[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence 5-29-1973 by Ord. No. 73-7 (Ch. 25 of the 1973 Code of Ordinances). Amendments noted where applicable.]
[Amended 12-27-1990 by Ord. No. 90-14]
It shall be unlawful for any person to establish, construct, maintain, use or permit to be used any swimming pool, bathing beach or bathing establishment in the Borough unless he first obtains a permit therefor from the Mayor and Council and from the Board of Health in the manner provided in this article, and, in addition, the sites of the same shall be in accordance with Chapter 310, Zoning. However, the provisions of this article shall not apply to the construction, maintenance or use of a private swimming pool constructed for personal use only upon the owner's residence property.
A. 
Application for a permit shall be made to the Board of Health of the Borough in the manner provided by Chapter 337, Swimming Pools, Public.
B. 
At the time such application is made, there shall be submitted to the Planning Board for approval five copies of a plot plan, drawn to scale, which shall clearly disclose the location of such bathing facilities, as well as all structures and appurtenant facilities, which the applicant proposes to erect or install upon the premises. Such plan shall likewise disclose the location of parking facilities, fencing, landscaping, sanitary facilities and the like. In considering approval of the plot plan, the Planning Board shall determine whether such swimming pool or bathing area is appropriate to the area in which it is proposed to locate the same and whether property values shall be diminished by such use. If it is determined that such use is appropriate to such area and that property values will not be diminished by reason thereof, then and in that event such use shall be considered an accessory use, within the meaning of Chapter 310, Zoning, and as such shall be permitted in any zone designated upon the Zoning Map. The Planning Board shall make its recommendation, in writing, to the Mayor and Council within 60 days from the time the plan is submitted, whereupon the Mayor and Council shall consider such plan and the recommendations of the Planning Board and, if such plan is approved, shall direct the Borough Clerk to issue a permit with respect thereto.
No swimming pool, bathing beach or bathing establishment shall be operated for profit, directly or indirectly, nor shall any business activity be carried on upon the premises. Such establishment shall be operated only by a chartered organization or corporation, upon a private membership club plan, with membership limited to persons residing within a radius of five miles of such establishment. Such establishments may also be owned, operated or maintained by the Borough or any authorized agency thereof.
In the event that the use of such establishment is abandoned, the permittee shall, within six months thereafter, cause all structures and facilities to be removed and shall cause any tank-type pool to be filled with clean earth so that the premises will, as nearly as possible, be restored to the original condition as vacant land. Failure to operate or use bathing facilities for a period of one year shall constitute abandonment within the meaning of this section, unless the failure results from action or permission of any lawful authority.
The number of persons permitted on the premises at any one time shall not be greater than one person for every 150 square feet of area of the lot or lots of which the premises consist, including structures. Special permission to exceed the limits provided in this section may be granted by issuance of a one-day permit, upon application to the Mayor and Council.
Before water is permitted to flow into the pool or bathing facilities for the purpose of initial test or use, the permittee shall construct a permanent fence of durable materials, at least five feet above ground. The fence shall completely enclose the bathing facilities. All swimming facilities shall be located at least 200 feet from all boundary lines of the premises, unless the plot plan justifies a lesser distance in the judgment of the Mayor and Council. The fence shall be provided with entrance gates, which shall be kept securely locked at all hours when the bathing facilities are not in operation. The permittee shall also provide suitable landscaping and screening and shall provide adequate off-street parking facilities.
A bathing establishment shall be open for use only during the following hours: On weekdays, Saturdays and holidays, from 9:00 a.m. to 9:00 p.m.; on Sundays, from 12:00 noon to 9:00 p.m.
Boisterous or rough play, except supervised sports, is hereby prohibited upon any portion of the premises. No public-address or loudspeaker system shall be used at any time upon or near the premises unless special permission is granted by the Mayor and Council. No intoxicated person shall be permitted to use the facilities, nor shall any intoxicants be brought upon the premises.
For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CONSTRUCTION
Building or installing a new private swimming pool or enlarging or altering an existing private swimming pool or any of its facilities or accessories.
PERMANENT PRIVATE SWIMMING POOL
All private swimming pools so constructed, built, erected or installed as to remain in place continuously or intended to be left in place continuously.
PRIVATE SWIMMING POOL
All artificially confined bodies of water used or intended to be used for swimming primarily by the owner or occupant and his family of the property on which such pool is to be situated and containing in excess of 100 cubic feet of water.
SKETCH PLAT
A sketch map of the property on which a private swimming pool is to be situated and shall be based on Tax Map information or some other similarly accurate basis (at scale preferably not more than 400 feet to the inch) to enable the entire property to be shown on one sheet. It shall show and include the following information:
A. 
The property lines of the premises and all existing houses and structures thereon.
B. 
The location and dimensions of the proposed or existing swimming pool and all of its auxiliary structures or accessories, including proposed or existing fences, barriers or walls, indicating the height thereof and all openings therein.
C. 
Setback of the pool from all property lines.
D. 
Sources of water for the pool.
E. 
The method of drainage of the pool.
F. 
The Tax Map sheet and block number.
