Borough of Midland Park, NJ
Bergen County
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[Ord. #492; 1973 Code § 104-1]
As used in this chapter:
PERMANENT PRIVATE POOL
Shall mean any private swimming pool, either an inground or an aboveground type, which is designed and constructed to remain as an installation for more than one (1) year and which is not portable.
PRIVATE SWIMMING POOL
Shall mean any pool designed and maintained for swimming or wading purposes and used as an accessory to a residence by the persons living therein and by their guests. Unless otherwise qualified, the term "private swimming pool" shall be construed as including permanent private pools and shall not be deemed to include temporary private pools.
TEMPORARY PRIVATE POOL
Shall mean any private pool not intended or designed as a permanent pool, all parts of which are portable and no part of which is permanently installed.
[Ord. #492; 1973 Code § 104-2]
No individual, group of individuals, association, firm, partnership or corporation shall construct, maintain, alter or operate any private swimming pool except as hereinafter provided.
[Ord. #492; 1973 Code § 104-3]
a. 
An application for a permit to construct a private swimming pool shall be made to the Construction Official.
b. 
An application shall include a detailed plot plan of the entire property showing existing buildings and the proposed pool. Pertinent dimensions shall be shown in figures at the pool, building and property lines. The plot plan shall be signed by the owner or his agent.
[Ord. #492; 1973 Code § 104-4]
Upon compliance with all provisions of this chapter and Code, and upon approval from the Construction Official of the final application and plans, together with the data contained therein, a permit shall be issued for the erection of the accessory structure so requested upon payment of the fee as required by the Building Code.
[Ord. #492; 1973 Code § 104-5]
Issuance of a permit for a private swimming pool shall be subject to the following provisions:
a. 
The private swimming pool shall be designed, located and operated in a manner which does not constitute a hazard to adjacent property owners or to the public.
b. 
The private swimming pool shall be constructed behind the front line setback line and not closer than ten (10') feet from either side line or five (5') feet from the rear property line.
c. 
Except as provided in paragraph d of this subsection, the private swimming pool area shall be completely enclosed with a chain-link fence or other secure enclosure of durable construction with self-closing gates. The fence shall not be less than four (4') feet nor more than five (5') feet in height. Every gate of such fence shall be kept securely locked at all times when the pool is not in actual use.
d. 
An aboveground private swimming pool of four (4') feet or more in height as measured from the ground level, having provisions for the removal or withdrawal of any ladder, steps or stairs when the pool is not in actual use, shall not be required to be enclosed.
e. 
The private swimming pool must be of a permanent type construction and uncovered sand or earth bottoms shall not be permitted.
f. 
The immediate area surrounding the private swimming pool shall slope away from the pool so that all surface water shall drain away from the pool.
g. 
Private swimming pool water shall be filtered and chemically treated. Every private swimming pool shall be equipped with a pressure sand filter, a diatomaceous filter or a filter of equal quality. The filter shall have sufficient capacity to provide a complete recirculation of the pool water in eighteen (18) hours or less, and one (1) complete recirculation of the entire volume of pool water through the filter system shall be required daily during the swimming season.
h. 
Filters shall be screened from adjacent property and shall not be closer than five (5') feet to a property line.
i. 
Provisions shall be made for the drainage of private swimming pools and for the disposal of backwash water. Effluent may be used upon or in lawns, fields, woods or dry wells; provided, however, the same does not overflow onto property belonging to others. Water emptied into brooks must have a minimum of one-tenth (.1) parts per million chlorine residual. Permission for the use of storm sewers must be obtained from the Borough Engineer. Effluent shall not be discharged into the sanitary sewer system.
j. 
There shall be no physical connection between a potable public or private water supply system and private swimming pools at a point below the maximum waterline of the pool or to a recirculating or heating system for such pools.
k. 
The construction of bathrooms, including screened enclosures, must conform to accessory building construction provisions of the Building Code and Zoning Ordinance.
l. 
The Construction Official shall have the right to inspect at reasonable times the pool area for compliance with the provisions of this chapter.
m. 
Pool lighting shall not be maintained or operated in such a manner as to project lighting directly upon neighboring property or upon public streets.