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.