[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 7-28-64 as Ord. No. 11-64. Amendments noted where applicable.]
For the purpose of this ordinance, the words and phrases listed
below shall be defined as follows:
Any pool composed of entirely artificial construction.
Any pool formed from a natural body of water which has either
so limited a flow of such an inadequate size that the quantity or
quality of the water must be maintained by artificial means.
Any private swimming pool designed to remain as an installation
for more than one (1) year.
Any pool designed and maintained for swimming or wading purposes
and used as an accessory to a residence by the persons living therein
and their guests. Unless otherwise qualified, the term "private swimming
pool" shall be construed as including both artificial and partly artificial
permanent pools, but shall not be deemed to include temporary private
pools.
Any private swimming pool not intended or designed as a permanent
pool.
It shall be unlawful to construct or install within the Borough
of Waldwick a private swimming pool, as herein defined, without first
having obtained a permit therefor in the manner hereinafter prescribed.
See Chapter 48:88-3.
[Amended 8-24-76 by Ord. No. 17-76]
Persons denied a permit to construct or install a private swimming
pool or temporary private pool, as herein defined, shall be notified
in writing by the Building Inspector. Such notification shall specify
the reason for such action and the remedial action necessary to obtain
approval for the issuance of such permit or license.
The structural design of all private swimming pools and the
materials used or to be used in the construction of such pools shall
be of such character and quality as to secure adequately the safety
of persons working thereon during the course of construction or installation
and to secure adequately the safety and protect the health of persons
using such facilities for the uses and purposes for which they were
designed and intended. All materials used in the construction of private
swimming pools shall be waterproof and easily cleaned. Uncovered sand
or earth bottoms in such pools shall not be permitted. All such pools
shall be maintained in such condition as to prevent water in such
pools from seeping through the walls or floor into the ground. Water
from such pools shall not be permitted to overflow onto adjacent properties.
The immediate area surrounding such pools shall be sloped away from
the pools so that surface water will drain away from such pools.
There shall be no physical connection between a potable public
or private water supply system and such private swimming pools or
temporary private pools at a point below the maximum water line of
the pool or to a recirculating or heating system for such pools.
All private swimming pools shall be provided with one (1) drainage
outlet not in excess of three (3) inches in diameter, extending from
the pool to either a brook, storm sewer or lawn-sprinkling system
on the premises on which said private swimming pool is located. The
discharge of water from such 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 to use such water for purposes
of lawn sprinkling on said premises. Approval shall not be given to
discharge such water at the curb or upon the surface of any street.
No private swimming pool hereafter constructed or installed
shall be created nearer to a street property line or nearer to a side
or rear property line than as provided for accessory buildings in
Chapter 97-13 of the Zoning Ordinance of the Borough of Waldwick,
as amended or hereafter amended. All private swimming pools shall
be considered as structures in the determination of yard sizes or
lot coverage. Anything to the contrary notwithstanding, no private
swimming pool shall be located within twenty (20) feet of any individual
sewerage disposal system or part thereof.
Editor's Note: Included as Ch. 97, Zoning.
[Amended 9-12-72 by Ord. No. 15-72]
All private swimming pools or temporary private pools within
the Borough of Waldwick which are twenty-four (24) inches or greater
in height shall be enclosed by a substantial fence the height of which
shall be not less than four (4) feet nor more than six (6) feet in
height above the established grade; provided, however, that no fence
more than four (4) feet in height above the established grade shall
be located within eight (8) feet of any property line. Such fencing
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. The provisions of this section relating to fencing
or pool facilities shall not, however, be applicable where a private
swimming pool or temporary private pool is located more than three
hundred (300) feet from the front property line, and where there is
present on the side and rear lot lines walls or fencing the height
of which shall be not less than the maximum height permitted for fences
under the relevant sections of the Zoning Ordinance, and which shall
be so constructed as to prevent, within reason, any person from gaining
access beneath or through said fencing.
Editor's Note: See Ch. 97, Zoning.
No artificial lighting shall be maintained or operated in connection
with private swimming pools or temporary private pools in such a manner
as to be a nuisance or an annoyance to neighboring properties.
The physical, chemical and bacterial qualities of the water
in any private swimming pool or temporary private pool shall at all
times comply with the latest recommendations made therefor by the
New Jersey State Department of Health or the Board of Health of the
Borough of Waldwick.
Any nuisance or hazard to health or safety which may exist or
develop in, in consequence of or in connection with any such swimming
pool or temporary private pool shall be abated and removed by the
owner or occupant of the premises on which the pool is located within
ten (10) days of receipt of notice from the Building Inspector or
Board of Health of the Borough of Waldwick, as the case may be. The
license of any person to maintain, operate or use a private swimming
pool or temporary private pool may be suspended at any time when,
in the opinion of the Building Inspector or the Board of Health, as
the case may be, or the authorized agent of either, such action is
deemed necessary to abate a present or threatened menace to public
health or safety. Notice of such suspension, in writing, shall be
served upon the owner or occupant of the premises on which the offending
facility is located. Service shall be deemed to have been made when
delivery of such notice in writing is made in person to such owner
or occupant as appears upon the tax records of the Borough of Waldwick,
and if no service can be so made, then by posting such notice of suspension
in a prominent place at the site of the offending facility. Such notice
shall include the reason for such action and the remedial action deemed
necessary to be taken before the suspension may be lifted.
Persons who have been denied permits to construct or install
a private swimming pool or temporary private pool, or who have had
licenses to maintain, operate or use such facilities denied or suspended,
shall, at such person's option, be afforded a hearing before
the Board of Adjustment at a time appointed by such Board. The Board
shall, after due consideration, render a written decision confirming
or rescinding the denial or suspension, and shall furnish the appellant
with a copy thereof.
See Chapter 1:14.1.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this ordinance.
This ordinance expressly repeals and rescinds an ordinance entitled
"An Ordinance to Regulate the Construction, Installation, Maintenance,
and Operation of Private Swimming Pools and Other Such Facilities
in the Borough of Waldwick," enacted on or about April 12, 1960, and
identified as Ord. No. 3-60.
This ordinance shall take effect immediately upon final passage
and publication according to law.