G. 
The name of the owner.
TEMPORARY PRIVATE SWIMMING POOL
All private swimming pools not within the definition of "permanent private swimming pools."
It shall be unlawful to construct, erect, install, enlarge, maintain or alter a private swimming pool as defined in § 229-9 without first obtaining a formal permit as provided in this article.
[Amended 12-27-1990 by Ord. No. 90-14]
A. 
Permanent private swimming pool. Application for a permit to construct, erect, install, enlarge or alter a permanent private swimming pool shall be made to the Construction Official of the Borough by the owner of the property and shall be accompanied by the following:
(1) 
Two copies of sketch plat.
(2) 
One set of construction plans and specifications.
(3) 
Approval by the Sanitary Inspector of the Borough, evidenced by a certification thereof on the sketch plat.
(4) 
The fee as provided in § 229-13.
B. 
Temporary private swimming pool. Application for a permit to construct, erect, install, enlarge or alter a temporary private swimming pool shall be made to the Construction Official and shall be accompanied by the following:
(1) 
Two copies of sketch plat.
(2) 
One set of plans and specifications which may be utilized for subsequent permits relating to the same pool.
(3) 
The fee as provided in § 229-13.
A. 
Permanent private swimming pool. The permit for the permanent private swimming pool shall be valid for a period of 90 days from the date of its issuance unless extended in writing by the Construction Official for a period not to exceed an additional 90 days.
[Amended 12-27-1990 by Ord. No. 90-14]
(1) 
Upon completion of all required construction work within the period aforesaid, the Construction Official is authorized to issue a certificate of compliance evidencing compliance with this article.
(2) 
The certificate of compliance, when issued, shall be valid for such period as the private swimming pool for which it is issued is maintained and used in a manner and condition as prescribed by the provisions hereof, and such certificate of compliance may be revoked by the Construction Official upon the failure of the owner or occupant to maintain the permanent private swimming pool pursuant to the terms of this article.
B. 
Temporary swimming pool. The permit for a temporary private swimming pool shall expire in October of the calendar year in which issued and thereupon the pool covered by such permit shall be disassembled or removed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The fee for a permanent private swimming pool shall be governed by the fees established in the Building Code of the Borough according to the cost of construction.
All material used in the construction of private swimming pools shall be so designed and constructed as to facilitate emptying and cleaning, and all pools shall be maintained and operated in such manner as to be clean and sanitary at all times. Draining of any pool may be accomplished by permitting the water to flow over the ground, provided that it is confined to the owner's property, or by temporary lines to the street gutter or other public drainage facility, except that in no case may the sanitary sewer system be used for such purpose.
A. 
A private swimming pool shall be located only in the rear yard of an existing residence building and shall be located in that portion of the rear yard directly behind the main building but not extending more than 15 feet beyond the extension of the side line of the main building and shall not be constructed or installed within 10 feet of any side yard or rear yard line.
B. 
In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the prevailing setback line on that street or the required setback line for front yards as set forth in Chapter 310, Zoning.
C. 
A private swimming pool shall not be constructed or installed on any premises unless a residence building is also located on such premises or unless such premises are part of a residence curtilage.
D. 
A private swimming pool shall be located no closer to a neighboring main building than to the main building to which it is accessory.
A. 
All private swimming pools now existing or hereafter constructed, installed, established or enlarged or used or maintained shall be enclosed by a permanent fence or a barrier of durable material at least four feet in height and shall be so constructed as not to have openings, holes or gaps larger than three inches in the smaller dimension. All gates used in conjunction with the fence or barrier shall meet the same specifications as the fence or barrier itself and, in addition, shall be equipped with approved locking devices, which shall be self-closing. Such gates shall be locked at all times when the swimming pool is not in use. The walls of such pools shall not be considered as constituting an acceptable fence or barrier.
[Amended 12-27-1990 by Ord. No. 90-14]
B. 
All temporary private swimming pools, unless enclosed by a fence or barrier of the type and dimension specified in this section, shall be emptied when not in use or unattended or shall be covered with a suitable strong protective cover, securely fastened or locked in place when not in use or unattended. The walls of such temporary private swimming pool shall not be considered as constituting an acceptable fence or barrier.
No artificial lighting shall be maintained or operated in connection with a private swimming pool in such a manner as to be a nuisance or an annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
[Amended 12-27-1990 by Ord. No. 90-14]
Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any private swimming pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which such pool is located upon receipt of notice from the Construction Official or Sanitary Inspector of the Borough.
[Amended 12-27-1990 by Ord. No. 90-14]
It shall be the duty of the Construction Official and Sanitary Inspector to enforce the provisions of this article.
[Amended 12-27-1990 by Ord. No. 90-14]
The owner or operator of any pool within the Borough shall allow the Construction Official and the Sanitary Inspector or other authorized official access to any private swimming pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this article and all other pertinent Borough ordinances, at all reasonable times.[1]
[1]
Editor's Note: Original Art. IV, Neighborhood Swimming Pools, which immediately followed this section, was repealed 12-27-1990 by Ord. No. 90-14.