[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-30-1974 by Ord. No. 250 as Ch. 98 of the 1974 Code of the Township of Lopatcong. Sections 207-9 and 207-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
A noncommercial swimming pool which is designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area except in conformity with the requirements of these regulations. A permit shall be required to locate, construct or maintain a noncommercial swimming pool.
Every noncommercial swimming pool shall be enclosed with a good quality chain link wire, wooden-enclosed fence, exclusive of snow fences, or other equivalent fence with open spaces no more than three inches, of not less than four feet nor more than six feet in height. Such fence shall have a self-closing locking-type gate, which is to be maintained in working order at all times and shall be located at least five feet from lot lines, except for aboveground pool structures where said structure and/or structure with attached topping fence and gate are at least four feet above the ground level and a removable ladder is attached only when the pool is occupied.
[Amended 9-3-1997 by Ord. No. 97-13]
Such pool shall be located not less than 15 feet from side and rear lot lines. This standard shall be considered a zoning standard irrespective of the adoption or amendment of the Zoning Ordinance from time to time, and the Board of Adjustment shall have authority to grant variances herefrom in accord with the standards contained in N.J.S.A. 40:55D-70c.
Such pool shall not occupy more than 25% of the rear yard area, excluding all private garages or other accessory buildings or structures.
No permit shall be granted for the installation or construction of such swimming pool unless the plans shall meet the minimum construction requirements of the Township[1] and the Building Inspector certifies that the drainage of such a pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.
No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such a pool is located.
No lighting or spotlighting shall be permitted which will shine directly beyond the bounds of the property or lot where such a pool is located.
[Amended 2-19-1992 by Ord. No. 1992-02; 6-5-1996 by Ord. No. 1996-09]
A zoning permit shall be secured from the Township Zoning Officer prior to application for a building permit from the Construction Officer. Effective January 1, 1996, the fee of $25 shall no longer be applicable. If anyone has paid the fee of $25 for the year 1996, it should be refunded accordingly.
[Amended 2-19-1992 by Ord. No. 1992-02]
Any person who shall violate any provision of this chapter shall, upon conviction thereof in a summary proceeding, be punishable by a fine of not in excess of $1,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days, or any combination thereof. Each day on which any condition or place shall be operated or maintained which is found to be a nuisance or menace to the public health and therefor in violation of this chapter shall be deemed a separate offense.
