[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-27-2001 by Ord. No. 15-2001]
As used in this article, the following terms shall have the
meanings indicated:
Generally used for recreational purposes and is either in-ground
or on the surface, located on private property, whose operation is
the responsibility of owner.
No person shall provide, maintain, or keep a pool in any manner
on any property unless it is maintained pursuant to this article.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of:
A.
Maintain the pool with an adequate disinfecting agent that imparts
sufficient residual which provides for an easily measured continual
disinfection; provide daily circulation of the pool water with a properly
functioning circulation system; and daily removal of any debris. When
in use, the pool water shall be sufficiently clear to permit clear
visibility of the bottom of the pool.
B.
When owner is away and cannot maintain pool, use a biological pesticide
in the pool (e.g., BTI Briquettes, Mosquito Dunks).
C.
Empty tot pools when not in use and refill daily.
Any pool cover must be maintained in a way to prevent the collection
of stagnant rainwater.
[Adopted 4-3-2012 by Ord.
No. 2012-4]
The words, terms or phrases listed below for the purpose of
this article, except when the context requires a different meaning,
shall be defined as follows:
Includes building or installing a new swimming pool or enlarging
an existing swimming pool or any of its facilities.
Includes corporations, companies, associations, societies,
firms and partnerships, as well as individuals.
Includes any pool of water having a permanent structure and/or
having a capacity of 15,000 gallons or more, designed, used and maintained
for swimming purposes by an individual for use by his household and
guests without fees and located on property owned, leased or otherwise
used and maintained by the owner of said swimming pool; it shall further
mean and include fill and draw, flow-through and recirculation pools,
which are artificially constructed to provide recreational facilities
for swimming, bathing or wading and all buildings, equipment and appurtenances
thereto. It shall not include natural outdoor ponds, rivers or lakes,
nor baths used for cleansing of the body or practice of the healing
arts.
Includes any structure intended for swimming, recreational
bathing or wading that contains water over 24 inches (610 mm) deep.
This includes in-ground, aboveground and on-ground pools; hot tubs;
spas; and fixed-in-place wading pools.
Those pools that are less than four feet in depth; are nonpermanent;
contain no support structure; and are installed no earlier than May
1 and removed no later than September 30 of each year.
Includes any artificially constructed pool for use by children,
not designed or used for swimming, with a maximum area of 120 square
feet and a maximum water depth of 18 inches.
All materials used in the construction of private swimming pools,
temporary portable pools or wading pools shall be waterproof and so
designed and constructed as to facilitate emptying and cleaning and
shall be maintained and operated in such manner as to be clean and
sanitary at any time when any such pool shall be in use or at such
times as the same shall be subject to use. Inlets of the treated water
shall be so located and spaced as to secure satisfactory dispersion
of the water throughout the pool and not to interfere with draining,
cleaning and disinfecting of the bottom and sides. Sand or earth bottoms
shall not be used.
A.
There shall be no physical connection between a potable public or
private water supply system and such private swimming pools, temporary
portable pools, or wading pools 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 the pool water through filtering
equipment. Potable water shall feed the pool with a downspout with
an air gap not less than six inches from the pool overflow level.
Potable water siphons will not be permitted to drain the aforesaid
pools. The installation, repair and control of plumbing facilities
shall comply with the plumbing and sanitary codes of the Township.
B.
All circulating units shall have sufficient capacity to recirculate
the entire contents of a pool within 18 hours or less.
All private swimming pools, temporary portable pools, or wading
pools with a water depth of more than one foot, hereafter constructed,
installed, established or maintained within the Township, 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,
storm sewer catch basin, lawn watering system, adequate dry well or
sand filtering pit on the premises on which said private swimming
pools, temporary portable pools, or wading pools are located. The
discharge of water from such pools into a storm sewer shall be permitted
only where the capacity is adequate as determined by the Township
Engineer. No private swimming pool drain, temporary portable pool
drain, or wading 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 or to the public.
