[Ord. No. 94 § 16; Ord. No. 159 § 5; amended 6-19-2019 by Ord. No. 2019-5]
As used in this section:
The materials used in construction, such as steel, glass,
concrete, plastics, etc.
A blueprint or drawing prepared by a licensed land surveyor
or engineer of the State of New Jersey, or a plan or sketch provided
by the Construction Official, showing the proposed location of the
swimming pool, relative to property and building lines, the sanitary
disposal field or fields, the materials used in construction and the
plumbing and safety features. Details of the proposed swimming pool
and other specific location must be indicated by line drawings and
written details in foot and inch measurements.
Facilities for filling and emptying the pool.
Property lines shall mean surveyed legal boundaries of the
premises as to which the application is made. The building lines shall
mean the plain outline of the shape of any building, on such premises,
the outlines of the pool and their placement in relation to the property
lines; also, if appropriate, the building line established by ordinance.
Includes fencing around the pool site, the entrance to the
pool and locks in connection with same, filtering of the water, the
cover of the pool and hygiene equipment.
Any pool artificially constructed, any part of which is more
than 18 inches in depth, designed, used, and maintained for swimming
and bathing purposes by an individual for use by members of his or
her household and guests located on a lot as an accessory use to a
conforming use, as now, or hereafter zoned. Pool equipment shall meet
location and setback requirements for accessory structures.
[Ord. No. 94 §§ 1,
2; Ord. No. 159 § 1; New;
amended 6-19-2019 by Ord. No. 2019-5]
No swimming pool shall be constructed within the Borough of
Interlaken unless the owner, or the person in possession of the lands
on which the swimming pool is to be constructed, shall first obtain
from the Construction Official, prior to the commencement of construction,
a construction permit therefor.
See Chapter 10, Building and Construction, for fees for a construction permit.
a.
The application for approval shall be submitted in writing to the
Zoning Official together with a plan or sketch and a verified statement
as to the cost of the construction of the pool. The zoning application
fee shall be $25.
b.
The escrow fee shall be $250 for engineering review for ordinance
compliance.
c.
A permit is required for all private swimming pools. The application
for such permit shall be accompanied by plans and specifications prepared
by a duly licensed engineer in the State of New Jersey, together with
the required fee. The following is required for the issuance of a
permit or variance:
1.
The applicant must submit a grading and drainage plan prepared, signed
and sealed by a professional engineer, licensed in the State of New
Jersey.
2.
Proposed grading must ensure surface runoff will have no impact on
adjacent properties.
3.
Lighting and illumination plan must be submitted. All illumination
used in connection with any pool shall be directed and shielded so
as to avoid annoyance or nuisance to the occupants of adjacent and
neighboring properties and shall be subject to the approval of the
Zoning Officer and/or the Planning Board.
4.
Fountains, waterfalls or jet propulsion systems, other than as needed
for filtering, are not permitted.
5.
Additional requirements.
(a)
A full depth soil boring, soil log, soil analysis and groundwater
analysis, including establishment of depth to the seasonal high groundwater
table shall be provided with any residential swimming pool permit
application.
(b)
Bottom elevation of pool structure shall not be less than two
feet above the seasonal high groundwater elevation.
(c)
A request for authorization must be made to the NJDEP for any
construction dewatering. A copy of such request shall be copied to
the Borough of Interlaken and presented with the request for permit.
The Construction Official, upon receipt of a proper application,
and after examination thereof and inspection of the proposed location,
if satisfied that all requirements under this section will be satisfactorily
met, shall issue a construction permit for such pool.
[Ord. No. 94 §§ 3
through 10; Ord. No. 159 §§ 3,
4; Ord. No. 175; amended 6-19-2019 by Ord. No. 2019-5]
All swimming pools shall be located in the rear yard area of
the property.
Pools shall occupy no more than 800 square feet as measured
along the surface of the water.
Bottom elevation of the pool structure shall not be less than
two feet above the seasonal high groundwater elevation.
No portion of a swimming pool shall be closer than 10 feet to
a property's building line or any structure located on the premises.
Swimming pools may be constructed with underwater lighting systems
or exterior lights or both, provided that all exterior lights are
located so that the light is directed or shaded in such a manner that
no direct rays of light there from fall more than three feet upon
any adjacent lots, and such light is neither directed nor reflected
in such way as to cause a nuisance or annoyance to neighboring properties.
