Township of Long Beach, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Long Beach 11-5-2018 by Ord. No. 18-33C.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Beach dune areas — See Ch. 51, Art. I.
Building construction — See Ch. 64.
Fees, licenses, bonds and permits — See Ch. 82.
Flood damage prevention — See Ch. 94.
Zoning — See Ch. 205.
[1]
Editor's Note: This ordinance also repealed former Ch. 180, Swimming Pools and Hot Tubs, adopted 5-19-1989 by Ord. No. 89-26C, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
HOT TUB
A large tub or container filled with water, typically hot, and typically aerated water used for personal recreation, physical therapy, relaxation, and/or soaking. Includes constructed and purchased hot tubs, spas, Jacuzzi, and whirlpools.
SOLID AND FLOATABLE MATERIALS
Any sediment, debris, trash, and other floating, suspended, or settleable solids.
[Added 10-7-2019 by Ord. No. 19-22C]
SWIMMING POOL
Any manufactured, artificially constructed, or developed structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. Includes outdoor, above or below grade level swimming pools that are installed or constructed to provide recreational facilities for swimming, bathing, or wading.
[Amended 2-4-2019 by Ord. No. 19-03C]
A. 
Permit. A Construction Department permit shall be required for the installation and construction of any and all permanent and temporary swimming pools and hot tubs.
B. 
Application. All applications shall be filed on the form prescribed by the Construction Department and shall include the certification of an engineer licensed in the State of New Jersey setting forth and attaching the following information and documentation:
(1) 
The proposed construction complies in all respects with the Code, Federal Emergency Management Agency regulations, and the National Flood Insurance Program regulations.
(2) 
The certification of a licensed engineer and plans shall demonstrate that any structure exceeding 12 inches above the finished grade of the lot and intended to be utilized to support the swimming pool and/or hot tub is of sufficient strength to support the swimming pool and/or hot tub when filled with water and occupants.
(a) 
The certification and plans shall further demonstrate that the pilings are of sufficient length and depth in the ground to support the swimming pool in the event of a 100-year-storm flood washout, as that term is defined in the National Flood Insurance Program regulations.
(b) 
The certification and plans shall further demonstrate that the swimming pool and/or hot tub is sufficiently firmly affixed to the structure and supporting members to prevent its flotation in the event of floodwaters rising around the swimming pool and/or hot tub when it is not filled with water.
(3) 
The certification of a licensed engineer and a complete set of structural plans shall demonstrate that all supporting structural members to be utilized to support a rooftop pool and/or hot tub are of sufficient strength, size, and location to support the overall combined concentrated loads of the pool and/or hot tub when filled with water and occupants.
(4) 
The certification of the licensed engineer shall certify that the installation of the swimming pool shall not result in any increased potential for flood damage and, when the swimming pool is to be located in the beach dune area, that the disturbance of the dune shall not result in an increased potential for flood damage during the 100-year flood as defined by the National Flood Insurance Program regulations or any lesser flood.
(5) 
A survey performed and prepared by a licensed land surveyor depicting the location of the proposed swimming pool, all buildings, fences, pavers, and any and all other improvements on the lot on which the swimming pool is proposed. The survey shall also depict all existing and proposed grade elevations, drainage paths to guide any water away from adjacent properties, and the location of all overhead wires on the property.
C. 
Application fee. See § 82-10 for fees.
[Amended 6-1-2020 by Ord. No. 20-15C]
D. 
The permit shall not be required for the following:
(1) 
An aboveground vinyl-lined swimming pool not exceeding four feet in depth and not exceeding a capacity of 3,000 gallons of fresh water.
(2) 
An aboveground hot tub having a capacity not in excess of 600 gallons and installed in the yard or on a platform not exceeding 12 inches above the finished grade of the lot.
A. 
Impervious coverage. All swimming pools, coping, deck, pavers, concrete, wood, and other material relating to the construction of a swimming pool shall count as "impervious lot coverage" pursuant to § 205-56.
B. 
Prohibited swimming pools and hot tubs. No swimming pool or hot tub shall be permitted that will be located in or result in the following:
(1) 
If it increases the potential for flood damage to the property on which it is located or adjacent properties.
