[1971 Code § 47-1; Ord. No. 03-31, § I]
The words, terms or phrases listed below, for the purpose of
this chapter, except when the context requires a different meaning,
shall be defined as follows:
Shall mean building or installing a new swimming pool or
enlarging an existing swimming pool or any of its facilities.
Shall mean and include corporation, companies, associations,
societies, firms and partnerships as well as individuals.
Shall mean any above surface type of swimming pool not designed
or intended to be permanently affixed to the ground, and which is
capable of being removed for storage.
Shall mean any artificially constructed swimming pool, permanent
or portable in nature, having a depth of 24 inches or more and having
a surface area of 250 square feet or more, which is designed, used
or intended for swimming, bathing or wading purposes, and which is
established or maintained upon any premises by any person for his
own use or for the use of his family or for the use of guests of his
household. It shall further mean and include fill-and-draw, flow-through
and recirculation pools which are artificially constructed to provide
recreational facilities for swimming, bathing or wading, and all buildings,
equipment and appurtenances thereto. It shall not include natural
outdoor ponds, rivers or lakes, nor baths used for cleansing of the
body or practice of the healing arts.
Shall mean any artificially constructed pool intended for
use by children, not designed or used for swimming, with a maximum
surface area of 75 square feet and a maximum water depth of 18 inches.
[1971 Code § 47-4; Ord. No. 03-31, § I]
a.
It shall be unlawful hereafter to establish or construct or alter
a private swimming pool without first having obtained a permit therefor
in the manner hereinafter prescribed; provided, however, that no permit
shall be required for any portable pool less than 18 inches in water
depth at any point and with a water surface area of less than 75 square
feet.
b.
It shall be unlawful to establish, construct, alter or maintain a
private swimming pool which is not in accordance with the provisions
of this chapter.
[1971 Code § 47-5; Ord. No. 03-31, § I]
a.
Application for permits for the construction, remodeling, altering and maintenance of any private or portable swimming pool, as defined in Section 15-1 hereof, shall be made to the Construction Department by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, location of septic systems, together with the type and height of fencing or enclosures as may be required by this section. No permit is required for wading pools.
b.
No permit for a private swimming pool, as defined in this section,
shall be issued by the Construction Official until the plans, specifications
and plot plan have been approved by the Zoning Officer, Building Subcode
Official, Electrical Subcode Official and Plumbing Subcode Official.
[1971 Code § 47-6; Ord. No. 03-31, § I]
Upon filing of the aforesaid application the fee stated in Section 5-15 shall be paid to the Construction Official.
[1971 Code § 47-2; Ord. No. 94-08, § I; Ord. No. 03-31, § I]
a.
All private swimming pools, or additions thereto shall be completely
surrounded and enclosed by a substantial self-supporting fence or
wall of the type and dimensions hereinafter specified.
b.
Whenever a fence or wall is required to be erected under the terms
of this chapter, it shall be so constructed and erected in the following
manner:
1.
The fence shall form a barrier and be a minimum of 48 inches above
ground level. Openings shall not be greater than four inches for vertical
balusters with horizontal concentrated load of 200 pounds applied
on a one square foot area at any point offence. Maximum mesh size
for chain link fencing shall not exceed 1 1/4 inches square.
Where their barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches (1,143 mm), the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches (44 mm) in width.
Pedestrian gates shall open outward only, away from the pool,
and shall be self-closing with a self-latching device. If the self-latching
device is located less than 54 inches from the bottom of the gate,
then the release mechanism shall be located on the pool side of the
gate at least three inches below the top of the gate. The gate and
the barrier shall not have an opening greater than 1/2 inch within
18 inches of the release mechanism.
2.
A side of a building may be deemed to be part of a fence or wall,
as the case may be.
3.
In no event shall said fence or wall be constructed in such a manner
or way as to be in violation of any existing ordinances or rules or
regulations of the Township.
