[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 6-27-1972 by Ord. No. 72-9 as Ch. 13, Art. 6, of the Revised Ordinances of 1972. The validity of the source ordinance for this chapter (Ordinance No. 58-6, adopted 5-25-1958) was upheld in Mason v. Hillsdale Borough, 53 N.J. Super. 500 (Law Div. 1959). Subsequent to the publication of the opinion, the plaintiffs, residential property owners, abandoned the action. Amendments noted where applicable.]
Editor's Note: For statutory provisions regulating public swimming pools and places, see N.J.S.A. 26:4A-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
FENCE
A permanent barrier or obstruction not less than four feet nor more than 10 feet in height, so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial, self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate or gates when the pool is unattended or unguarded.[1]
PERSON
Any individual, firm or corporation having an interest in the lot or lots on which the swimming pool is located, as owner, tenant, occupant or the agent, servant or employee of such owner, tenant or occupant.
SWIMMING POOL
A body of water, artificially constructed in whole or in part, having at any point a depth of more than 18 inches below the ground or area surrounding it, and designed, established, constructed, maintained or used as an accessory use to a residence for private swimming, bathing or wading purposes of a person, the members of his or her household or their guests.
[1]
Editor's Note: The original definition of "Person," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
No person shall construct, maintain or use, or cause, suffer or permit to be constructed, maintained or used, a swimming pool on any lot or lots in the Borough, unless there shall be constructed and maintained a fence as defined in § 264-1 enclosing the area on which the swimming pool is located.
The gate or gates in the fence shall be kept closed at all times except when being used for ingress or egress, and shall be kept locked at all times when the swimming pool is unattended or unguarded.
[Added 9-4-2018 by Ord. No. 18-06]
A. 
Swimming pools on private property may be removed upon cessation of use. Pools may NOT be filled in or abandoned in place. A demolition permit is required for the removal of all pools, prior to the required removal and demolition work.
B. 
Permit Requirements shall be as follows:
(1) 
The pool shell must be removed, regardless of material type.
(2) 
The pool void shall be filled with crushed rock material (3/4" minimum size to 1 1/2" maximum size) for a minimum of 12" deep at the bottom and then clean fill, or other approved material shall be added on top to match adjacent grade level.
(3) 
All gas, water and sewer lines to the pool shall be securely capped off with an approved fitting (gas line is required to have a screw fitting).
(4) 
All electric pool equipment, including the breaker in the electrical panel underground wiring, conduit or other items, shall be removed.
(5) 
If a structure is to be constructed above or near the filled area, a geotechnical report/letter prepared by a soils engineer shall be required, in the discretion of the Construction Official.
C. 
Inspections.
Two inspections are required for pool removals. The in-progress inspection shall be scheduled during the demolition and removal process. Final inspection shall be scheduled after all work is completed and the site/soil is stabilized.