[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.
Any above-surface-type pool of more than one-hundred-cubic-foot
capacity, not stationary or fixed and capable of being removed for
storage.
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.
A.
Construction and maintenance.
(1)
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.
(2)
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.
B.
Accessory buildings. Any accessory buildings that
are to be constructed must comply with that portion of the Zoning
Ordinance pertaining to accessory buildings.[1] 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.
A.
Water use closure.
(1)
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.
(2)
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.
B.
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.
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.
B.
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.
D.
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.
A.
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.
B.
Procedure for hearing and relief.
(1)
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)
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]
(b)
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]
(c)
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.
(d)
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.
(2)
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.
(3)
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.
A.
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.
B.
Lighting.
(1)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
