[HISTORY: Derived from Ch. X, Sec. 10-10, of the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any pool 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 a residence. Unless otherwise qualified, the term "private
swimming pool" shall be construed as including both artificial and partly
artificial pools. The term "partly artificial pool" shall mean a pool formed
from a natural body of water which has either so limited a flow or such an
inadequate natural circulation that the quality of water must be maintained
by artificial means. The term "artificial pool" shall mean a pool composed
entirely of artificial construction.
Any artificially constructed pool, not designed or used for swimming,
with a maximum water depth of 24 inches.
It shall be unlawful to construct or establish a private swimming pool
or wading pool as herein defined without having obtained a permit therefor
in the manner hereinafter prescribed.
Application for the construction and maintenance of a private swimming pool or wading pool shall be made to the Building Subcode Official by the owner of the property or by the contractor who will construct the swimming pool. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed swimming pool on the property, together with any proposed bath houses or cabanas. The plot plan shall also show the location, height and type of all existing fencing or walls on the boundary lines of the property, together with the type and height of such fencing or enclosure as may be required by § 368-13 to prevent, within reason, any persons from gaining access beneath or through the fence when the pool is unguarded or unattended. A fee of $20 shall be paid to the borough for such private swimming pool permit, which permit fee shall be exclusive of the permit fee required for erection of any accessory structure to be used in connection with such swimming pool. A fee of $10 shall be paid to the borough for a wading pool as defined herein. No permit for a private swimming pool or wading pool shall be issued by the Building Subcode Official until the plans, specifications and plot plan have been approved by the Health Officer and Engineer of the borough and such approval has been properly certified on the plans. Such approval must be directly obtained from the Health Officer by the applicant.
A.
All material used in the construction of artificial private
swimming pools and wading pools as herein defined shall be waterproof and
easily cleaned. Construction and design of the pools shall be such that same
may be maintained and operated as to be clean and sanitary at all times. The
owners of every private swimming pool shall be responsible to maintain the
pool in such condition as to prevent breaks in the pool chassis or water from
the pool overflowing into adjacent public or private property.
B.
Private swimming and wading pools of permanent construction
shall be limited to a height of not more than 12 inches above the ground.
There shall be no physical connection between a potable public or private
water supply system and such private swimming pools or wading pools at a point
below the maximum waterline of the pool or to a recirculating or heating system
of the pool.
All private swimming pools hereafter constructed within the borough
shall be provided with one drainage outlet not in excess of three inches in
diameter extending from the pool to either a brook, storm sewer or lawn-sprinkling
system on the premises on which the private pool is located. The discharge
of water from such private swimming pools into a brook or storm sewer shall
be permitted only following approval by the proper state, county and borough
officials, as each case requires. No private pool drain shall be connected
into the sanitary sewer system or a brook except upon written approval of
the Engineer and Health Officer. Application for approval shall be in writing.
The Engineer or his designated employee shall inspect the premises on which
such pool is planned to be constructed in order to determine the proper place
and type of connection with the sanitary sewerage system, if such connection
is authorized by the borough. Approval of an application to connect into the
sanitary sewer system shall not be given if it is feasible to discharge water
from a pool into an accessible brook, storm sewer or to use such water for
purposes of lawn sprinkling on the premises. Approval shall not be given to
discharge such water at the curb or upon the surface of any street.
A.
Where approval is obtained to discharge water from a
private swimming pool or wading pool into the sanitary sewerage system, the
owner of the pool shall be responsible to pay an annual sewer charge to the
borough in accordance with the following schedule:
All private swimming pools or wading pools shall be treated with chlorine
or its compounds in sufficient quantity so that there will be present in the
water at all times when the pool is in use a residual of excess chlorine of
not less than 0.50 parts per million of available free chlorine.
Not more than 15% of the samples of water taken from any private swimming
pool or wading pool, when more than 20 samples have been examined, and not
more than three samples, when less than 20 samples have been examined, shall
contain more than 200 bacteria per cubic centimeter or shall show positive
test (confirmed) for coliform in any of five ten-cubic-centimeter portions
of water at times when the pool is for use. For the purpose of this chapter,
any number of samplings of water on a single day shall be considered as one
sample. The local Board of Health is hereby authorized to take samples to
insure compliance with these requirements.
Locker rooms, bath houses, cabanas, shower rooms, toilets, runways and
all other physical facilities or equipment incident to the operation of any
private swimming pool or wading pool shall be kept in a sanitary condition
at all times. No accessory buildings shall be allowed in connection with the
use of any swimming pool, unless such accessory building is attached to the
main building.
A.
No private swimming pool or wading pool shall be erected
to extend out beyond the front line of the main building.
B.
No private swimming or wading pool shall be larger in
area than 50% of the rear yard and in no case shall a pool be constructed
less than six feet from any rear property line or less than six feet from
any side property line.
All private swimming pools now existing or hereafter constructed or installed within the borough which are located 200 feet or less from any property line of the lot or plot upon which the same is situated shall be enclosed by a substantial fence the height of which shall be in accordance with the provisions relating to fences under the relevant section of Chapter 410, Zoning, and which shall be constructed to prevent within reason any person from gaining access beneath or through the fencing.
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such a manner as to be a nuisance or an annoyance
to neighboring properties.
Every private swimming pool or wading pool, as defined herein, constructed
or to be constructed in the borough shall at all times comply with the requirements
of the local Board of Health. 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 be abated and removed by the owner, lessee or occupant of the premises
on which the pool is located within 10 days of receipt of notice from the
Building Department, borough or Board of Health of the borough.
