[1966 Code § 76-12; Ord. No. 11-71]
As used in this chapter:
Shall mean a swimming pool which is constructed above or
below grade, or the following: cannot be dismantled and stored away
each winter; has a depth greater than two feet or an area of at least
115 square feet; and is used or intended to be used solely by the
owner or lessee thereof, his family and by friends invited to use
the pool without any charge or payment of fee.
Shall mean a swimming pool which is fabricated of plastic
or other lightweight materials, erected above ground and can be readily
dismantled and stored or transported or a pool which has no permanent
or fixed connections and has a depth greater than two feet, which
has a water surface area of at least 115 square feet and which is
used or intended to be used solely by the owner or lessee thereof,
his family and friends invited to use the pool without any charge
or payment of fee.
Shall mean a swimming pool which meets all of the specifications
and requirements set down for the portable family pools as previously
described, except that it has a depth of two feet and has a water
surface area less than 115 square feet.
[1966 Code § 76-1]
The application of these provisions for a permanent family pool
constructed prior to the passage of this chapter shall be as follows:
[1966 Code § 76-2]
It shall be unlawful for any person to construct, install or
maintain a swimming pool in the Borough without having first complied
with the provisions of this chapter.
[1966 Code § 76-3]
a.
No person shall construct any permanent or portable type swimming
pool without first having obtained a permit.
b.
Applications for a permit required by this section shall be made
to the Building Subcode Official or other official designated by resolution
of the Mayor and Council. The application form shall be provided by
the Borough, executed in duplicate, and accompanied by a duplicate
set of the following:
1.
Plan and specification for the proposed swimming pool, showing and
covering all auxiliary structures and appurtenances related thereto.
2.
A plot plan showing property lines of the land upon which the proposed
swimming pool is to be constructed, installed or located, showing
all existing houses and structures, the specific location and dimensions
of the proposed pool and auxiliary structures, showing the distance
of the pool from the residence building thereon, and also the distance
from the property lines and abutting street.
The distance shall not be less than the minimum provided in Section 16-5.
3.
A clear description shall be given of the fence or other enclosure proposed to surround the swimming pool, the type of material to be used, the height and the number of gates or doors. The fence or other enclosure shall conform to the minimum standards provided in Section 16-9.
[1966 Code § 76-4]
a.
Upon the filing of an application for a permit properly executed,
the Building Subcode Official shall forthwith file the duplicate application
and accompanying plan and specification with the Board of Health,
for its recommendations and approval.
b.
The Building Subcode Official shall, within 30 days after receiving
a properly executed application for a permit, act upon the same in
the manner as follows:
1.
Approve the application as submitted and cause the permit to be issued.
2.
Approve the application subject to any correction, modifications
or additional information required to be furnished, to assure proper
compliance with the provisions of this chapter. Upon receipt of an
application so amended, the Building Subcode Official shall cause
the permit to be issued.
[1966 Code § 76-5]
The fee accompanying an application for a permit to construct,
install, enlarge and maintain a swimming pool authorized under this
chapter shall be as follows:
a.
For installation of a new permanent swimming pool, or for the enlargement
of an existing pool a charge of $50.
b.
The fees provided in this section are intended to defray the cost
of processing the application and inspection of site before and after
issuance of permit.
c.
The permit issued and the fee paid shall be in addition to any permits
and fees which will be required by the Board of Health and Building
Department to regulate the operation of swimming pools in a sanitary
manner and to defray the inspection and examination costs.
[1]
Editor's Note: See also fees for construction permits
in subsection 11-1.2K, paragraphs 2, 3 and 4.
[1966 Code § 76-6; Ord. No. 7-73]
a.
Swimming pools shall not be constructed, installed, located, maintained
or operated within:
1.
10 feet of any side yard lot line, accessory structure, principal
structure or accessory structure attached thereto.
2.
10 feet of any rear lot line.
3.
The front or side yards of any noncommercial residential property.
4.
The existing front yard setback line of the residence building, but
in no case, irrespective of the building setback line, shall the pool
be located less than 20 feet from the front street line.
b.
