[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 7-23-1957 by Ord. No. 355. Amendments noted where
applicable.]
For the purposes of this chapter, the words and phrases listed
below shall be defined as follows:
A pool composed entirely of artificial construction.
A pool formed from a natural body of water which has either
so limited a flow or such an inadequate size that the quantity or
quality of water must be maintained by artificial means.
Any pool designed, used and maintained for swimming purposes
by an individual for use by his household and guests and located on
a lot as an accessory use to a residence. Unless otherwise qualified,
the term "private swimming pool" shall be construed as including both
artificial and partly artificial pools.
Any artificially constructed wading pool, not designed or
used for swimming, with a maximum area of 120 square feet and a maximum
water depth of 24 inches.
It shall be unlawful to construct or establish a private swimming
pool or wading pool as herein defined without having obtained a permit
therefor in the manner hereinafter prescribed.
[Amended 5-22-1962 by Ord. No. 384]
Application for the construction and maintenance of a private swimming pool or wading pool shall be made to the Building Inspector by the owner of the property or by the contractor who will construct said pool. The application shall be accompanied by duplicate sets of plans, specifications, certified by a licensed engineer of the State of New Jersey, and plot plans of the property. The plot plans shall show the accurate location of the proposed pool on the property, together with any proposed bathhouses or cabanas, all existing structures, existing and proposed elevation, and shall be certified by a licensed land surveyor of the State of New Jersey. The plot plan shall also show the location, height and type of all existing fencing or walls on the boundary lines of the property, together with the type and height of such fencing or enclosure as may be required by § 67-8 of this chapter, to prevent, within reason, any person from gaining access beneath or through said fence when the pool is unguarded or unattended. A fee of $20 shall be paid to the Borough of Ho-Ho-Kus for such private swimming pool permit, which permit fee shall be exclusive of the permit fee required for erection of any accessory structure to be used in connection with such swimming pool. A fee of $10 shall be paid to the Borough of Ho-Ho-Kus for a wading pool permit as defined herein. No permit for a private swimming pool or wading pool shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Health Officer and Borough Engineer of the Borough of Ho-Ho-Kus, and such approval has been properly certified on the plans. Such approval must be directly obtained from the Health Officer and Borough Engineer by the applicant. All fees charged by the Borough Engineer for his services shall be paid by the applicant.
All material used in the construction of artificial private
swimming pools and wading pools as herein defined shall be waterproof
and easily cleaned. Construction and design of said pools shall be
such that same may be maintained and operated as to be clean and sanitary
at all times. The owners of every private swimming pool shall be responsible
for maintaining said pool in such condition as to prevent breaks in
the pool chassis or water from the pool overflowing into adjacent
property, private or public.
There shall be no physical connection between a potable public
or private water supply system and such private swimming pools or
wading pools at a point below the maximum waterline of the pool or
to a recirculating or heating system of said pool.
All private swimming pools hereinafter constructed within the
Borough of Ho-Ho-Kus shall be provided with one drainage outlet, not
in excess of three inches in diameter, extending from said pool to
either a brook, storm sewer or lawn sprinkling system on the premises
on which said private pool is located. The discharge of water from
such private swimming pools into a brook or storm sewer shall be permitted
only following approval by the proper state, county and/or municipal
officials, as the case requires. Approval of an application shall
only be given if it is feasible to discharge water from a pool into
an accessible brook or storm sewer or use such water for purposes
of lawn sprinkling on said premises. Approval shall not be given to
discharge in excess of 25 gallons per minute such water at the curb
or upon the surface of any Borough street.
A.
No private swimming pool or wading pool shall be erected nearer to
a street property line or nearer to a side or rear property line than
herein set forth for the respective zoning districts, as follows:
(1)
All residence districts. Street and lot line setbacks shall be in
accordance with the Zoning Ordinance of the Borough of Ho-Ho-Kus,
adopted September 22, 1953, "Area and Bulk Schedule for Residential
Districts — Detached Accessory Building Setbacks," as specified.[1]
B.
All private swimming pools and wading pools shall be considered as
structures in the determination of yard sizes and lot coverage.
All private swimming pools hereafter constructed or installed
within the Borough of Ho-Ho-Kus which are located 200 feet or less
from any property line of the lot or plot upon which the same is situated
shall be enclosed by a substantial fence, the height of which shall
be in accordance with the provisions relating to fences under the
relevant section of the Building Code of the Borough of Ho-Ho-Kus.[1] Said fence shall be so constructed as to prevent, within
reason, any person from gaining access beneath or through said fence
and shall have similarly substantial gates or doors, with facilities
for locking said gates or doors at all times when the pool is unguarded,
unattended or not in actual use. A sign reading "Private — No
Admittance" can, at the discretion of the owner, be placed on the
outside of all such gates or doors leading into such private swimming
pool. No provision contained within this section, however, shall be
applicable where a private swimming pool now existing or hereafter
constructed is located not less than 200 feet from the front property
line and where there is present on the side and rear lot lines a wall
or fencing, the height of which shall conform with the provisions
relating to fences under the relevant sections of the Building Code
and which shall be so constructed as to prevent, within reason, any
person from gaining access beneath or through said fencing.
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such a manner as to be a nuisance or
an annoyance to neighboring properties.
Every private swimming pool or wading pool, as defined herein,
constructed or to be constructed in the Borough of Ho-Ho-Kus shall
at all times comply with the requirements of the Board of Health of
the Borough. Any nuisance or hazard to health which may exist or develop
in, in consequence of, or in connection with any such swimming pool
shall be abated and removed by the owner, lessee or occupant of the
premises on which the pool is located within 10 days of receipt of
notice from the Building Department, Borough Engineer or Board of
Health of the Borough of Ho-Ho-Kus.
Any person who violates this chapter, or any part thereof, shall,
upon conviction, forfeit and pay a fine not exceeding $200 or be imprisoned
for a term not exceeding 90 days, or both, for each and every offense.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication according to law.
