Unless stated otherwise, each of the following
regulations applies to all residential districts.
The following uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, subject to the standards set forth in §
162-61:
A. Religious uses such as churches, including Sunday
school and related religious education and training and a dwelling
auxiliary to any such religious use upon the same or contiguous lot.
B. Philanthropic and educational uses, including public,
private or parochial schools and colleges, but not including a business
or trade school or any form of correctional or rehabilatory-type institutions,
including but not limited to a halfway house or drug or alcohol treatment
center.
C. Municipal or community playgrounds, recreational centers
or parks, provided such centers are not carried on for profit and
are not accompanied by or incidental to a principal activity customarily
carried on for profit.
D. Home occupation and professional office, provided
the operator lives on the premises and there shall be no public display
of goods or sale of merchandise on the premises.
No building shall exceed 35 feet in height from
the lowest point of grade to highest part of the building, except
chimneys, spires, elevator shafts, tanks, air-conditioning equipment
and similar projections of the building.
[Amended 5-14-1981 by Ord. No. 849, approved 5-14-1981; 10-7-1997 by Ord. No.
1043, approved 10-7-1997; 2-15-2000 by Ord. No. 1076, approved 2-15-2000; 5-13-2003 by Ord. No.
2009, approved 5-13-2003]
A private swimming pool shall be permitted as
an accessory use to a single-family residential dwelling (attached
or detached) use, provided that it meets the requirements of this
section.
A. Permit required.
(1) Except as otherwise set forth in this section, no
private swimming pool or appurtenances thereto shall be constructed,
installed, enlarged or altered until construction documents have been
submitted and a permit has been obtained from the Borough. Where required
and as applicable, the approval of all county and state authorities
having jurisdiction over the proposed private swimming pool shall
be obtained before applying to the Borough for a permit. Certified
copies of all such county and state approvals shall be filed as part
of the supporting data for the permit application.
(2) Design, construction and installation of all private
swimming pools shall comply with this section and all other rules,
regulations, ordinances and codes of the Borough.
(3) Construction documents shall accurately show dimensions
and construction of the private swimming pool and appurtenances and
properly established distances to lot lines, buildings, walks and
the surrounding enclosure as well as details of the drainage and water
disposal systems.
B. Definitions. As used in this section, the following
words shall have the meanings set forth below.
ABOVEGROUND SWIMMING POOL
An aboveground swimming pool shall mean any private swimming
pool designed to be constructed or installed and constructed or installed
above the existing grade, not including any minor excavation required
for leveling.
ENCLOSURE
A fence, wall, building wall, wall of an aboveground swimming
pool or a combination thereof that serves to completely surround the
private swimming pool and obstruct or prohibit access to the private
swimming pool.
INDOOR PRIVATE SWIMMING POOL
An indoor private swimming pool shall mean any private swimming
pool that is totally contained within a residential dwelling or structure
accessory to a dwelling and surrounded on all four sides by walls
of said structure and covered by a roof.
IN-GROUND SWIMMING POOL
An in-ground swimming pool shall mean any private swimming
pool designed to be constructed or installed and constructed or installed
below the existing grade.
POWER SAFETY COVER
A pool cover that is placed over the water area of a private
swimming pool and is opened and closed with a motorized mechanism
by a control switch.
C. Dimensional requirements.
(1) All private swimming pools shall be constructed or
installed entirely within the rear yard of the lot.
(2) No private swimming pool shall be located closer than
10 feet to the residential dwelling.
(3) The interior wall of any private swimming pool shall
not be closer than six feet to any side or rear lot line nor closer
than 10 feet to any lot line abutting a street.
(4) Decking which extends outward from the interior wall
of any private swimming pool shall not be closer than six feet to
any side or rear lot line or closer than 10 feet to any lot line abutting
a street.
D. Enclosure requirements. Every person owning land upon
which there is located a private swimming pool shall erect and maintain
thereon an adequate enclosure surrounding the private swimming pool
area.
(1) Fences.
(a)
Fences serving as an enclosure shall be a minimum
height of 48 inches and maximum height of 72 inches above finished
grade, as measured on the side of the fence which faces away from
the private swimming pool.
(b)
The maximum vertical clearance between the finished
grade and the bottom of the fence shall not exceed two inches, as
measured on the side of the fence which faces away from the private
swimming pool. For an aboveground swimming pool, the fence may be
located on the ground or mounted on top of the aboveground private
swimming pool structure, and if mounted on top of the aboveground
private swimming pool structure, the vertical clearance between the
top of the aboveground private swimming pool structure and the bottom
of the fence shall not exceed four inches, as measured on the side
of the fence which faces away from the aboveground private swimming
pool.