A permanent or portable swimming pool may be constructed, installed,
located, maintained or operated only on the same zone lot as a principal
residential structure.
[1966 Code § 76-7]
All material used in the construction of a swimming pool licensed
hereunder shall be of durable quality and waterproof, and so designed
as to facilitate its emptying and cleaning. The bottom and sides of
the pool shall be a light color, except that aluminum paint shall
not be used as a finish. Pool sides and bottom shall be smooth and
free from cracks and open joints. Inlets shall be so located and spaced
as to secure satisfactory dispersion of inflowing waters throughout
the pool and to permit the draining, cleaning and disinfection of
the bottom and sides. Sand or earth bottom shall not be used.
[1966 Code § 76-8; Ord. No. 11-71; New; Ord. No. 3-2016]
In addition to the provisions of this chapter, the construction,
installation, maintenance and operation of any swimming pool shall
be subject to the regulations and standards now or hereafter provided
in the Sanitary Code of the Borough pertaining to the following matters:
a.
Construction, installation and maintenance of equipment for chlorinating,
disinfecting and filtering.
b.
Physical connection between potable water supply system and pool
shall be protected with a backflow prevention device as approved by
the Public Works Department.
c.
Physical, chemical and bacterial quality of the pool water.
d.
The method of discharging wastewater.
1.
Pool discharge system. No pool shall be connected to the sanitary
sewer system either by means of permanent connection or by some temporary
arrangement, for the purpose of draining the pool, unless permission
is obtained from the Superintendent of Public Works. Permission to
connect to the sanitary system will not be granted if the pool can
be drained onto the property owner's surrounding ground area
without running onto neighbors' property or if a storm drain
is reasonably accessible to the premises upon which the pool is located.
2.
Where, however, the sanitary sewer system is the only available means
for discharging the pool water, permission for such discharge into
the sanitary sewer system will be granted, provided that:
(a)
The discharge pipe or hose is not over two inches in diameter.
(b)
The pool shall not be drained more than once each year.
(c)
The pool is drained only after obtaining a permit from the Superintendent
of Public Works.
(d)
The pool is drained only on the date and at the time designated within
that permit.
(e)
The appropriate permit fee is paid.
[1966 Code § 76-9; Ord. No. 11-71; New; Ord. No. 3-2006 § 1]
Every swimming pool shall comply with and meet the requirements
of the International Residential Code, New Jersey Edition, as may
be supplemented from time to time.
[1966 Code § 76-10; Ord. No. 7-73; Ord. No. 20-91]
a.
The Mayor and Council may, by resolution, authorize an appeal from the denial of a permit under subsection 16-4.2 and may grant a variance of this chapter in specific cases, consistent with public safety and the general provisions and intent of this chapter.
b.
However, when any question of sanitation is involved, such variance
may be allowed only if the same is also recommended by resolution
of the Board of Health and it has been thereby determined and declared
that such variance will not be harmful to public health.
c.
As a prerequisite to an appeal before the Mayor and Council from the denial of a permit under subsection 16-4.2, notice of the appeal shall be served by the appealing party on the owners of all real property, as shown on the current tax duplicates, within 200 feet in all directions of the property by personal service or certified mail, return receipt requested, not less than 10 days prior to the date of the hearing of the appeal.
[1966 Code § 76-11]
Swimming pools shall also be subject to any sanitary regulations
provided in the Sanitary Code of the Board of Health or to be hereafter
enacted.
[1966 Code § 76-13; Ord. No. 11-71]
a.
The Building Subcode Official, Plumbing Subcode Official and Police
shall be responsible for the enforcing of all zoning, construction,
fencing and safety provisions within this chapter.
b.
The Health Officer or a representative of the Board of Health shall
be responsible for the enforcement of all of the health, sanitary
and safety provisions of this chapter.
c.
In addition, any other person may also make a complaint for any violation
of this chapter before the local Municipal Court. The owner of any
swimming pool, portable, permanent, or wading pool, within the Borough,
shall allow the Building Subcode Official, Plumbing Subcode Official,
Health Officer, Police and other authorized officials access to the
pool and appurtenances for the purpose of inspection to ascertain
compliance with this chapter at all reasonable times.
