[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 196 of the 1993 Code. Amendments noted where applicable.]
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:
- Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
- Any private swimming pool of more than one-hundred-cubic-foot capacity, of permanent construction, and all equipment and appurtenances thereto, used by any person for swimming or bathing.
- PORTABLE POOL
- Any above-surface-type pool of more than one-hundred-cubic-foot capacity, not stationary or fixed and capable of being removed for storage.
- WADING POOL
- A permanently constructed pool not designed or used for swimming, with a maximum area of 100 square feet and a maximum water depth of 12 inches.
Application for a permit to construct, establish or maintain or to alter, remodel or add to a permanent private swimming pool or permanent wading pool shall be made to the Construction Code Officer by the owner of the property. The application shall be accompanied by two sets of sketch plats showing the location of the pool with relation to the boundary lines of the premises and adjacent structures situate thereon and also showing all fences, existing or proposed, and the height thereof. The application for the proposed private swimming pool or wading pool and auxiliary structures and appurtenances related thereto shall set forth the size and capacity of the pool and the extent of filtration, the water supply arrangement and materials to be used and the location, height and aperture dimensions of the fence to be erected, together with the gate.
[Amended 5-11-2005 by Ord. No. 2005-15]
No permit for a private swimming pool or wading pool shall be issued by the Construction Code Officer until the sketch plat, plans and specifications have been approved by the Township Engineer, and approval has been properly certified on the plans. Municipal in-house engineering review fee: $200.
[Amended 5-11-2005 by Ord. No. 2005-15]
The fees to be charged for a permit for construction of a private swimming pool or wading pool shall be charged in accordance with Chapter 88, Construction Code. No permit shall be issued until the permit fee is paid.
Construction and maintenance.
All materials used in the construction of private swimming pools or wading 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 all times. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and to permit draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
In pools provided with electrical equipment and metallic appurtenances, it shall be the responsibility of the pool installer to ground all electrical equipment associated with the swimming pool and to bond and ground all metallic appurtenances; said bonding and grounding shall comply with the latest regulations of the National Electric Code as same is published by the National Fire Protection Association.
Accessory buildings. Any accessory buildings that are to be constructed must comply with that portion of the Zoning Ordinance pertaining to accessory buildings. Locker rooms, bathhouses, 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.
Water use closure.
All pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Health during any period of emergency water shortage.
Whenever any pool by reason of mechanical defects or failure to comply with the requirements of this chapter is a hazard to the health of users thereof, the Health Officer is authorized to summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool; the appeal, however, shall not stay the action of the Health Officer.
Disinfecting agents. Chlorine gas-bearing compounds in solution shall be required as disinfecting agents for swimming pools, wading pools or portable pools. The use of neon, ultraviolet light or any other method wherein a residual cannot be determined is prohibited.
All private swimming pools, wading pools or portable pools with a water depth of more than one foot, hereafter constructed, installed, established or maintained within the Township, shall be provided with the necessary equipment to completely pump out or empty the pool or shall be emptied by providing one drainage outlet, to be installed at the lowest point of the pool, not in excess of three inches in diameter extending from the pool to a storm sewer, lawn sprinkling system, adequate dry well or sand filtering pit on the premises on which the private pool, wading pool or portable pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Township Engineer. No private pool drain, wading pool drain or portable pool drain shall be connected into the sanitary sewer system. Pool water may not be discharged at the curb or upon the surface of any street. The discharge of the waters shall in no case cause or create a nuisance to the abutting property or to the public.
A private swimming pool, wading pool or portable pool shall not be constructed, installed or maintained within 10 feet of any side or rear yard lines; provided, however, that in the case of any lot less than 50 feet in width, it will be permissible to place a pool within 10 feet of a side or rear property line.
No private swimming pool, wading pool or portable pool shall be constructed, erected, installed or maintained in the front yard of any property except premises consisting of three acres or more in area and having a front yard setback depth of 100 feet or more from the front line of the premises to the main foundation line of the dwelling situate thereon.