(c)
Horizontal or vertical openings or spaces in
the fence shall not allow the passage of a four-inch diameter sphere.
(d)
For any fence composed of closely spaced horizontal
and vertical members where the distance between the tops of the horizontal
members is less than 45 inches, the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches in width. Where there are decorative
cutouts within vertical members, spacing within the cutouts shall
not exceed 1 3/4 inches in width.
(e)
For any fence composed of widely spaced horizontal
and vertical members where the distance between the tops of the horizontal
members is 45 inches or more, spacing between vertical members shall
not exceed four inches. Where there are decorative cutouts within
vertical members, spacing within the cutouts shall not exceed 1 3/4
inches in width.
(f)
For any fence composed of diagonal members,
the maximum opening formed by the diagonal members shall be no more
than 1 3/4 inches.
(g)
Maximum mesh size for chain link fences shall
be 2 1/4 inch square, unless the fence is provided with slats
fastened at the top or the bottom which reduce the openings to no
more than 1 3/4 inches.
(h)
Access gates shall comply with the requirements
applicable to the particular type of fence utilized and shall provide
a locking device. Pedestrian access gates which open directly to provide
access to the pool must open outwards away from the pool and be self-closing
with a self-latching device. Gates other than pedestrian access gates
which open directly to the pool shall have a self-latching device.
Where the release mechanism of the self-latching device is located
less than 54 inches from the bottom of the gate, the release mechanism
shall be located on the pool side of the gate at least three inches
below the top of the gate, and the gate and fence shall have no opening
greater than 1/2 inch within 18 inches of the release mechanism.
(2) Other enclosures.
(a)
Solid enclosures, such as a dwelling wall, which
do not have openings, shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry joints.
(b)
Where a wall of a dwelling serves as part of
the enclosure, one of the following shall apply:
[1]
Doors with direct access to the private swimming
pool through that wall shall be equipped with an alarm which produces
an audible warning when the door and its screen are opened. The alarm
shall sound continuously for a minimum of 30 seconds immediately after
the door is opened and be capable of being heard throughout the house
during normal household activities. The alarm shall automatically
reset under all conditions. The alarm shall be equipped with a manual
means to temporarily deactivate the alarm for a single opening. Such
deactivation shall last no more than 15 seconds. The deactivation
switch shall be located at least 54 inches above the threshold of
the door;
[2]
The private swimming pool shall be equipped
with a power safety cover, which complies with ASTM F 1346, or
[3]
Other means of protection, such as self-closing
doors with self-latching devices, which are approved by the Borough,
shall be accepted so long as the degree of protection afforded is
not less than the protection afforded by the above sections.
(c)
Where part of an aboveground swimming pool structure
is used as an enclosure or where the enclosure is mounted on top of
the aboveground pool structure, and the means of access is a ladder
or steps, then the ladder or steps shall be capable of being secured,
locked or removed to prevent access, or the ladder or steps shall
be surrounded by a enclosure which meets the requirements of this
section. When the ladder or steps are secured, locked, or removed,
any opening created shall not allow the passage of a four-inch diameter
sphere.
(3) All enclosures shall be located, constructed and installed
so as to prohibit permanent structures, equipment or similar objects
from being used to climb the enclosure to gain access to the private
swimming pool.
E. Drainage requirements. All private swimming pools
and equipment shall be equipped to be emptied completely of water.
All discharged water shall be disposed of in a manner approved by
the Borough. In all cases the drainage method must comply with all
Borough health and safety requirements and shall not create a nuisance
to adjoining properties or the public in general.
F. Applicability/penalties/exceptions.
(1) The requirements of this section shall be applicable
to all private swimming pools constructed on or after the effective
date of this section and shall be applicable to all existing private
swimming pools 90 days after the effective date of this section.
(2) Any person who has an existing private swimming pool
who is cited by the Borough for noncompliance with the provisions
of this section shall be granted a sixty-day grace period (from the
date of the citation) to make any required changes to comply with
the provisions of this section.
(3) Any person who fails to comply with this section,
upon being found liable therefor in a civil enforcement proceeding,
shall pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Borough. Each day that a
violation continues shall constitute a separate violation.
(4) The provisions of this section shall not be applicable
to:
(a)
Any private swimming pool without a permanent
water recirculating system and which does not involve structural materials
and which:
[1]
Is less than 24 inches deep; or
[2]
Has a surface area less than 100 square feet.
(b)
A stand-alone, prefabricated (delivered to the
property partially or totally assembled) spa or hot tub having an
approved safety cover.
(c)
Fixtures which are under 30 inches in depth
and drained after each use.
(d)
Indoor private swimming pools, when constructed or integrated within the residential dwelling, except that such indoor private swimming pool shall comply with one of the requirements of Subsection
D(2)(b), above.