Chlorine gas-bearing compounds in solution shall be required
as disinfecting agents for all swimming pools, private swimming pools,
temporary portable pools, or wading pools. The use of ozone, ultraviolet
light or any other method wherein a residual cannot be determined
is prohibited. Not more than 15% of the samples of water taken from
any private pool shall contain more than 250 pathogenic organisms
per cubic centimeter or shall show positive test (confirmed) for chloroform
in any of 10 cubic centimeter portions of water at times when the
pool is ready for use; provided, however, that no less than three
samples shall disclose the presence of a bacteria content in excess
of the above-described limits. For the purpose of this section, any
number of samplings of water on a single day shall be considered as
one sample. The local Board of Health is authorized to take samples
to insure compliance with these requirements. Free chlorine residuals
and pH values shall be maintained within ranges indicated below:
|
pH
|
Free Chlorine Residual
|
|---|---|
|
7.0 to 7.6
|
0.4 to 0.6 ppm
|
|
8.0 to 8.4
|
2.0 to 5.0 ppm
|
A.
All private swimming pools now existing or hereafter constructed,
installed, established or maintained, with the exception of wading
and temporary portable pools, shall be completely and continuously
surrounded by a permanent, durable wall, fence or barrier which shall
be no less than four feet nor more than six 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, if a picket fence is erected or maintained, the
horizontal dimension of any gap or opening shall not exceed 2.5 inches.
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 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.
B.
Every outdoor wading pool or temporary portable pool shall be enclosed by a durable wall, barrier or fence as described in Subsection A of this section unless such outdoor wading pool or portable pool be:
(1)
Emptied when not in use or unattended; or
(2)
Covered with a suitable, strong, protective covering, securely 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 100 pounds.)
C.
All persons now owning or maintaining any outdoor swimming pool,
temporary portable pool or wading pool shall be and are granted a
period of 90 days after the effective date of the ordinance codified
in this article within which to enclose the same as herein provided;
except that any such person now owning or maintaining an outdoor swimming
pool or wading pool presently enclosed by a fence or barrier which
substantially complies with the requirements of this section may be
exempted from the strict requirements thereof until such time as he
may substantially alter, remove, replace or rebuild such fence upon
obtaining from the Building Inspector a certificate of substantial
compliance as hereinafter provided:
(1)
Substantial compliance, for the purposes of this section, shall mean
and include any fence or barrier which now or hereafter shall be maintained
at a minimum height of 42 inches above grade and have no opening,
mesh, hole or gap larger than four inches in any dimension.
(2)
A certificate of substantial compliance may be granted by the Building
Inspector within 90 days after the effective date of the ordinance
codified in this article upon written application to and establishing
to the satisfaction of the Building Inspector in such a manner as
shall be prescribed by said Building Inspector that the applicant's
fence is maintained in substantial compliance with the requirements
of this section.
A.
No private swimming pool, as defined by this article, or accessory building shall be erected or placed nearer to a street property line than will be allowed for buildings in the respective zoning district as set forth in Chapter 310, Land Development and Zoning, of the Code of the Township. Swimming pools, however, may be placed within 15 feet of the rear or side property line of any property within a residential district. The placement of swimming pools in other districts shall be as provided for in the respective zoning districts as set forth in Chapter 310, Land Development and Zoning, of the Code of the Township.
B.
No private swimming pool shall be constructed so that its drain outlet
shall connect in any manner to any sewerage disposal system.
C.
No private swimming pool shall have an area in excess of 10% of the
area of the lot upon which it is constructed or installed.
No artificial lighting shall be maintained or operated in connection
with a private swimming pool, wading pool or portable pool in such
a manner as to be a nuisance or an annoyance to neighboring parties.
Such lighting shall not shine directly upon any abutting property.
No unshielded lights shall be permitted.
A.
Application for permits for the construction and maintenance of any private swimming pool, as defined in § 460-7, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan shall also show the location, height, and type of all existing fencing or walks on the boundary lines of the property, together with the type and height of fencing or enclosure as may be required by this article.
B.
Permits for a private swimming pool, as defined in this article,
shall be issued by the Building Inspector. The plans, specifications
and plot plan shall be approved by the Building Inspector. At the
discretion of the Building Inspector, the plans, specifications and
plot plan shall be approved by the Building Inspector and the Township
Engineer.
A.
Purpose and intent. The intent of this section is to permit small
portable temporary pools that are not permanent in nature and can
be installed, used and removed within a period of a few months over
the summer months without any negative impact to the municipal Code
or property owners.
