[HISTORY: Adopted by the Mayor and Council of the Borough
of Northvale 6-11-2007 by Ord. No. 843-2007. Amendments noted
where applicable.]
The purpose of this chapter is to regulate the installation
of swimming pools to prevent adverse affects of drainage onto adjacent
properties. No person shall install a swimming pool unless a permit
therefor shall have been issued by the Borough.
The provisions of this chapter shall be administered by the
Construction Code Official of the Borough and shall be enforced by
the Construction Code Official with the cooperation of the Board of
Health and its officers, as indicated herein, and all other persons
required to enforce the ordinances of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any pool and appurtenances, whether located indoors or outdoors,
used by any person for recreational swimming or bathing and having
a depth of 12 inches below the level of surrounding land, a deck area
of 10 square feet or more and a capacity of 10,000 gallons or more.
Any natural person, corporation, limited-liability company,
partnership or other entity recognized under the laws of the State
of New Jersey. For purposes of this chapter, "person" shall include
a property owner and contractor.
Any above-surface type of swimming pool constructed of canvas,
rubber, plastic or other material or materials, not designed or intended
to be stationary or permanently fixed, but designed or intended to
be moved, removed or stored.
Any shallow pool, with less than a twelve-inch-depth capacity,
not included under the definitions of permanent or portable swimming
pool.
A.
Application for permits for the construction and maintenance of any
permanent swimming pool shall be made to the Construction Official.
The application shall be accompanied by three sets of plans, specifications,
and a site plan, signed, sealed and certified by an engineer and land
surveyor licensed by the State of New Jersey, which plan shall indicate
prior and proposed elevations; pool lines; the location, height, and
type of all existing fencing or walks on the boundary lines of the
property; and the type and height of fencing or enclosure as may be
required by this chapter. The applicant shall also submit information
as to the plumbing and filtration systems. With respect to permanent
swimming pools, the application shall also include drainage and runoff
calculations prepared by a civil engineer licensed in the State of
New Jersey.
B.
Applicants shall pay a fee to the Borough for a permit to erect a
permanent swimming pool, which permit fee shall be inclusive of the
permit fee required for the erection of any accessory structure or
structures to be used in connection with such swimming pool and which
shall be at the same rate as it is provided for other improvements
in the Borough. The permit fee will be as set forth in the current
fee schedule.
C.
No permit for a permanent swimming pool shall be issued by the Construction
Official until the plans, specifications and plot plan have been approved
by the Plumbing Inspector, Sanitary Inspector, Board of Health, and
the Borough Engineer. No permit shall be issued unless and until approvals
of the Building Department, the Board of Health and compliance with
the provisions of this chapter are all presented to the Construction
Official. Any pool requiring a change of contour or movement of soil
shall require the applicant to file a site plan sealed by a licensed
engineer and shall also be filed with the Borough Engineer. The applicant
shall deposit an escrow of $500 at the time the application is filed,
which shall be used to pay the cost of review by the Borough Engineer.
The escrow shall be subject to and governed by the provisions of N.J.S.A.
40:55D-53.2.
D.
The Board of Health shall review all plans and specifications assuring
that the appropriate sanitary systems and safeguards are to be included.
The Board shall forward the recommendations to the Construction Official
for consideration prior to the making of the final determination.
The Board of Health may establish a reasonable fee for its functions
as provided for in this section.
E.
No permit shall issue if, in the opinion of the Borough Engineer,
based upon the plans submitted by the applicant, the proposed swimming
pool will result in any additional runoff onto any adjacent property.
A.
All materials used in the construction of portable swimming pools,
permanent swimming pools and wading pools, whether built in the ground
or above the ground, shall be constructed of such materials as shall
be waterproof and so designed and constructed as to facilitate the
emptying and cleaning thereof. All pools shall be maintained and operated
in such a manner as to be clean and sanitary at any time when such
pool is in use or at such times as the same shall be subjected to
or available for use.
