[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71. Amendments
noted where applicable.]
For the purposes of this Article, the terms
used herein are defined as follows:
Any above-surface type of swimming pool constructed of canvas,
rubber, plastic or other material, not designed or intended to be
stationary or permanently fixed but designed and intended to be removed
and stored.
Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land or an above-surface pool having a depth of
more than 24 inches and, in each case, a surface area exceeding 100
square feet designed, used and maintained for swimming or bathing
purposes by an individual for use by member of his household and guests
and located on his land as an accessory use to a residence, including
all buildings, structures, equipment and appurtenances thereto.
Any shallow pool not falling within the definition of private
swimming pools.
No person shall establish, construct or alter
a private swimming pool unless he obtains a permit therefor in accordance
with this article and complies with the requirements of this article.
A.
Application for a permit to construct a private swimming
pool shall be made in writing to the Building Inspector.
B.
The applicant shall file with the application three
sets of plans, drawn to an acceptable scale, and three sets of specifications
which shall meet all the requirements of this article, the Zoning
Ordinance, Building code and Plumbing Code.[1]
C.
The plans and specifications should include the following:
(1)
Dimensions of pool with side and top elevations.
(2)
A plot plan showing property lines of the land upon
which the proposed pool is to be constructed and all existing houses
and structures, cesspools, septic tanks or subsurface sewer disposal
systems, distance of the pool from property lines and abutting streets.
(3)
A description of the method of disinfection, treatment,
filtering and the disposal of pool water and filter backwash water.
The applicant shall pay, upon filing an application
for a permit, a fee of $25 to defray the cost of processing the application
and of inspecting the site before and after issuance of the permit.
The fee shall not be refundable. No fee shall be charged for a portable
pool.
A.
The Building Inspector shall forward one set of plans,
specifications or other material submitted by the applicant to the
Health Officer for approval of disinfection, filtering and disposal
of filter backwash water and pool water.
B.
Upon such approval by the Health Officer and upon
compliance with the requirements of this Article, the Building Inspector
shall issue a permit.
A.
No swimming pool shall be constructed or installed
nearer to the street line on which the premises front than a line
10 feet to the rear of the building line established by ordinance,
or nearer than 10 feet to the rear property line, or nearer than 10
feet to any side property line or, in the case of a corner lot, nearer
than 10 feet to the street line.
B.
No private swimming pool or wading pool shall be constructed
or installed on any lot which is not part of a residential plot containing
a residential building. Pools and appurtenant equipment shall not
be permitted in the side yard between dwellings.
C.
The provisions of this section shall not apply to
swimming pools of a permanent nature which have been constructed prior
to the effective date of this chapter.
No source of water for a private swimming pool,
other than that secured from the Municipal Utilities Authority, shall
be used unless that source meets and continues to meet the Health
Officer's approval upon testing.
A.
Private swimming pool water recirculation system inlets
shall be located to produce, as far as possible, uniform circulation
of water throughout the pool without the existence of dead spots and
to carry pool bottom deposits to the outlets, and shall discharge
at a minimum depth of 10 inches below the pool overflow level.
B.
Present swimming pools shall be equipped with suitable
facilities for adding makeup water as needed. There shall be no physical
connection between the water supply line and the pool system. If the
makeup water is added directly to the pool, the outlet shall be at
least six inches above the upper rim of the pool.
A discharge drain shall be installed at the
deepest point of each private swimming pool to permit the pool to
be completely drained or emptied. Such drain shall not be over two
inches in diameter, of an approved material and extending from the
pool to a brook, storm sewer or other facility or location, provided
the same is approved by the Borough Engineer. In no case shall a pool
drain be connected to a sanitary sewer, nor shall such pool be drained
into a street. Pool water shall not be discharged into a storm sewer
unless approval is obtained from the Borough Engineer before such
discharge.
Each private swimming pool shall be constructed,
installed and maintained with equipment necessary for the chlorination
or other disinfection, filtration and recirculation of the pool water,
to comply with approved bacteriological standards promulgated by regulations
issued by the Department of Health or Health Officer of the borough
and the State Department of Health.
A.
No overhead wires carrying electrical current shall
cross private pools nor be located within 10 feet of such pools.
B.
All metal fences, enclosures or railings near or adjacent
to private swimming pools, which might become electrically alive as
a result of contact with broken overhead conductors or from any other
cause, shall be effectively grounded.
C.
Lights used to illuminate any private swimming pool
shall be arranged and shaded to reflect light away from adjoining
premises. No unshielded lights shall be permitted.
D.
Underwater lights may not be used in private swimming
pools unless they are of the low voltage type.
A.
Each private swimming pool of the permanent type,
now existing or hereafter constructed, installed, established or maintained,
shall be completely enclosed by a permanent fence or wall enclosure
of durable material four feet in height. The fence shall not have
openings, meshed holes or gaps larger than four inches in any dimension
and shall reasonably prevent any person from gaining access beneath
the fence. If a picket fence is erected or maintained, the spacing
between pickets shall not exceed four inches. A dwelling house or
accessory building may be used as part of such enclosure. All fence
openings or points of entry into the pool area enclosure shall be
equipped with self-closing and self-latching devices placed at the
top of the gate and made inaccessible to small children.
B.
Each private swimming pool of the portable type, now
existing or hereafter constructed, installed, established or maintained,
shall have the entire surface area closed over by a cover when not
in use. Such cover shall be constructed of a material of sufficient
strength to support 100 pounds at any one point. All covers shall
be constructed so as to reasonably prevent access to the pool by any
person other than the owner, members of his household and guests.
C.
Any access ladder or steps used with any above-surface
swimming pool, whether permanent or portable, shall be removed from
the pool when not in use.
A.
Private swimming pools shall be maintained in a clean
and sanitary condition. All equipment shall be maintained in a satisfactory
operating condition during periods that the pool is in use.
B.
Pools shall be maintained and operated so that the
use thereof shall not cause excessive noise which will result in the
annoyance, disturbance or discomfort of neighbors.
B.
Every private swimming pool in the borough shall at
all times comply with the requirements of all state and borough authorities
having jurisdiction in the premises.
C.
Any nuisance or hazard to health which may exist or
develop in or in consequence of or in connection with any such swimming
pool shall forthwith be abated and removed by the person in possession
or control of such pool upon receipt of notice from the Building Inspector,
Health Officer or other person or persons concerned with law enforcement
in the borough.
Any person who violates any provision of this
Article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
The provisions of this Article shall apply to
all existing or new pools unless otherwise indicated herein.
