[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 9-28-71. Section 121-10 amended at time of adoption of Code;
see Ch. 1, General Provisions, Article I. Other amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All contiguous property of the same ownership.
A private swimming pool constructed of permanent materials
at or below ground level.
Any person, association of persons or corporation.
A private swimming pool which is not a permanent private
swimming pool.
Any swimming or bathing pools or tanks, whether permanently
installed, portable or otherwise, constructed or placed on any lot
by any person for the use of himself, the members of his family or
guests of himself or his family.
[Added 7-14-87 by Ord. No. 87-13]
No person shall construct, install or place any private swimming pool in the Town of Secaucus without first obtaining a permit to erect or construct such swimming pool from the Construction Code Official of the Town of Secaucus. Such persons shall pay such fee as prescribed by § 64-3A(10) [Swimming pool fees] of the Code of the Town of Secaucus.
No private swimming pool shall be constructed, installed or
placed or maintained on any lot except in the following manner:
A.
The distance from any lot line to the nearest inside face of the
pool wall shall not be less than five feet.
C.
The pool shall be located in the rear or side yard of the lot as
defined in the Zoning Ordinance.
E.
The provisions of this section shall not apply to any existing permanent
private swimming pool, but they shall apply to any alteration thereof.
[Added 7-14-87 by Ord. No. 87-13]
No private swimming pool shall be constructed, installed, placed, or maintained in any location except as permitted by § 121-2 (Location regulations) unless, prior to such installation or placing such swimming pool the Board of Adjustment of the Town of Secaucus grants a variance for the purpose of constructing, installing, placing or maintaining a private swimming pool not in conformity with said § 121-2.
[Amended 5-9-72]
No private swimming pool shall be constructed, installed, placed
or maintained in the front yard of any lot as defined in the Zoning
Ordinance,[1] unless the Board of Adjustment shall grant a variance
for the purpose of constructing, installing, placing or maintaining
a private swimming pool in the front yard area.
All buildings and structures accessory or appurtenant to a private
swimming pool shall be subject to the provisions and requirements
of the Building Code and the Zoning Ordinance[1] and their several supplements and amendments.
Every permanent private swimming pool, and every portable private
swimming pool, the wall or supporting structure of which is not at
least four feet above ground level, shall be enclosed with a fence
of durable construction of not less than four feet in height or by
a wall of a building or structure. A fence of similar construction
and height erected on the lot lines, which, with additional fencing
of any open areas, completely encloses the pool area, shall be deemed
a sufficient enclosure for the purpose of this section. The enclosure
shall be provided with one or more substantial gates or doors of at
least the height of the fence and the said enclosure and gates or
doors thereof shall be so designed and constructed as to reasonably
prevent any person from gaining access beneath, through or over the
same. Every gate or door of such fence shall be kept securely locked
at all times when the pool is not in use.
All outside lights for illumination of a private swimming pool
shall be installed and maintained so as to eliminate glare and annoyance
to adjoining properties. All such illumination shall be extinguished
at 11:00 p.m. or when the pool is not in use.
The use of a private swimming pool is hereby limited to residents
of a house or apartment on the lot on which the pool is situated and
to their guests. It shall be unlawful to require the payment of any
fee or consideration for the use of a private swimming pool, or to
require, as a prerequisite to the use of a private swimming pool,
membership in any club, association or organization, whether or not
such membership involves the payment of any fees, dues, contributions
or other consideration.
Sanitary standards for the use and maintenance of private pools
shall be in accordance with regulations set by the local Board of
Health or the State of New Jersey and shall be strictly complied with.
No person shall construct or alter a permanent private swimming
pool without first having obtained a permit from the Building Inspector.
The application for a permit and the fee for the same shall be in
accordance with the form and amount contained in the Building Code
for the construction and alteration of building.[1] Upon finding that the proposed pool or alteration of a
pool complies with the provisions of this chapter, the Building Code
and the Zoning Ordinance, and upon payment of the fee, the Building
Inspector shall issue the permit.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $500 or by imprisonment for a term not to exceed
90 days, or by both such fine and imprisonment in the discretion of
the Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