B.
It shall be unlawful to use any temporary electrical connections
in or about any portable swimming pool, private pool or wading pool
or within 12 feet thereof or as required by the National Electric
Code or IRC. All electrical connections shall be waterproof-type and
shall bear the seal of approval of the Underwriters' Laboratories
and shall be adequately and effectively grounded in accordance with
all electrical codes. Underwater pool lighting fixtures shall be approved
by the Construction Official and Building Subcode Official as to design
and installation prior to use. The Construction Official and Building
Subcode Official may require inspection by the Underwriters'
Laboratories as further evidence of proper installation of electrical
equipment.
A.
There shall be no physical connection between a potable public or private water supply system and any permanent swimming pool, wading pool, or portable pool below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate pool water through filtering equipment, and all water used shall be potable as is established by standards set by the State of New Jersey for potable water and shall be subject to inspection by the Health Department of the Borough. The installation, repair, and control of all plumbing facilities used to service any pool shall comply with the Borough Building and Plumbing Codes and Chapter 200, Zoning.
B.
All circulating units shall have sufficient capacity to recirculate
the entire contents of a pool within 24 hours or less.
C.
Any pool having a capacity in excess of 750 gallons shall have pumps
for recirculating, including filters and disinfecting equipment.
All permanent swimming pools or portable pools, now constructed,
installed, established or maintained, or hereafter constructed, installed,
established or maintained, within the Borough shall be provided with
the necessary equipment to completely pump out or empty said pool
or shall be emptied by providing one drainage outlet to be installed
at the lowest point of said pool not in excess of three inches in
diameter, extending from said pool to either a storm sewer catch basin,
lawn watering system, adequate dry well or sand filtering pit on the
premises on which said private pool is located. The discharge of water
from pools into storm sewers shall be permitted only where the capacity
is adequate as determined by the Borough Engineer. No permanent pool
drain, wading pool drain or portable pool drain shall be connected
into the sanitary sewer system. The discharge of said waters shall
in no case cause or create a nuisance to the abutting property, and
the discharge of waters, either directly or indirectly, upon the property
of others shall be deemed a nuisance under the terms of this chapter
and the Property Maintenance Code.
The physical, chemical, and bacterial qualities of pool water
shall comply with the latest recommendations made by the latest edition
of Standard Methods for the Examination of Water and Waste Water,
published jointly by the American Water Works Association and the
Water Pollution Control Federation, a copy of which is on file in
the office of the Borough Clerk. No water shall be used for swimming
purposes which, when tested, shall show coliforms contained therein.
For the purpose of this chapter, the use of disinfecting agents approved
by the National Swimming Pool Institute, or such disinfecting agents
as shall meet the same or higher standards, shall be deemed compliance.
A.
All permanent swimming pools now existing or hereafter constructed,
installed, established or maintained shall be completely and continuously
surrounded by a permanent durable wall, fence, or barrier which shall
be no more than six feet nor less than four feet in height above grade,
and shall be so constructed as to have no opening, mesh, hole, or
gap larger than two inches in any dimension, except for doors and
gates; provided, however, that if a picket fence is erected or maintained,
the horizontal dimension of any gap or opening shall not exceed 2 1/2
inches. All fences shall be constructed in accordance with other Borough
ordinances regulating fences and as regulated by the IBC Residential
Code. No fence of any kind or material shall be constructed or maintained
which shall contain projections of any kind at any point on the outer
surface of the said fence. A dwelling house or accessory building
may be used as part of such enclosure. All gates used in conjunction
with any of the above-described enclosures shall conform to the specifications
required above as to height and dimensions of openings, mesh, holes,
or gaps in the case of fences, and all gates and doors shall be equipped
with self-closing and self-latching devices for keeping the gate or
door securely closed at all times when not in actual use. Gates and
doors shall be locked when the pool is not in use or is unguarded
or unattended; provided, however, that nothing herein contained shall
be construed to require the construction of an additional wall, fence,
or barrier where, in lieu thereof, the entire premises or a part thereof
wherein the pool is contained shall be fully enclosed by a wall, fence,
or barrier which meets the specifications set forth herein.