(2) 
Is located within any setback lines on the property as required by Chapter 205, with the following exception: no in-ground swimming pool located less than five feet from a principal structure on a lot or within the approved building envelope shall be permitted unless certified by a New Jersey licensed professional engineer or architect.
(3) 
Is located in such location that any overhead electrical wires cross over the swimming pool, with the following exceptions: no in-ground swimming pool located less than five feet from a principal structure on a lot or within the approved building envelope shall be permitted unless certified by a New Jersey licensed professional engineer or architect.
(4) 
Is located with the highest point of its coping higher than one foot above the average level of the lot measured five feet away from the highest point of the coping. If the said highest point of the coping exceeds by a height of one foot the average level of the lot measured five feet from the highest point of the coping, the swimming pool may not be constructed without the area of the swimming pool and of the deck, pavers, concrete, wood, or other material and the coping being counted in lot coverage for purposes of calculating lot coverage pursuant to the Code.
(5) 
Is located on any roof deck, and, therefore, exceeds the maximum building height as required by Chapter 205.
(6) 
No hot tub shall be installed on any deck or roof deck closer than three feet to any guardrail.
C. 
Fences. Fences shall be required to surround the perimeter of all swimming pools and adjacent walk and shall be a chain-link-type or comparable type fence that will provide an unobstructed view of the enclosed area and it shall be equipped with a self-locking gate. The height of the fence shall be not less than four feet and shall not exceed the height permitted by Chapter 205. The fence shall enclose the swimming pool and deck or patio which surrounds the swimming pool, if any.
D. 
Dewatering. A minimum of 48 hours prior to the start of pumping for dewatering of any permanent or temporary swimming pool, notice to the Construction Department shall be required.
(1) 
All dewater pumping for swimming pools, including excavation and seasonal draining, shall be completed within 15 days from the start of pumping.
(2) 
Between June 15 and September 15 of any calendar year, a maximum of 10 working days shall be permitted for dewatering an in-ground swimming pool.
(3) 
All groundwater discharge shall be conveyed through hoses to an approved storm drain inlet. The drainage hose shall be continuous from the pump to the storm drain inlet. A protection member (silt bag) shall be connected to the end of the hose to prevent the passage of all solid and floatable materials into the storm drain inlet.
[Added 10-7-2019 by Ord. No. 19-22C]
(a) 
Any dewatering hose crossing Ocean Boulevard, Beach Avenue, or Atlantic Avenue shall be approved by the Police Department.
A. 
Beach dune area swimming pools and hot tubs. Swimming pools and hot tubs constructed in beach dune area shall not be attached to any structure. Any swimming pool and/or hot tub to be constructed in the beach dune area, as that area is defined in Chapter 51, or in any area designated on the Federal Insurance Rate Map as any V Zone shall have the bottom of its lowest supporting girders meet or exceed the base flood elevation as established on such Federal Insurance Rate Map. Construction of the supporting girders and pilings shall meet the construction standards and piling requirements set forth in Chapter 64 and shall further meet all construction and elevation standards set forth in Chapter 94. The pilings shall comply with the requirements set forth in Chapter 64 and shall be so placed and affixed at the lowest exterior level of the swimming pool or hot tub bowl that, in the event all sand is washed out from under the swimming pool or hot tub structure, it shall remain fully supported by the pilings and supporting girders and in the event of floodwaters rising above the bottom of the swimming pool or hot tub, flotation of the swimming pool or hut tub structure, even when empty, shall not occur. Any swimming pool or hot tub constructed adjacent to or into an elevated deck shall be structurally independent of the building, adjacent decking, and building foundation.
[Amended 6-3-2019 by Ord. No. 19-14C]
B. 
Excavations, footings, and foundations in flood zones. Any swimming pool to be constructed in the area designated as the A and AO Zones on the Federal Insurance Rate Map shall be constructed in such manner as to be supported by pilings that comply with the requirements set forth in Chapter 64. The pilings shall be placed and affixed so that for concrete swimming pools they are located at the lowest exterior level of the swimming pool bowl and for fiberglass swimming pools in such manner as approved by the Construction Department that in the event all of the sand is washed out from under the swimming pool structure, it shall remain fully supported, and in the event of floodwaters rising above the bottom of the swimming pool, floatation of the swimming pool structure shall not occur.
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.