Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 47-1; Ord. No. 03-31, § I]
The words, terms or phrases listed below, for the purpose of this chapter, except when the context requires a different meaning, shall be defined as follows:
CONSTRUCTION
Shall mean building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
PERSON
Shall mean and include corporation, companies, associations, societies, firms and partnerships as well as individuals.
PORTABLE POOL
Shall mean any above surface type of swimming pool not designed or intended to be permanently affixed to the ground, and which is capable of being removed for storage.
PRIVATE SWIMMING POOL
Shall mean any artificially constructed swimming pool, permanent or portable in nature, having a depth of 24 inches or more and having a surface area of 250 square feet or more, which is designed, used or intended for swimming, bathing or wading purposes, and which is established or maintained upon any premises by any person for his own use or for the use of his family or for the use of guests of his household. It shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or practice of the healing arts.
WADING POOL
Shall mean any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum surface area of 75 square feet and a maximum water depth of 18 inches.
[1971 Code § 47-4; Ord. No. 03-31, § I]
a. 
It shall be unlawful hereafter to establish or construct or alter a private swimming pool without first having obtained a permit therefor in the manner hereinafter prescribed; provided, however, that no permit shall be required for any portable pool less than 18 inches in water depth at any point and with a water surface area of less than 75 square feet.
b. 
It shall be unlawful to establish, construct, alter or maintain a private swimming pool which is not in accordance with the provisions of this chapter.
[1971 Code § 47-5; Ord. No. 03-31, § I]
a. 
Application for permits for the construction, remodeling, altering and maintenance of any private or portable swimming pool, as defined in Section 15-1 hereof, shall be made to the Construction Department by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, location of septic systems, together with the type and height of fencing or enclosures as may be required by this section. No permit is required for wading pools.
b. 
No permit for a private swimming pool, as defined in this section, shall be issued by the Construction Official until the plans, specifications and plot plan have been approved by the Zoning Officer, Building Subcode Official, Electrical Subcode Official and Plumbing Subcode Official.
[1971 Code § 47-6; Ord. No. 03-31, § I]
Upon filing of the aforesaid application the fee stated in Section 5-15 shall be paid to the Construction Official.
[1971 Code § 47-2; Ord. No. 94-08, § I; Ord. No. 03-31, § I]
a. 
All private swimming pools, or additions thereto shall be completely surrounded and enclosed by a substantial self-supporting fence or wall of the type and dimensions hereinafter specified.
b. 
Whenever a fence or wall is required to be erected under the terms of this chapter, it shall be so constructed and erected in the following manner:
1. 
The fence shall form a barrier and be a minimum of 48 inches above ground level. Openings shall not be greater than four inches for vertical balusters with horizontal concentrated load of 200 pounds applied on a one square foot area at any point offence. Maximum mesh size for chain link fencing shall not exceed 1 1/4 inches square. Where their barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width.
Pedestrian gates shall open outward only, away from the pool, and shall be self-closing with a self-latching device. If the self-latching device is located less than 54 inches from the bottom of the gate, then the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate. The gate and the barrier shall not have an opening greater than 1/2 inch within 18 inches of the release mechanism.
2. 
A side of a building may be deemed to be part of a fence or wall, as the case may be.
3. 
In no event shall said fence or wall be constructed in such a manner or way as to be in violation of any existing ordinances or rules or regulations of the Township.
[1]
Editor's Note: Former subsection 15-3.2, Self-Engaging Locks for Gates, previously codified herein and containing portions of 1971 Code § 47-3, was repealed in its entirety by Ordinance No. 03-31.
[1971 Code § 47-8; Ord. No. 03-31, § I]
a. 
There shall be no physical connection between a potable public or private water supply system and such private swimming pools, wading pools or portable pools below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool overflow level. Potable water siphons will not be permitted to drain the aforesaid pools. The installation, repair and control of plumbing facilities shall comply with the plumbing and sanitary standards of the current adopted version of the National Standard Plumbing Code.
b. 
All circulating units shall have sufficient capacity to recirculate the entire contents of a pool within 24 hours or less.
c. 
All pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Township Committee during any period of emergency water shortage declared by a duly authorized public official.
d. 
Whenever any pool is a hazard to the health of the public, the Health Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by subsection 15-7g hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Township Committee by the owner of such pool. Said appeal, however, shall not stay the action of the Health Officer.