[1]
Editor's Note: Former subsection 15-3.2, Self-Engaging
Locks for Gates, previously codified herein and containing portions
of 1971 Code § 47-3, was repealed in its entirety by Ordinance
No. 03-31.
[1971 Code § 47-8; Ord. No. 03-31, § I]
a.
There shall be no physical connection between a potable public or
private water supply system and such private swimming pools, wading
pools or portable pools below the maximum waterline of the pool or
to a recirculating or heating system of said pool. The piping system
shall be designed to circulate the pool water through filtering equipment.
Potable water shall feed the pool overflow level. Potable water siphons
will not be permitted to drain the aforesaid pools. The installation,
repair and control of plumbing facilities shall comply with the plumbing
and sanitary standards of the current adopted version of the National
Standard Plumbing Code.
b.
All circulating units shall have sufficient capacity to recirculate
the entire contents of a pool within 24 hours or less.
c.
All pools not equipped with facilities for the recirculation and
reuse of the pool water shall be subject to closure by order of the
Township Committee during any period of emergency water shortage declared
by a duly authorized public official.
d.
Whenever any pool is a hazard to the health of the public, the Health Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by subsection 15-7g hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Township Committee by the owner of such pool. Said appeal, however, shall not stay the action of the Health Officer.
[1971 Code § 47-9; Ord. No. 03-31, § I]
All private swimming pools, wading pools or portable pools within
a water depth of more than one-foot shall be disinfected by the use
of disinfecting agents with disinfecting qualities equal to those
obtained from chlorine-bearing compounds. No water shall be used for
swimming purposes which, when tested, shall show coliforms contained
therein. For the purposes of this section, the use of disinfecting
agents approved by the National Swimming Pool Institute or such disinfecting
agents as shall meet the same or higher standards shall be deemed
compliance with this section.
[Ord. #03-31, § I]
All materials used in the construction of swimming pools shall
be waterproof and so designed and constructed as to facilitate emptying
and cleaning and shall be maintained and operated in such manner as
to be clean and sanitary at any time when any such pool shall be in
use or at such times as the same shall be subject to use. Inlets of
the treated water shall be so located and spaced as to secure satisfactory
dispersion of the water throughout the pool and not to interfere with
draining, cleaning and disinfecting of the bottom and sides. Sand
or earth bottoms shall not be used.
[Ord. #03-31, § I]
a.
It shall be unlawful to use any temporary electrical appliances in
a portable pool or wading pool. All electrical connections shall comply
with the current adopted version of the National Electrical Code.
b.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool, wading pool or portable pool in such
a manner as to be a nuisance or an annoyance to neighboring properties.
Such lighting shall not shine directly upon any abutting property.
No unshielded lights shall be permitted.
[Ord. No. 03-31, § I]
a.
In order to prevent the adverse consequences of uncontrolled surface
water flow, prior to the issuance of a construction/zoning permit
for the erection or installation of a pool, a lot grading plan shall
be submitted to the Municipal Engineer in accordance with the requirements
of this subsection.
b.
A lot grading plan shall be submitted to the Municipal Engineer in
triplicate in sufficient detail to show the following:
1.
The existing surface drainage pattern as it affects the subject property
and all abutting land.
2.
The location of any existing streams, watercourses, slopes, ponds,
storm sewers or drainage facilities which relate to drainage of surface
waters from or to the subject property.
3.
The proposed location of the structure for which a construction permit
is being sought.
4.
The proposed elevation of the finished pool facility for the subject
property.
5.
The outer limits of all areas in which any grading, clearing or filling
is proposed on the subject property.
6.
Any proposed changes in the existing surface drainage pattern which
will result from the construction proposed for the subject property,
including any proposed changes on abutting lands.
7.
When necessary, upon the Municipal Engineer's request, this
lot grading plan must be prepared in a drawing form, signed and sealed
by a professional engineer or land surveyor.
c.
The Municipal Engineer's approval of a grading plan or revised
plan shall be based on a determination that the plan is designed to
control surface waters in a manner that will not adversely affect
the subject property and abutting lands. No construction may start
and no land disturbances may occur until such determination is made.