B.
Permitted in residential zones. Portable temporary pools shall be
permitted as accessory uses to single-family residential dwellings
in the residential zones, and in the C-2 Downtown Commercial Zoning
District, subject to the specific conditions set forth herein. Temporary
portable pools shall be permitted as accessory uses to residential
properties in other zones.
(1)
A building permit and zoning permit are required for any new pool
that is 24 inches or more in depth. No permit shall be required under
the Uniform Construction Code for any pool that is less than 24 inches
in depth.
(2)
A homeowner who desires to install a temporary portable pool must obtain an initial permit from the Construction Code Office and Zoning Office. Once the initial permit is issued by the Township for the period beginning not before May 1 and ending not later than September 30, then the property owner may apply for an annual certificate of approval from the Construction Code Office each year prior to reinstallation of the temporary portable pool. The fee for each certificate of approval is set forth in Chapter 240, Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
In order to obtain a certificate of approval each year, it is necessary
that the pool is placed in the same location, that it remains temporary
in nature, and that the same safety barriers required under the Uniform
Construction Code remain in place.
(4)
A temporary portable pool or inflatable pool must be installed in
a residential zone on a property that has a primary residence. If
a residential property is located in a commercial zoning district,
then there still must be a primary residence on the same lot as the
temporary portable pool.
(5)
Impervious surface standards shall not apply for temporary portable
pools (including inflatable pools) that are less than four feet in
depth and meet the definition contained herein.
(6)
A temporary portable pool cannot be installed prior to May 1 and
must be removed no later than September 30 of each year. All permits
for temporary portable pools (including inflatable pools) shall contain
this requirement. Failure to adhere to this regulation will result
in enforcement action as a violation of the Code.
(7)
A temporary portable pool cannot be located closer than five feet
to any side or rear property line.
(8)
Temporary portable pools are not permitted in any front yard setback.
(9)
In order to provide for the safety of children and residents, no
municipal permits will be issued for an inflatable pool unless the
property has a proper barrier in place in accordance with the Uniform
Construction Code. Barrier requirements address fencing, pool steps,
locking gates, etc. A copy of the basic barrier requirements for all
pools, including temporary inflatable pools, is available from the
Construction Code Office.
(10)
The municipal permit process does not exempt a property owner
from receiving approval from their own homeowners' association
(HOA) prior to applying for municipal permits, nor does it override
the conditions in any homeowners' association bylaws.
A.
Any nuisance which may exist or develop in or in consequence of or
in connection with any private swimming pool, temporary portable pool,
or wading pool shall be abated and/or removed by the owners.
B.
Whenever any private swimming pool, temporary portable pool, or wading
pool, by reason of mechanical defects or lack of supervision, is,
in the opinion of the Board of Health, polluted and detrimental to
health, it shall be summarily closed.
C.
Owners or persons in possession of private swimming pools, temporary
portable pools, or wading pools shall allow the Health Officer and
the Building Inspector access to inspect said pool and the appurtenances
at any time it may be required by the Board of Health or the Township
Committee of the Township.
D.
The Board of Health may cause any private swimming pool, temporary
portable pool, or wading pool, as defined in this article, to be inspected
for compliance with the Plumbing Code of the Township.
E.
Any accessory building, such as locker rooms, bathhouses, cabanas,
shower rooms, toilets, runways or any other physical facility or equipment
incidental to the maintenance and operation of any of the above-described,
shall be in conformance with the rules and regulations of both the
Board of Health and the Township Committee of the Township.
A.
Every private swimming pool, temporary portable pool, or wading pool
constructed, installed, established or maintained in the Township
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 private swimming
pool, temporary portable pool, or wading pool shall be forthwith abated
and removed by the owner, lessee or occupant of the premises on which
the said pool is located upon receipt of notice from the Health Officer
of the Township.
B.
It shall be the duty of the Health Officer and/or Building Inspector
to enforce the provisions of this article.
C.
The owner or operator of any pool within the Township shall allow
the said Health Officer and/or Building Inspector access to any private
swimming pool, temporary portable pool, or wading pool and appurtenances
thereto for the purpose of inspection to ascertain compliance with
this article and all other pertinent Township ordinances, at all reasonable
times.
