[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 6-14-1960 (Ch. 105 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PRIVATE SWIMMING POOL
- Any pool with a water depth exceeding 24 inches, built, constructed or erected at, below or above ground or grade level, designed, used and maintained for swimming purposes by an individual for use by his household and guests and located on a lot as an accessory use to residential premises.
No private swimming pool shall hereafter be constructed without a permit. Applications for such a permit shall be accompanied by one set of plans, specifications, descriptions, brochures and a detailed scale plot plan showing all building locations and proposed location of the pool on the applicant's premises and the property lines and location of the structures on abutting properties immediately adjacent to the property of the applicant or owner of the premises where the pool is to be installed. The Construction Official shall not pass on the structural features or durability of the pool but shall issue a permit for the construction or installation of the pool if the plans, specifications and descriptive brochure comply with the rules and regulations hereinafter set forth. In the event that the Board of Health shall formulate rules and regulations designed for the control of such pools, the Construction Official shall not issue his permit until approval has been received from the Board of Health. A permit fee of $5 shall be charged by the Construction Official for a permit for any pool up to a value of $1,500, and permit fees for any pool of a value in excess of $1,500 shall be charged in accordance with the established building permit fee scale.
All material used in the construction of private swimming pools shall be waterproof. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms are prohibited. The construction and design of said pools shall be such that they may be maintained and operated so as to be clean and sanitary at all times. The owners of every pool shall be responsible for maintaining said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing onto adjacent public or private property.
There shall be no physical connection between a potable public or private water supply system and such pools.
All private swimming pools hereafter constructed within the Borough of Westville shall be provided with one drainage outlet not in excess of two inches in diameter extending from said pool to either a brook, storm sewer or lawn sprinkling system on the premises on which said pool is located. No private pool drain shall be connected into the Borough sanitary sewer or streets.
All private swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtering so as to comply with such approved bacteriological standards as may be promulgated by regulations issued by the Board of Health of the Borough of Westville and the State Department of Health and Senior Services. The Board of Health of the Borough of Westville is hereby authorized to take samples of the water from said pools from time to time to ensure compliance with these requirements.
Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool shall be kept in a sanitary condition at all times.
No swimming pool shall be constructed, installed or erected within eight feet of any abutting property line or any dwelling nor nearer to the street line on which said premises fronts than the main front wall of the dwelling erected thereon. No structure or appurtenance used in connection with a swimming pool may be constructed, erected or installed within five feet of any abutting property line. No private swimming pool shall be constructed, erected or installed on any lot unless upon said lot shall be located a residence building or unless said lot is part of a residence curtilage.
Every such pool now in use and any pool constructed henceforth shall be fully enclosed by a suitable fence with a gate capable of being locked when the pool is not in use. Said fence shall have a minimum height of three feet. A woven fence shall have a mesh with openings not exceeding four inches by four inches. Other fences shall have a maximum distance between pickets of four inches. A pool with a fence or similar barrier attached to the pool structure which completely encloses the pool and also has a ladder or movable hinged access that can be raised and locked will be considered sufficient to meet the fencing requirements of this section.
No artificial lighting shall be maintained or operated in connection with private swimming pools in such a manner as to be a nuisance or annoyance to neighboring properties, nor shall there be permitted any underwater lighting facilities in any private swimming pool.
All areas surrounding the pool and its enclosures shall be made and kept neat and attractive so as to be in conformity with surrounding property, with no rubbish, debris or litter of any kind at any time.
Sound-absorbing and -deflecting structures and planting, shrubbery and trees shall be provided in such number and so located as to effectively reduce the sounds from the pool as heard on contiguous property or streets, to the end that there shall be no unreasonably loud noise which is abnormal to the surrounding neighborhood. No sound-amplifying system shall be used.
Every private swimming pool constructed or to be constructed in the Borough of Westville shall at all times comply with the requirements of all health authorities having jurisdiction in the premises, and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession of such pool upon receipt of notice from the Sanitary Inspector or other designated person so requiring.
Any applicant for a permit who does not wish to comply with the requirements of §§ 345-8 and 345-9 of this chapter of the Code may appeal for a variance or other relief from such sections to the Land Use Board of the Borough of Westville. Such application shall be governed by all ordinances, regulations, standards and statutes regulating the Land Use Board, and such applications shall be decided pursuant to N.J.S.A. 40:55D-70.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.