B.
Every portable pool shall be enclosed by a durable wall, barrier,
or fence as described in the preceding subsection, unless such portable
pool be:
(1)
Emptied when not in use or unattended; or
(2)
Covered with a suitable, strong, protective covering fastened or
locked in place when not in use or unattended. A cover shall be considered
to be of sufficient strength and securely fastened or locked in place
if, when fastened or locked in place, it will support a minimum dead
weight of 200 pounds.
C.
All pools considered as aboveground type having a height above the
ground level of not less than four feet (48 inches) shall be exempt
from perimeter fencing only when the pool is provided with additional
fencing above forty-eight-inch or four-foot minimum and be supplied
with a gate and lock to deny access when a pool is not in use. Swing-up
ladders and detachable ladders are not permitted by the IBC Residential
Code.
B.
Portable pools. All newly erected portable pools shall comply with the setback requirements set forth in Subsection A above, except that no portable pools shall be placed less than five feet from the foundation of any residential structure.
C.
An applicant may seek relief from the Board of Adjustment from any of the provisions of Subsections A and B. The criteria and hearing procedure to be applied by the Board of Adjustment shall be the same as for variances pursuant to N.J.S.A. 40:55D-70(c) as well as the negative criteria. An applicant shall pay the Borough an application fee and escrow as currently extant for a residential application with respect to N.J.S.A. 40:55D-70(c) and as may be changed from time to time.
A.
All pools supplied by a public or quasi-public water supply system
and not equipped with facilities for recirculation and reuse of pool
water shall be subject to closure by order of the Mayor of the Borough
during any period of emergency water storage declared by a duly authorized
public official.
B.
Whenever any pool is a hazard to the health of the public, the Sanitary
Officer of the Borough or any Borough Health Official is authorized
to summarily close such pool. Upon failure of the owner or the person
in charge thereof to abate such hazard to the public health within
12 hours following receipt of notice, written or oral, to keep such
pool closed unless retested by such official and approved for use,
the owner or person in charge of the pool shall have the right to
appeal the decision of the official of the Board of Health of the
Borough. However, such appeal shall not stay the action of the Sanitary
and Health Officer.
C.
In the case of unused, abandoned pools of any type when the Construction
Official, Health Officer, or Sanitary Officer determines that said
pool is a hazard to the public health or safety, said officer is authorized
by this chapter to drain or cover said pool, or both, at expense of
the owner.
A.
No artificial lighting shall be maintained or operated in connection
with a permanent swimming pool, wading pool, or portable pool in such
a manner as to be a nuisance or annoyance to neighboring properties.
Such lighting shall not shine directly upon any abutting property.
No unshielded lights shall be permitted.
B.
No excessive noise or other nuisance which annoys or disturbs the
comfort of anyone on neighboring properties shall be permitted in
connection with the operation or maintenance of any permanent swimming
pool, wading pool, or portable pool.
A.
Every permanent swimming pool, wading pool, or portable pool constructed,
installed, established, or maintained in the Borough shall at all
times comply with the requirements of the local Board of Health. Any
nuisance or hazard to health, which may exist or develop in, or in
consequence of, or in connection with any such pool, shall be forthwith
abated and removed by the owner, lessee, or occupant upon receipt
of notice from the Board of Health of the Borough.
B.
It shall be the duty of the Sanitary and Health Officer and/or the
Construction Official to enforce the provisions of this chapter.
C.
The owner or operator of any pool within the Borough shall allow
said Sanitary and Health Officer and/or Construction Official access
to any permanent swimming pool, wading pool, or portable pool and
appurtenances thereto for the purpose of inspecting to ascertain compliance
with this chapter and all other pertinent ordinances, at all reasonable
times.