A private swimming pool or wading pool shall not be constructed or installed on any premises unless a residence building is also located on the premises or unless the premises are part of a residence curtilage.
The Board of Adjustment of the Township of Manalapan be and it is hereby authorized to hear and decide appeals for relief from the side and rear line setback requirements of this chapter where, by reason of exceptional narrowness, shallowness or peculiar shape of a specific piece of property or by reason of exceptional topographical conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the rear or side line setback requirements would result in a peculiar and exceptional practical difficulty to or exceptional and undue hardship upon the owner of such property so as to relieve such difficulties or hardship, provided that such relief may be granted without detriment to adjoining property owners and without substantially impairing the intent and purpose of this chapter.
Procedure for hearing and relief.
Requests for relief from the side or rear line setback may be taken by any person to the Zoning Board of Adjustment as follows:
A written application along with the sketch plat required by § 208-2 of this chapter and the required filing fee pursuant to Chapter 95 shall be delivered to the Secretary of the Zoning Board of Adjustment, which application shall state in detail the reason for the application.
[Amended 4-10-2019 by Ord. No. 2019-09]
The Zoning Board shall then fix a reasonable time, but within 45 days from receipt of the application, for a hearing, giving due notice to the applicant.
[Amended 4-10-2019 by Ord. No. 2019-09]
The applicant shall, at least 10 days prior to the time fixed for the hearing, give personal notice to all owners of property situated within or without the Township and within 200 feet of the property to be affected by the application. The notice shall be given either by giving a copy thereof to the property owners or by leaving a copy thereof at their usual place of abode, if the owners are the occupants of the property affected by such application or are residents of the Township. Notice may also be made by certified mail to the last known address shown on the most recent tax list.
At the time of the hearing, the applicant shall, by affidavit, present proof to the Zoning Board that the notices have been duly served. Upon the hearing, any party may appear in person or by agent or by attorney, except that a corporation shall appear by attorney.
The Board of Adjustment is hereby authorized to adopt such rules and regulations as it may deem necessary to govern its procedures concerning such applications.
Whenever an application shall be made to the Board of Adjustment, the Board shall render its decision upon such application within 60 days of the date of the hearing. Upon failure to do so, at the expiration of such time, such appeal shall be deemed to be decided adversely to the applicant, in the same manner as though the Board had rendered a decision to that effect.
Fencing. All private swimming pools, portable pools and wading pools now existing or hereafter constructed, installed, established or maintained shall be enclosed by a permanent fence of durable material at least four feet in height but no more than six feet in height and shall be so constructed as not to have openings, mesh, holes or gaps larger than four square inches in any dimension except for doors and gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the private swimming pool is not in use. All the existing private swimming pools shall be fenced within 45 days after July 10, 1968.
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. The lighting shall not shine directly upon any abutting property. No unshielded light shall be permitted.
No artificial underwater lighting shall be permitted in any private swimming pool, wading pool or portable pool unless the installation of same has first been inspected and approved by the officially designated electrical inspector of the Middle Department Association of Fire Underwriters.
It shall be unlawful for any pool to be operated or used between the hours of 12:00 midnight and 6:00 a.m.
Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the Board of Health. Any nuisance or hazard to health which may exist or develop in consequence of or in connection with any 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 the pool is located upon receipt of notice from the Construction Code Officer or Health Officer.
It shall be the duty of the Construction Code Officer, Code Enforcement Officer and Health Officer, singularly or collectively, to enforce the provisions of this chapter.
The owner or operator of any pool within the Township shall allow the Construction Code Officer and the Health Officer or other authorized official access to any private swimming pool, wading pool or portable pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Township ordinances at all reasonable times.
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $500 and upon default in the payment thereof may be imprisoned in the county jail for a term not exceeding 90 days. Every day that such violation continues shall be deemed to be a separate offense.
Except as otherwise provided by this chapter or by this Code, the Swimming Pool Code of New Jersey (1970) shall be applicable to all pools regulated under this chapter.