It shall be unlawful to use, maintain, establish
or construct a hot tub, noncommercial or private swimming pool without
first obtaining a zoning permit and construction permit from the appropriate
agencies.
In the event that the drainage shall be by discharge
into a municipal storm drain, no street opening shall be permitted
unless there is compliance with the Borough ordinance or ordinances
pertaining to street openings.[1]
All materials used in the construction of private swimming pools shall be approved by the Construction Official as provided in § 94-8.45 of Chapter 94, Zoning and Land Development. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be permitted. Construction and design of said pool shall be such that the same may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from pool overflowing onto adjacent public or private property.
There shall be no physical connection between
a potable public or private water supply system and such pools 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 or siphoned
into a potable water supply system.
A.
No water from a swimming pool shall be emptied or
discharged so that the same flows into, on or along a public street
or road.
B.
All private swimming pools hereafter constructed shall
be provided with not over one two-inch-diameter galvanized iron pipe
or approved equal drain so located as to completely drain the pool.
No filtering backwash water can be recirculated but must be disposed
of on the property.
C.
The pool shall be so situated that surface water shall
drain away from the pool.
All private swimming pools shall be so constructed,
installed and maintained as to provide necessary equipment for chlorination
and other disinfection and filtering, including a hair and lint catcher,
said filtering to comply with the following approved bacteriological
standards. Water treatment facilities shall be located below grade
or, if above grade, be enclosed by a suitable structure.
A.
Location restrictions.
(2)
Any hot tub shall be located only in the rear yard of a single-family residence and shall meet the setback requirements for a swimming pool in the zoning district in which it is located. Where the hot tub is located on a corner lot, the rear yard shall be deemed to be that portion of the property to the rear of the residence, but in all other respects, the lot and the setbacks shall satisfy the requirements of corner lots established in Chapter 94.
(3)
Hot tubs may be located within the dwelling unit or
they may be located on a porch, deck or patio, provided the hot tub
is within an area enclosed by a fence or wall that is not less than
four feet in height. Where the hot tub is located on a patio or deck
attached to the principal building.
B.
General provisions.
(1)
No private residential pool or hot tub shall be installed
on any lot unless said lot shall contain a residence.
(2)
Pools and hot tubs shall otherwise be installed, operated
and used in accordance with other health and safety ordinances regarding
water filtration, circulation and treatment.
(3)
Outdoor hot tubs shall be required to have a cover
capable of being locked.
(4)
No person shall be permitted to rent or open to the public a noncommercial
or private swimming pool or hot tub.
[Added 8-15-2022 by Ord. No. 2022-1101]
All private outdoor swimming pools and hot tubs
shall be surrounded by an appropriate pool barrier in accordance with
the New Jersey Uniform Construction Code.
The provisions of this article shall apply to
private swimming pools now existing which are located 200 feet or
nearer to any property line, and to any private swimming pools hereafter
constructed; provided, however, that as to swimming pools now existing
and not enclosed by a fence, there is hereby established a period
of 160 days from the effective date hereof within which to construct
such fence.
Every private swimming pool constructed or to
be constructed in the Borough shall at all times comply with the requirements
of this article and all health authorities having jurisdiction on
the premises, and any violation, nuisance or hazard to health which
may exist or develop in or in consequence of or in connection with
any such swimming pool shall forthwith be abated and removed by the
person in possession of such pool upon receipt of notice from the
Health Officer or other designated person so requiring.
Any person, firm or corporation violating any
provision of this article shall, upon conviction, be subject to a
fine of not less than $50 nor more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof. Each day that such violation
shall continue shall be deemed a separate offense.
