[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 25 of the 1973 Code of Ordinances. Sections 229-1, 229-11, 229-12A,
229-18A, 229-20, 229-21 and 229-22 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
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.[1] 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:
Building or installing a new private swimming pool or enlarging or
altering an existing private swimming pool or any of its facilities or accessories.
All private swimming pools so constructed, built, erected or installed
as to remain in place continuously or intended to be left in place continuously.
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.
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:
The property lines of the premises and all existing houses and structures
thereon.
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.
Setback of the pool from all property lines.
Sources of water for the pool.
The method of drainage of the pool.
The Tax Map sheet and block number.
The name of the owner.
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.
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:
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:
A.
[1]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.
(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.
It shall be unlawful to use or maintain a permanent private swimming
pool at any time without first obtaining a certificate of compliance as provided
in § 229-12.
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.
Any accessory buildings that are to be constructed must comply with
that portion of Chapter 310, Zoning, pertaining to accessory buildings.
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.[1]
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.
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.
It shall be the duty of the Construction Official and Sanitary Inspector
to enforce the provisions of this Article.
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.[2]
