[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Editor's Note: This ordinance also superseded former Ch. 256, Swimming Pools, of the 2003 Code, adopted 5-28-1974 by Ord.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:
PORTABLE SWIMMING POOL
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.
SWIMMING POOL
A structure capable of containing water for the recreational use of swimming or bathing.
WADING POOL
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.
A. 
An application for a permit to construct a swimming pool as defined in § 256-1 shall be made to the Building Inspector and shall include final plans, specifications and reports as may be required and essentially comprised of the data required in Subsection B.
B. 
Information required.
(1) 
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) 
Pool layout, construction and dimensions, including piping arrangement, pumps and all other pool appurtenances.
(3) 
Details and specification for water treatment units with operating instructions.
(4) 
Details of disposal facilities for filter wastewater and provisions for emptying of the pool.
(5) 
Specifications for construction of the pool.
(6) 
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]
[1]
Editor's Note: See Ch. 132, Construction Codes, Uniform.
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. 
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. 
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. 
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. 
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. 
Use of the pool is to be for a single private family and the owner's social guests.
F. 
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. 
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. 
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. 
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. 
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.
K. 
A bathhouse is not required. Any such construction, including a screened enclosure, shall conform to accessory building construction regulations defined and governed Chapter 132, Construction Codes, Uniform, and Chapter 290, Zoning.
L. 
Police and health officers shall have the right to inspect the pool area.
M. 
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. 
All swimming pools shall be constructed having sides and bottom of material impervious to water.
A. 
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.
B. 
Every aboveground pool shall comply with the provisions of this chapter, with the exception of § 256-5C and F above.
C. 
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.