[1971 Code § 47-9; Ord. No. 03-31, § I]
All private swimming pools, wading pools or portable pools within a water depth of more than one-foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to those obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purposes of this section, the use of disinfecting agents approved by the National Swimming Pool Institute or such disinfecting agents as shall meet the same or higher standards shall be deemed compliance with this section.
[Ord. #03-31, § I]
All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
[Ord. #03-31, § I]
a. 
It shall be unlawful to use any temporary electrical appliances in a portable pool or wading pool. All electrical connections shall comply with the current adopted version of the National Electrical Code.
b. 
No artificial lighting shall be maintained or operated in connection with a private swimming pool, wading pool or portable pool in such a manner as to be a nuisance or an annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
[Ord. No. 03-31, § I]
a. 
In order to prevent the adverse consequences of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with the requirements of this subsection.
b. 
A lot grading plan shall be submitted to the Municipal Engineer in triplicate in sufficient detail to show the following:
1. 
The existing surface drainage pattern as it affects the subject property and all abutting land.
2. 
The location of any existing streams, watercourses, slopes, ponds, storm sewers or drainage facilities which relate to drainage of surface waters from or to the subject property.
3. 
The proposed location of the structure for which a construction permit is being sought.
4. 
The proposed elevation of the finished pool facility for the subject property.
5. 
The outer limits of all areas in which any grading, clearing or filling is proposed on the subject property.
6. 
Any proposed changes in the existing surface drainage pattern which will result from the construction proposed for the subject property, including any proposed changes on abutting lands.
7. 
When necessary, upon the Municipal Engineer's request, this lot grading plan must be prepared in a drawing form, signed and sealed by a professional engineer or land surveyor.
c. 
The Municipal Engineer's approval of a grading plan or revised plan shall be based on a determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Municipal Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of a property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this chapter.
d. 
Neither an occupancy/zoning permit nor a Certificate of Occupancy shall be issued for any property which is the subject of a lot grading plan until the Municipal Engineer has inspected the property and determined that the construction conforms with the lot grading plan.
e. 
If a Certificate of Occupancy is issued for a property prior to full compliance with a lot grading plan and full compliance is not effected by the date set forth in the report of the Municipal Engineer, the continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.
f. 
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions.
g. 
A lot grading inspection fee of $100 shall be paid with the zoning application.
h. 
In addition, any sidewalk, curbing or pavement on Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced in accordance with Township standards, prior to issuance of the Certificate of Occupancy.
i. 
Ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the reasonable satisfaction of the Municipal Engineer prior to the issuance of the Certificate of Occupancy.
[1971 Code § 47-7; Ord. No. 03-31 § I]
Applicant shall comply with all setback requirements for auxiliary buildings or structures contained in the Zoning Ordinance of the Township.
[1971 Code §§ 47-10, 47-11; Ord. No. 03-31, § I]
The following miscellaneous provisions shall apply:
a. 
Any nuisance which may exist or develop in or in consequence with any private swimming pool shall be abated and/or removed by the owners.
b. 
Whenever any private swimming pool, by reason of mechanical defects or lack of supervision, is, in the opinion of the Health Officer, polluted and detrimental to health, it shall be summarily closed.
c. 
Owners or persons in possession of private swimming pools shall allow the Health Officer and the Building Officials access to inspect said pool and the appurtenances at any time it may be required in the reasonable opinion of such officials.
d. 
Any accessory building, such as locker rooms, toilets and runaways, or any other physical facility or equipment incident to the maintenance and operation of any of the above described shall be in conformance with the rules and regulations of the Township of Millstone.
e. 
Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Township of Millstone shall at all times comply with the ordinances and State laws or regulations governing same. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located upon receipt of notice from the Health Officer of the Township of Millstone.
f. 
It shall be the duty of the Health Officer and/or the Building Officials and such other officials as designated by the Township Committee to enforce the provisions of this section.
g. 
The owner or operator of any pool within the Township shall allow said Health Officer and/or Building Officials access at all reasonable times to any private swimming pool or wading pool or portable pool and appurtenances thereto for the purpose of inspecting to ascertain compliance with this section and all other pertinent Township ordinances.
[1971 Code § 47-12; Ord. No. 03-31, § I]
Any person violating any provision of this chapter shall, upon conviction thereof by the Municipal Judge, be liable to the penalty stated in Chapter 1, Section 1-5 and every day that such a violation exists shall be constituted a separate offense.