For the purposes of the chapter, the words and phrases listed below shall be defined as follows:
PERMANENT PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his or her family or guests, for swimming, diving and other aquatic sports and recreation. "Permanent private swimming pool" shall not mean any plastic, canvas or rubber pool upon the ground having a capacity of less than 500 gallons of water and temporarily erected or installed upon the ground.
PERSON
Any individual, firm or corporation having an interest in the premises which a private swimming pool or wading pool is located as owner, tenant, occupant or the agent, servant or employee of such owner, tenant or occupant.
WADING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his or her family or guests, but not designed for swimming and diving and having a capacity of less than 500 gallons of water.
[Amended 12-6-1999 by Ord. No. 99-14]
Permanent private swimming pools constructed prior to the passage of this chapter shall be exempt from the following provisions of this chapter unless alteration of facilities is sought:
A.
Sections
185-3 and
185-4 pertaining to application for permits for new construction.
B.
Section
185-6A pertaining to location of pools.
No private swimming pool shall hereafter be constructed, installed or maintained without having first obtained a permit therefor in the manner hereinafter described from the Construction Code Official.
[Amended 12-6-1999 by Ord. No. 99-14]
All private permanent pools shall be so constructed as to comply with all applicable provisions of the Uniform Construction Codes, Chapter
215, Zoning, health regulations and other pertinent regulations, ordinances and codes of the Borough of Pennington.
[Amended 6-1-2016 by Ord. No. 2016-6]
A.
Location.
(1)
Private swimming pools, wading pools and hot tubs shall be erected in the rear yard only.
(2)
No private swimming pool or wading pool shall be larger in area than 50% of the rear yard and in no case shall a pool be constructed less than 15 feet from any property line.
B.
Construction.
(1)
All materials used in the construction of private swimming pools shall be watertight and so designed and constructed as to facilitate the emptying and cleaning of such pools, and they shall be so maintained and operated as to be clean and sanitary at all times. The bottom and sides of the pool shall be so maintained and operated as to be clean and sanitary at all times. The bottom and sides of the pool shall be a white or light color but no aluminum paint may be used as a finish. Sand or earth bottom shall not be permitted. Pools shall be so constructed as to be leakproof.
(2)
Upon completion, each permanent private swimming pool shall be considered as an accessory building on the premises on which it is located.
(3)
No plot or premises on which a permanent private swimming pool is located as an accessory building shall be subdivided if the result will be that the said pool will be separated from the residence property to which it originally attached.
(4)
Cabanas or similar structures shall not be erected to a height in excess of one story.
[Amended 12-6-1999 by Ord. No. 99-14]
Any person who violates or neglects to comply with any provision of this chapter or notice issue pursuant thereto shall, upon conviction thereof, be liable to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each successive day during which the violation exists shall constitute a separate violation.