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.
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.
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.
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.
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.
All types of swimming pools to be located within residential side or rear yards are governed by the provisions of § 94-8.45 of Chapter 94, Zoning and Land Development.
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.
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.
No private residential pool or hot tub shall be installed on any lot unless said lot shall contain a residence.
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.
Outdoor hot tubs shall be required to have a cover capable of being locked.
No artificial lighting shall be maintained or operated in connection with said pool in such a manner as to be a nuisance to or an annoyance to neighboring properties.
All outdoor light fixtures for a swimming pool or hot tub shall comply with the requirements of § 94-8.22 of Chapter 94, Zoning and Land Development.
No overhead electric lines shall be carried across any swimming pool or wading area.
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.