Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
PORTABLE POOL
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, and not included in the definition of a "private swimming pool."
PRIVATE SWIMMING POOL
Any private swimming 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 or having in each case a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use of members of his household and guests, and located on the applicant's land as an accessory use to a residence, and shall include all buildings., structures, equipment and appurtenances thereto.
WADING POOL
Any shallow pool not included in the definition of a "private swimming pool."
This chapter shall apply to all new and existing private pools, except where otherwise indicated herein.
It shall be unlawful to establish, construct or alter a private swimming pool without first obtaining a permit therefor in the manner prescribed in this chapter.
Applications for a permit to construct a private swimming pool shall be made in writing to the Construction Official, accompanied by three sets of plans drawn to an acceptable scale, and three sets of specifications which shall meet all requirements of this chapter, the Zoning Ordinance and the Building and Plumbing Codes. The plans and specifications should include the following:
A. 
The dimensions of the pool, with side and top elevations.
B. 
A plot plan showing property lines of the land upon which the proposed pool is to be constructed, showing all existing houses and structures, cesspools, tanks or subsurface sewer disposal systems, distance of the pool from property lines and abutting streets.
C. 
A description of the method of disinfection, treatment, filtering and disposal of pool water and filter backwash water.
D. 
The height and type of fence, walls or enclosures, as required by this chapter.
The Construction Official shall submit 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.
All applications for swimming pool permits shall be accompanied by a fee, which shall be based on the building permit fee schedule of the Township, which charge shall be used to defray the cost of processing the application and inspecting the site before and after issuance of the permit. Such fee shall not be refundable. No fee shall be charged for a portable pool.
[Amended 11-27-2001 by Ord. No. 2001-21; 10-8-2013 by Ord. No. 2013-22; 6-23-2015 by Ord. No. 2015-10]
A. 
No pool shall be constructed or installed:
(1) 
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.
(2) 
Nearer than 10 feet to the rear property line.
(3) 
Nearer than 10 feet to any side property line.
(4) 
On a property served by an individual sewage disposal system without first obtaining approval of the Health Officer, or his designee. Said pool shall not be constructed in a manner that will impair the proper operation or structural integrity of either the sewage disposal system or swimming pool. In no instance shall any pool be constructed over any component of an individual sewage disposal system; nor, shall any above ground pool be closer than five feet from any component of a disposal system; or, any inground pool closer than 20 feet from a disposal field, 30 feet from a seepage pit, 10 feet from a distribution box, and 10 feet from a septic tank.
(5) 
In addition to any fencing otherwise required by New Jersey Uniform Construction Code, screening at least six feet in height by fence or planted materials shall be provided in each case where the pool is within 15 feet of an adjacent property line.
(6) 
All pool equipment shall be located in the rear yard or side yard and shall be no closer than 10 feet from the property line.
The above mentioned distances shall be measured from the inside wall of the pool.
B. 
No private swimming, portable or wading pool shall be constructed or installed on any lot which is not part of residential plat containing a residential building. Pools and appurtenant equipment shall not be permitted in a 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 other than the secured from the Township shall be used for any pool unless such source shall have been and continue to be tested and meets the Health Officer's approval.
Private 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.
All private swimming pools shall be constructed, installed and maintained so as to provide equipment necessary for the chlorination or other disinfection, filtration and recirculation of the pool water so as to comply with approved bacteriological standards as may be promulgated by regulations issued by the Health Officer of the Township and the Board of Health of the state.
A. 
No overhead current-carrying electrical conductors shall cross swimming pools or be located within 10 feet of a swimming pool.
B. 
All metal fences, enclosures or railings near or adjacent to 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 swimming pool shall be arranged and shaded so as to reflect light away from the adjoining premises. No unshielded lights shall be permitted.
D. 
Underwater lights are prohibited, unless they are of a low-voltage type.
E. 
All electrical equipment shall comply with the National Electric Code.
A. 
The Township Council expressly declare that private swimming pools are not properly fenced are detrimental to the health, welfare and safety of the residents of the Township. Therefore, all private swimming pools, 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, and shall be constructed so as to not have openings, meshed holes or gaps larger than four inches in dimension, and shall reasonably prevent any person from gaining access beneath any part of the fence. If a picket fence is erected or maintained, the spaces between the pickets shall not be excess of 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 gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children.
B. 
Above-the-surface pools with straight sides four feet or more in height are excluded from the provisions of this section. Any access ladder or steps used with any of the above-the-surface type swimming pools, whether permanent or portable, shall be removed from the pool when not in use. "Removal" shall be defined as not capable of being used to enter the pool.
All private swimming pools shall be maintained in a clean and sanitary condition. All equipment shall be maintained in satisfactory operating condition during the periods the pool is in use.
The Construction Official or his representative shall enforce the provisions of this chapter. The Health Officer of the Township or his representative shall enforce the requirements of 166.08, 166.09 and 166.10. Every private swimming pool constructed or to be constructed in the Township shall at all times comply with the requirements of the health or Township authorities having jurisdiction on the premises, and 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 of such pool upon receipt of notice from the Construction Official, Health Officer or other person concerned with law enforcement in the Township.