Whenever the Municipal Engineer considers it necessary or appropriate,
he may require that a lot grading plan include temporary measures
to be taken during the performance of any construction work to prevent
adverse water from running off onto abutting lands. The failure of
a property owner to comply with an approved lot grading plan for said
property, including temporary measures to be taken during the performance
of construction work, shall constitute a use of the subject property
in violation of this chapter.
d.
Neither an occupancy/zoning permit nor a Certificate of Occupancy
shall be issued for any property which is the subject of a lot grading
plan until the Municipal Engineer has inspected the property and determined
that the construction conforms with the lot grading plan.
e.
If a Certificate of Occupancy is issued for a property prior to full
compliance with a lot grading plan and full compliance is not effected
by the date set forth in the report of the Municipal Engineer, the
continued occupancy of such property after such date shall constitute
a use of such property in violation of this chapter.
f.
There shall be no change in existing grade which raises the elevation
of the lot within five feet of a property line. Furthermore, there
shall be no change in existing grade which raises any portion of the
lot more than three feet above the existing ground level at a point
15 feet from the property line. When necessary, a swale shall be created
in order to control surface waters in a manner that will protect abutting
lands. For retaining walls which exceed 3.5 feet in height above the
natural grade, material certifications and engineering drawings shall
be required to ensure durability and stability, provided that for
each six inches in height above the natural grade a retaining wall
shall be set back two feet from the property line to which it is adjacent.
Distances from property lines shall be measured at right angles to
straight portions and radial to curved portions.
g.
A lot grading inspection fee of $100 shall be paid with the zoning
application.
h.
In addition, any sidewalk, curbing or pavement on Township right-of-way
damaged during the construction of the pool and/or accessory construction
must be replaced in accordance with Township standards, prior to issuance
of the Certificate of Occupancy.
i.
Ground cover (grass, sod, etc.) disturbed by the construction of
the pool and/or accessory construction must be restored to the reasonable
satisfaction of the Municipal Engineer prior to the issuance of the
Certificate of Occupancy.
[1971 Code § 47-7; Ord. No. 03-31 § I]
Applicant shall comply with all setback requirements for auxiliary
buildings or structures contained in the Zoning Ordinance of the Township.
[1971 Code §§ 47-10, 47-11; Ord. No. 03-31, § I]
The following miscellaneous provisions shall apply:
a.
Any nuisance which may exist or develop in or in consequence with
any private swimming pool shall be abated and/or removed by the owners.
b.
Whenever any private swimming pool, by reason of mechanical defects
or lack of supervision, is, in the opinion of the Health Officer,
polluted and detrimental to health, it shall be summarily closed.
c.
Owners or persons in possession of private swimming pools shall allow
the Health Officer and the Building Officials access to inspect said
pool and the appurtenances at any time it may be required in the reasonable
opinion of such officials.
d.
Any accessory building, such as locker rooms, toilets and runaways,
or any other physical facility or equipment incident to the maintenance
and operation of any of the above described shall be in conformance
with the rules and regulations of the Township of Millstone.
e.
Every private swimming pool, wading pool or portable pool constructed,
installed, established or maintained in the Township of Millstone
shall at all times comply with the ordinances and State laws or regulations
governing same. Any nuisance or hazard to health which may exist or
develop in or in consequence of or in connection with any such private
swimming pool, wading pool or portable pool shall be forthwith abated
and removed by the owner, lessee or occupant of the premises on which
said pool is located upon receipt of notice from the Health Officer
of the Township of Millstone.
f.
It shall be the duty of the Health Officer and/or the Building Officials
and such other officials as designated by the Township Committee to
enforce the provisions of this section.
g.
The owner or operator of any pool within the Township shall allow
said Health Officer and/or Building Officials access at all reasonable
times to any private swimming pool or wading pool or portable pool
and appurtenances thereto for the purpose of inspecting to ascertain
compliance with this section and all other pertinent Township ordinances.
