sanitary sewer clean-out and all pool discharges shall be made through the use of such sanitary sewer clean-out.
d. 
In addition to the requirements set forth in paragraphs a, b, and c, above, all pool discharges shall also be subject to the requirements set forth in Subsections 14-21.1 through 14-21.6 inclusive. In the event of any conflict or inconsistency between the above subsections and the provisions of Subsections 14-21.1 through 14-21.6 inclusive, the latter provisions shall take precedence.
a. 
Any person who (1) discharges, causes a discharge, or otherwise allows or permits an improper discharge into either the Borough's Sanitary Sewer System or the storm water collection system or (2) violates the requirements of this section governing dewatering of construction sites engages in conduct that constitutes an imminent threat to the public health and safety and, in addition, such conduct constitutes a public nuisance.
b. 
The Code Enforcement Official or the Director of DPWU, or his designee, shall be authorized to issue a STOP WORK ORDER which shall operate as follows:
1. 
All work of an improper or illegal nature such as to violate any ordinance, or any law or regulation of any State of Federal agency or which constitutes a nuisance or causes any unsafe, hazardous or other condition which poses a threat to public health or safety shall immediately cease.
2. 
The DPWU Permit shall be suspended upon the issuance of the STOP WORK ORDER and it shall remain suspended pending the submission and approval of a Corrective Action Plan as hereinafter required.
3. 
All activity contributing to or causing the issuance of the STOP WORK ORDER shall immediately cease and all further work shall stop and shall not be resumed until such time as a corrective action plan is submitted to and approved by the Director of DPWU, or his designee, indicating that all further work will be carried out in accordance with the corrective action plan and, if applicable, the methodology that will be used. Before permitting the resumption of any work the Director or his designee may consult with the Borough Engineer, Solicitor or other Borough official concerning the proposed Corrective Action Plan and its compliance with applicable Federal, State or local law.
c. 
The authority conferred in this section upon the Code Enforcement Official or the Director of DPWU or his designee shall not be construed as in any way affecting the authority conferred upon the Construction Official under the Uniform Construction Code, and the regulations promulgated thereunder.
A Stop Work Order may be issued in any of the following situations:
a. 
By the Construction Official.
1. 
for failure to obtain a required construction permit;
2. 
for a violation of the conditions of the construction permit;
3. 
for any other reason authorized by the Uniform Construction Code or the regulations promulgated thereunder.
b. 
By the Director of DPWU or His Designee and/or the Code Enforcement Official.
1. 
for failure to obtain a construction permit or a DPWU Permit;
2. 
for a violation of the terms and conditions of the DPWU Permit;
3. 
for improper discharges into the Borough's sanitary sewer system;
4. 
for improper discharges into the Borough's storm water collection system;
5. 
for failure to comply with the provisions of this section and the subsections hereof;
6. 
for conduct or creating or maintaining conditions resulting in a public nuisance or which poses a health or safety hazard;
7. 
for failure to carry out the dewatering activity in accordance with this section;
8. 
for failure to maintain the construction site in such a manner as to comply with this section;
9. 
for any other reason permitted by law
THE STOP WORK ORDER shall remain in effect until rescinded by the issuing authority upon correction or remedy of the underlying conditions giving rise to the issuance of such STOP WORK ORDER.
Failure to obey the stop work order shall subject the contractor to the penalty provisions of this section.
This section shall be enforced by any of the following:
Construction Official
Code Enforcement Official
Zoning Enforcement Officer
Director of DPWU and the Assistant Director of DPWU
Avalon Police Department officers and members
Cape May County Department of Health
Such other officer or official so authorized by law.
a. 
Any person violating this section shall be subject to such Administrative Penalties and Assessments as authorized by the New Jersey Uniform Construction Code. The Borough's Construction Official shall impose and assess an administrative penalty for each day that a violation continues unabated and each day shall be treated as a separate and distinct violation.
b. 
Each day that a violation continues shall be treated as a separate violation and the penalty authorized under the UCC shall be imposed by the Construction Official.
c. 
Such penalties shall be recovered by the Borough through a Penalty Enforcement Action in accordance with N.J.S.A. 2A:58-11 and N.J.S.A. 52:27D-138.
d. 
Any Administrative Penalty imposed under this section shall be in addition to, and not in place of, any other penalty established in this section or by this Code.
Any person violating any of the provisions of this section shall, upon conviction, be subject to one or more of the following:
a. 
For a First Offense:
1. 
A fine in the minimum amount of $100 not to exceed the sum of one thousand ($1,000) dollars; and/or
2. 
Incarceration for a term not to exceed ninety (90) days; and/or
3. 
A period of community service for a period not exceeding ninety (90) days.
b. 
For a Second or Subsequent Offense:
1. 
A fine in the minimum amount of one hundred ($100) dollars and not to exceed the sum of two thousand ($2,000) dollars; and/or
2. 
Incarceration for a term not to exceed ninety (90) days; and/or
3. 
By a period of community service for a period not exceeding ninety (90) days.
Any person convicted of violating this section within one year of the date of a previous violation and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section. (See N.J.S.A. 40:49-5)