City of South Amboy, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: 1984 Code §§ 147-1—147-3 as amended through December 31, 2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
PRIVATE SWIMMING POOL
Any artificially manufactured or constructed swimming pool or tank, permanently or temporarily established or maintained on any premises by an individual for his own or his family's use or the use of guests of his household, which has a capacity for a water depth of more than 18 inches, and whether maintained above or below ground level.
PRIVATE WADING POOL
Any artificially manufactured or constructed swimming pool or tank, permanently or temporarily established or maintained on any premises by an individual for his own or his family's use or the use of guests of his household, which has a capacity for a water depth of 18 inches or less, and whether maintained above or below ground level.
A. 
Restrictions. No public swimming pool shall hereafter be constructed or installed in any residential zone of the city as set forth in the zoning regulations in Chapter 53, Development Regulations.
B. 
Permit required. No private swimming pool shall hereafter be constructed, installed or maintained without a permit obtained in the manner described in Subsection C. No permit shall be required for the construction, installation or maintenance of a wading pool.
C. 
Permit; application.
(1) 
Application for a permit shall first be made to the Zoning Officer to determine whether a private swimming pool will be in compliance with the ordinances of the City. Upon obtaining a zoning permit, the applicant shall make application to the Construction Official as required in Subsection C(2).
(a) 
Three sets of plans and specifications or descriptive brochures.
(b) 
A plot plan drawn to scale, showing:
[1] 
The entire lot on which the pool is to be constructed, installed or maintained and indicating the exact size, shape, depth and location of the pool.
[2] 
The type, height and location of the fence.
[3] 
The distance from the pool to property lines and to all other structures on the lot.
(c) 
An application fee of $35 pursuant to Code Section 46-3 for a residential zoning application fee.
(2) 
Application for a permit shall be made on a form required by the Construction Official to disclose the information necessary to determine whether a private swimming pool will be in compliance with the ordinances of the city and the laws of the State of New Jersey. The application shall be delivered to the Construction Official with the following:
(3) 
The Construction Official shall forward the application with one copy of the plans and specifications to the Health Officer for approval. On the approval of the Health Officer, and if the proposed pool complies with this chapter and the ordinances of the city and the laws of New Jersey, the Construction Official shall issue the permit.
Editor's Note: See also Ch. 53 Development Regulations.
D. 
Location.
(1) 
A private swimming pool is a structure and an accessory building and shall be planned to comply with the zoning provisions of Chapter 53, Development Regulations. No private swimming pool, however, shall be constructed or installed nearer than five feet from any property line. No private swimming pool shall be constructed on any lot or plot without a residence, and no property shall be subdivided if the result will be that the pool will be separated in ownership from the residence property to which it was originally attached.
(2) 
No deck, patio or diving platform shall be constructed or installed nearer than three feet from any property line.
E. 
Fencing. A private swimming pool shall be enclosed with a substantial fence and gate of a permanent nature not less than four nor more than six feet high, and the gate shall be provided with a lock. No part of the fence shall be closer than five feet to any part of the pool, and the side of the fence closest to the residence shall be constructed with a mesh material that does not restrict vision. Any opening or mesh in the fence as finally constructed shall be no greater than 16 square inches in area.
F. 
Filtration system pump. If the pool is required to have a filtration system and pump, the pump shall be located at a maximum distance from all property lines, and in no event shall it be nearer than three feet to any property line.
G. 
Lighting. All artificial lighting of the pool area shall be shielded from direct view of neighboring properties, and no artificial lighting shall be maintained or operated which will be a nuisance or an annoyance to neighboring property owners.
Any person violating 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 not more than 90 days, or both.