[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 12-21-1970 by Ord. No. 655; amended in its entirety 11-7-2022 by Ord. No. 1745.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. No. 1058.
For the purpose of this chapter, except where the context requires a different meaning, the following words shall be defined as follows:
PERSON
Natural persons, firms, corporations, partnerships and associations, as the case may be.
POOL
Any private swimming pool, stream, plunge-bathing or wading pool or other body of water or portion thereof of more than 250 cubic feet capacity, used by any person for swimming or bathing, whether located indoors or outdoors and whether natural or of artificial construction, and shall include all buildings, structures, premises, beaches and appurtenances used in connection therewith.
Pools shall only be permitted in residential zones (SF-D1, SF-D2, SF-D3, SF-A and MF). Pools shall be limited to rear and side yards. Aboveground pools shall be considered to be an accessory use, and in-ground pools shall be considered a conditional use.
A. 
It shall be unlawful for any person to establish or construct any pool in the Borough of Collingswood without first having obtained a permit therefor in the manner hereinafter provided.
B. 
An application for such a permit shall be made to the Zoning Officer of the Borough of Collingswood and shall consist of:
(1) 
A survey showing the lines of the premises, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the proposed pool, its auxiliary structures and any associated hardscaping. A permanent pool shall be located in conformity with existing Borough ordinances.
(2) 
Plans and specifications for the proposed pool and all auxiliary structures and appurtenances related thereto.
(3) 
A grading plan for the proposed pool and all its auxiliary structures and any associated hardscaping.
(4) 
A description of the method of disinfection, treatment and disposal of the water to be used by the owner or operator of the pool.
(5) 
Fees pursuant to the Uniform Construction Code and other applicable codes.
C. 
The Zoning Officer shall, within 30 days after receiving a properly executed application for such permit, act upon the application in one of the following ways:
(1) 
Approve the application as submitted and cause the permit to be so issued.
(2) 
Deny the application for failure to satisfy the requirements of this chapter.
D. 
In the event of the Zoning Officer's denial of the application, the applicant shall have the right to appeal the Zoning Officer's decision to the Borough's Joint Land Use Board, which appeal must be filed within 30 days of the Zoning Officer's decision.
E. 
No person shall make changes, alterations or modifications in any pool, if such changes, alterations or modifications are of a nature which may affect the public health, until such plans and specifications therefor shall first have been submitted to and approved by the Zoning Officer. When granting such approval, the Zoning Officer may require such changes, alterations, modifications or conditions as the Zoning Officer deems that public health may require. The granting of the permit shall be made subject to the compliance by the applicant with the provisions of this subsection.
F. 
The permit shall be on a form prescribed by Borough's Administrator, Engineer and Zoning Officer subject to the provisions of this chapter and to such additional sanitary safeguards in respect to the particular premises to be so used as determined that public health safeguards may require. The permit shall be made available for inspection at the swimming pool and may be revoked for cause by the Zoning Officer for violation of the terms of this chapter. The Zoning Officer's decision to revoke the permit may be appealed to the Borough's Joint Land Use Board.
Artificial lighting used in connection with a pool shall be located so that light is neither directed nor reflected upon neighboring properties as to be a nuisance or annoyance.
A. 
Every pool shall be completely enclosed by a fence or wall of durable construction having at least one gate or door of equally durable construction. All gates and door openings through such enclosure shall be equipped with self-closing and self-latching devices which are at least three feet above ground level and so designed as to be kept securely closed when not in use. The fence or wall shall be so constructed as to prevent any person from gaining access beneath or through such fence or wall except by a gate or door as described above. All such gates and doors shall be kept closed at all times except when open for the purpose of ingress and egress. No portion of the fence or wall shall be installed less than three feet from the nearest point of the water in the pool. Fencing should be constructed in conformance with the requirements of § 141-65, Fences and walls, of the Collingswood Borough Code.
B. 
Pools with vertical sides less than four feet above ground level shall be enclosed with a fence at least four feet in height, so constructed and placed as to prevent access to the pool by small children. Stairs or steps leading up to the pool edge shall also be enclosed as aforesaid or, if portable, shall be removed when not in use. All gates in said fence shall be self-latching.
Artificial pools shall be 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 all times. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit the draining, cleaning and disinfecting of the bottom and sides.
A. 
Standards. The physical, chemical and bacterial qualities of the water shall comply with the latest recommendations made by the American Public Health Association and by the New Jersey State Department of Health.
B. 
Revocation of permit. Failure to maintain the sanitary quality of the water prescribed by this section or to restore such water to the required quality within the time directed by the Borough's Zoning Officer shall be deemed sufficient cause for revocation of permit.
C. 
Pollution of pool. Urinating, defecating, expectorating or blowing the nose in any pool is prohibited and hereby declared unlawful.
D. 
Communicable disease. It shall be a violation of this chapter for any person having skin lesions, sores or inflamed eyes, mouth, nose or ear discharges or who is the carrier of any communicable disease to knowingly use any pool.
Whenever any pool, by reason of mechanical defects, lack of proper supervision or failure to comply with the requirements of this chapter, is a hazard to the health of the users thereof, the Zoning Officer is authorized to summarily close such pool and to keep such pool closed until no further hazards to users of the same exist, subject to the right of appeal to the Borough's Joint Land Use Board by the owner or operator of such pool, which appeal shall not stay the action of the Zoning Officer.
There shall be no physical connection between a potable (public or private) water supply system and a pool at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool unless such physical connection is so installed and operated that no pool water can be discharged into such potable water supply system.
A. 
The discharge of any wastewater shall in no case cause a nuisance. The drainage waste from any pool shall be discharged into a sand-filtering bed or, if not practicable, into a seepage pit or storm sewer, if accessible, or any other method approved by the Board of Commissioners. No pool shall be constructed so that its drain outlet shall connect in any manner to any sanitary sewage.
B. 
All pools not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Board of Commissioners during any period of emergency water shortage.
The Borough's Zoning Officer may cause any pool subject to this chapter to be inspected for compliance with the appropriate codes, and any violation shall be subject to the enforcement procedures therein.
A. 
It shall be the duty of the Borough's Zoning Officer, appointed by the Board of Commissioners, to enforce the provisions of this chapter.
B. 
The owner or operator of any pool within the Borough of Collingswood shall allow Borough's Zoning Officer access to any pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.
Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed the sum of $1,000, imprisonment in the county jail for a term not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof. Any corporation or association violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000, which may be recovered in an action of debt. Every day that such violation continues shall be deemed to be a separate offense.