[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 7-24-1984 by Ord. No. 852;[1] amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Subsequent amendments noted where
applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 256,
Swimming Pools, of the 2003 Code, adopted 5-28-1974 by Ord. No. 628
(Ch. 113 of the 1966 Code), which had originally been adopted 6-13-1957
by the Board of Health.
As used in this chapter, the following terms
shall have the meanings indicated:
One as defined in the definition of "swimming pool" and which
is removable for storage and which rests upon the ground level without
excavation required, except for the purpose of leveling the earth
upon which it rests.
A structure capable of containing water for the recreational
use of swimming or bathing.
One as defined in the definition of "portable swimming pool"
but which is not greater than 15 inches in height and not greater
than eight feet in diameter or length. The terms and provisions of
this chapter do not apply to a wading pool as so defined herein or
a pool entirely constructed within a residential building.
B.Â
Information required.
(1)Â
A detailed plot plan of the entire property showing
existing buildings and proposed pool drawn to scale, with pertinent
dimensions and grade elevations shown in figures at pool, building
and property lines. The plot plan shall be signed by the owner or
his agent or a duly licensed engineer or registered architect or land
surveyor of New Jersey.
(2)Â
Pool layout, construction and dimensions, including
piping arrangement, pumps and all other pool appurtenances.
(3)Â
Details and specification for water treatment units
with operating instructions.
(4)Â
Details of disposal facilities for filter wastewater
and provisions for emptying of the pool.
(5)Â
Specifications for construction of the pool.
(6)Â
Fence layout and specifications.
Upon compliance with all provisions of this
chapter and upon approval by the Building Inspector of the final plans,
specifications and reports, together with the data contained therein,
a permit shall be issued for the location and construction so requested
upon payment of the fee required by the Building Code of the Borough.[1]
A swimming pool shall not be located and constructed or altered
by any person until a building permit for it has been issued by the
Building Inspector, and it shall be subject to the following provisions.
A.Â
The pool shall be suitably designed and located so
as not to become a nuisance or hazard to adjacent property owners
or the public.
B.Â
A swimming pool shall be located behind the front
setback line and not closer than 10 feet from either side line or
five feet from the rear property line, but in no event shall it be
located between the setback line of a residence and a street curbline.
C.Â
Surface area of the water shall not exceed 50% of
the rear yard area. The highest surface water level shall not be higher
than 12 inches above the preexisting grade.
D.Â
The pool area shall be completely enclosed with a
chain-link fence or equal of durable construction with self-closing
and self-latching gates. The fence shall be not less than four feet
in height; except, however, that fencing for swimming pools located
solely within the rear yard areas may be to a height of six feet.
Every gate of such fence shall be kept securely latched at all times
except during ingress and egress. Every gate of such fence shall be
kept padlocked at all times when the pool is not in use, whether covered
or uncovered. Such fence is required to be erected and maintained
as soon as water is placed in the pool opening, whether the pool is
completed or not. A temporary fence is permitted for no more than
30 days from the time water is initially introduced to the pool.
E.Â
Use of the pool is to be for a single private family
and the owner's social guests.
F.Â
The immediate area surrounding the pool shall be designed
to slope away from the pool so that all surface water will drain away
from the pool and in such a way that it will not adversely affect
the natural existing flow of water across abutting properties.
G.Â
Swimming pool water shall be filtered and chemically
treated. One complete recirculation of the entire volume of pool water
through the filter system is required daily during the swimming season.
Every private swimming pool shall be equipped with a pressure sand
filter, a diatomaceous filter or an approved equal. The filter shall
have sufficient capacity to provide a complete recirculation of the
pool water in 18 hours or less.
H.Â
Filters shall be located below ground or in an enclosure
not to exceed eight feet in height, suitably screened from adjacent
property and not closer than two feet to a property line.
I.Â
Provision shall be made for drainage of the pool and
for backwash water disposal. Effluent may be used upon or in lawns,
fields, woods or dry wells, provided that it does not overflow onto
property belonging to others or onto the public streets. Water emptied
into brooks shall have a minimum one-part-per-million chlorine residual.
Permission for the use of the storm sewer or sanitary sewer may be
obtained from the Borough Engineer upon written application and approval,
provided that the applicant agrees to regulations and recurring charges
established by the Municipal Services Department.
J.Â
A cross-connection between the pool and public water
system shall not be permitted. A fill pipe, if used, shall be a minimum
of two pipe diameters above the rim of the pool. A fill line is not
required, and the pool may be filled with a hose.
L.Â
Police and health officers shall have the right to
inspect the pool area.
M.Â
No floodlights or lights shall be maintained in such
a manner that the source of light is visible from a public street
or neighboring property.
N.Â
All swimming pools shall be constructed having sides
and bottom of material impervious to water.
A.Â
An "aboveground pool" shall mean any above-surface-type
pool which exceeds either 15 inches in depth or eight feet in diameter
or length that is capable of being readily removed from storage. Any
pool of less depth or less dimension shall be considered a wading
pool and shall not be governed by this chapter.
C.Â
The greatest dimension of any aboveground pool exclusive of ladders, slides or diving boards shall not exceed 48 inches in height nor 24 feet in length, width or diameter. Aboveground pools will be fenced in accordance with § 256-5D. Pool walls, however, shall be considered adequate fencing where they meet or exceed the height requirements of a fence except that where there is access to a pool from an area other than the ground, such as a deck, stairs or ladder, the area of access shall be fenced or a gate shall be provided which shall be padlocked at all times when the pool is not in use, whether covered or uncovered.
The Land Use Board shall hear an appeal from a denial of a permit
sought under the terms and provisions of this chapter and grant relief
from the terms thereof in specific cases consistent with health, welfare
and public safety. However, when any question of sanitation is involved,
relief may be allowed only if the same is also recommended by resolution
of the Board of Health and it has been thereby determined and declared
that such relief will not be harmful to the public health.