All swimming pool lighting shall be in conformance with State Electrical
Codes.
a.
A good quality fence, which is no less than 50% open, shall enclose
such pool. The fence shall be in compliance with the Swimming Pool
Code of New Jersey, including being equipped with a gate or gates
of the same height as the fence and equipped with a self-locking device.
[Amended 9-18-2019 by Ord. No. 2019-8]
b.
Swimming pools shall be completely surrounded by protective fencing
with a minimum of four feet in height, but no more than five feet
in height, which fencing shall include self-closing and self-latching
gates. Such fences shall be suitably landscaped to minimize the visual
impact on adjacent residential uses.
[Amended 9-18-2019 by Ord. No. 2019-8]
c.
No pool fence shall remain open, unlocked or unlatched, except when
said pool is in use.
No sound-amplifying systems shall be permitted in connection
with a swimming pool.
No swimming pool shall be drained into or cause to be overflowed
into the municipal sanitary sewer system or into the public streets
of the municipality. No pool's filter system shall be connected
in any manner with the municipal sanitary sewer system.
Swimming pools shall be constructed with an adequate system
for surface disposal by absorption upon the property of the owner,
without drainage onto any adjoining property. No such system shall
be permitted to allow drainage to pump back into the ground by a system
through lines other than the source of supply, or connected with the
storm sewer system, if an underground system must be constructed on
site to control runoff.
No swimming pool shall be constructed except as an accessory
use to a dwelling on the same lot. The vertical walls of the pool
shall not be nearer to any street than that which is permitted by
the relevant setback requirements as per the Borough's ordinance.
No swimming pool shall be constructed within 10 feet of any rear or
side property lot line or any existing structure. No pool shall be
constructed at an elevation greater than 12 inches higher than the
unaltered existing ground elevation.
No pool shall remain with water therein or without an adequate
and safe cover for a period in excess of 30 days, unless the dwelling
house, to which it is an accessory use, is occupied.
Construction activities shall be undertaken in accord with all
governmental agencies including, but not limited to, the regulatory
requirements of the Freehold Soil Conservation District which include,
but are not limited to, the following: stone tracking pad; perimeter
silt fence; hay bale inlet protection; zero silt runoff from residential
property; no off-site discharge of construction dewatering activities.
No certificate of occupancy shall be issued by the Construction
Officer until endorsed by the Zoning Officer certifying that the completed
construction and development complies with the requirements of this
chapter. Prior to such endorsement, the Zoning Officer shall have
been provided by the owner at the time of inspection, three raised-seal
"as-built" surveys. These surveys shall clearly show all work done,
and the Zoning Officer at his discretion may require additional surveys.
The construction, maintenance and operation of all swimming
pools shall be in accordance with the current issue of the Swimming
Pool Code of New Jersey promulgated by the New Jersey Department of
Health, except where said Code differs in any respect from the provision
of this subsection. In such event the more restrictive provisions
shall control.
All swimming pools existing at the time of the passage of this
section shall be made to conform to provisions of this chapter.
[Ord. No. 94 §§ 13,
14, 15; Ord. No. 2010-5; New; amended 6-19-2019 by Ord. No. 2019-5]]
The Construction Official, the Health Officer and the police
shall have the power to inspect and reinspect the premises upon which
any swimming pool exists, and to advise and make complaints for any
violation hereunder.
a.
Every private swimming pool constructed, installed, and maintained
in the Borough shall, at all times, comply with any and all governmental
regulations including, but not limited to, all state and local health
codes. Any nuisance or hazard to health that may exist or develop
in or in consequence of or in connection with any such private swimming
pool shall be forthwith abated and removed by the owner, lessees or
occupant of the premises on which the pool is located, upon receipt
of notice from the Code Enforcement Officer of the Borough.
b.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this subsection. All complaints shall be filed with
the Code Enforcement Officer.
c.
The owner of any swimming pool within the Borough shall allow the
Code Enforcement Officer, Construction Official or other authorized
municipal official access to any swimming pool and appurtenances thereto
for the purpose of inspection to ascertain compliance with this subsection
and all other pertinent Borough ordinances, at all reasonable times.
b.
Upon a conviction, subsequent to the first conviction, of a violation
of any of the provisions of this chapter, the Judge of the Municipal
Court shall have the power to direct the owner or person in control
of the premises where the pool exists and where the violation occurred,
remove and dismantle such swimming pool within 60 days and to cause
any excavation to be filled and the ground made level.
