[HISTORY: Derived from Ch. BH:VIII of the 1974 Code; amended in its entirety 8-14-2018 by Ord. No. 0-18-24. Subsequent amendments noted where applicable.]
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violation is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of the code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The code established herein is described and commonly known as the International Swimming Pool/Spa Code 2015 or most recently adopted code by the State of New Jersey.
Three copies of the International Swimming Pool/Spa Code 2015 have been placed on file in the office of the Township Clerk and shall remain on file for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming pool until permits therefor are issued by the Board of Health.
See Chapter 139.
Permits issued for the operation of a swimming pool shall expire annually on April 30, and applications for renewal shall be submitted, together with the required fee, prior to May 1 of each year.
Permits required by this chapter or code may be denied or suspended by the Board of Health and/or Howell Township Building Department for failure to comply with this chapter or code.
The Board of Health and/or Howell Township Building Department shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board's decision as hereafter provided by Section 2 of this code.
There is hereby established an Administrative Review Committee to be made up of the Township Engineer, the Land Use Officer and the Construction Official of the Township of Howell.
The function of said Committee will be to review the submission of a swimming pool permit application where the property applying for said permit backs up to any buffer or open space area affected by the various buffer requirements within the Township of Howell. This Administrative Review Committee shall have the authority to review said buffer issue as it affects an original pool permit or a supplemental pool permit concerning updates or modifications of said swimming pools. Said Committee may grant a waiver from the restrictions or prohibitions of locating the pool within an individual property as a result of a buffer as established by Township ordinance. This Committee shall have no power in regard to the review of any issue involving any other Township required provisions, i.e. setbacks, lot coverage, etc.
In the event any property owner is aggrieved as a result of the action taken by said Administrative Review Committee, they may appeal same to the Township's Zoning Board of Adjustment.