The words, terms or phrases listed below shall have the following meanings for the purpose of this chapter:
CONSTRUCTION
Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
PERSON
Any individual, firm, association or corporation.
PORTABLE POOL
Any above-surface pool which is not stationary or fixed, is capable of being removed for storage and has a capacity of more than 75 square feet.
PRIVATE SWIMMING POOL
Any pool other than a portable, public or private club swimming pool, having water depth in excess of 18 inches and an area greater than 75 square feet, which is designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees, and is located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; it shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers, or lakes, nor baths used for cleansing of the body or practice of the healing arts.
PUBLIC OR PRIVATE CLUB SWIMMING POOLS
Outdoor or indoor pools which are artificially constructed to provide recreation facilities for swimming, bathing or wading which are so constructed for general public use by a public entity or by a private organization exclusively for the use of organization members; does not include portable, private or wading pools as defined by this chapter.
WADING POOL
Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum water depth of 18 inches.
No private, public or private club
swimming pool shall be constructed or installed in or on the front yard of any property. “Front yard” shall mean the open, unoccupied space within and extending the full width of the lot, between the front property line and the parts of the building or structure nearest such property line. Further, no private, public or private club
swimming pool shall be located in any side or rear yard setback area established under Chapter
90, Zoning, of this Code.
Fencing, gates, doors and locks shall comply with the following regulations:
A.
Every swimming pool shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above lot grade, and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with any part of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the case of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein.
B.
Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection, unless such outdoor wading pool or portable pool is:
(1)
Emptied when not in use or unattended; or
(2)
Covered with a suitable, strong, protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.
C.
Notwithstanding anything to the contrary herein contained, all swimming pools which are not in use for any period in excess of 48 hours during the months of October through May shall be covered with a suitable protective cover fastened or locked in place. Such a covering shall be capable of supporting a minimum dead weight of 300 pounds.
D.
All portable pools must have at least one staircase or rigid ladder to provide easy access to the pool, which shall also be capable of being easily removed when the pool is unattended or not in use.
Where literal enforcement of any provision of this chapter would cause undue hardship to the owner of any premises, such owner may apply in writing to the Planning Board of the Borough of Lavallette for a variance excepting said owner from complying with the requirements of such provision. The applicant shall give notice of the application in the manner provided for in N.J.S.A 40:55D-11 to all owners of property within 200 feet of the premises involved in the application. The Planning Board shall hold a public hearing on the application to afford interested parties an opportunity to express their views thereon and may thereafter grant or deny such applications, subject to any additional requirements which it deems necessary to preserve public health and safety and prevent nuisances.
Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.