[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 11-22-1967 by Ord. No. 1967:179 as Ch. 95 of the 1967 Code. Amendments noted where applicable.]
The words, terms or phrases listed herein, for the purpose of this chapter, shall be defined as follows:
- PRIVATE SWIMMING POOL
- Any pool, tank or plunge designed, used and maintained for swimming purposes by an individual for use by his or her household and guests and located on a lot as an accessory use to a residence. Unless otherwise qualified, the term "private swimming pool" shall be construed as including both artificial and partly artificial pools. The term "partly artificial pool" shall mean a pool formed from a natural body of water which has either so limited a flow or such an inadequate flow that water must be maintained by artificial means. The term "artificial pool" shall mean a pool composed entirely of artificial construction.
- WADING POOL
- Any artificially constructed pool not designed or used for swimming.
Application for permits for the construction and maintenance of any private swimming pool, wading pool, tank or plunge, as herein provided, shall be made to the Building Inspector by the owner of the property or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any proposed accessory buildings as heretofore mentioned. The plot plan shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, together with the type and height of fencing or enclosure as may be required by § 176-5 of this chapter. The application shall disclose the total cost of all improvements to be made in connection with the construction of the private swimming pool.
[Amended 10-12-1977 by Ord. No. 1977:315]
Applicants shall pay to the Borough of Closter a fee as set forth in Chapter A301, Fees and Deposits. This private swimming pool permit fee shall be exclusive of the permit fee required for any accessory structure to be used in connection with such swimming pool.
[Amended 10-13-1971 by Ord. No. 1971:226; 10-12-1977 by Ord. No. 1977:315]
No permit for a private swimming pool or wading pool shall be issued by the Building Inspector until the plans, specifications and plot have been approved by the Sanitary Inspector and Borough Engineer and such approval has been properly certified on the above plans. Such approval must be directly obtained from the Sanitary Inspector by the applicant.
None of the installations as set forth in § 176-1 hereof shall be erected or placed nearer to a street property line or nearer to a side or rear property line than herein set forth for the respective zoning districts as set forth in the Zoning Ordinance, as follows:
Pools are not permitted in any other zone or district. Any pool shall be located not less than twenty (20) feet from any individual sewage disposal system. The drain outlet of any pool shall not connect in any manner to any component of any individual sewage disposal system nor shall the discharge drain into any sewage disposal system.
Water supply. There shall be no physical connection between a potable water, public or private supply system and such private swimming pool at a point below the maximum water level 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.
Water purity. The physical, chemical and bacterial qualities of the water in private swimming pools shall comply with the latest requirements made by the American Public Health Association and by the New Jersey State Department of Health.
Design requirements. Private swimming 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. The interior of the pool shall be constructed with a smooth finish. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing water throughout the pool and to permit draining, cleaning and disinfecting of the bottom and the sides.
Any private swimming pool, wading pool, tank or plunge installed or placed two hundred (200) feet or less from any property line of the lot or plot upon which the same is situated shall be enclosed by a substantial fence no less than six (6) feet in height, so constructed as to prevent, within reason, any person from gaining access beneath or through said fence and which shall have a similarly substantial gate of the same height as the fence with facilities for locking said gate when the pool is unguarded or unattended.
[Amended 10-8-1975 by Ord. No. 1975:275]
No provision contained within this section, however, shall be applicable where a private swimming pool now existing or hereinafter constructed is located on a plot not less than two hundred (200) feet from the front property line and where there is present on the side and rear property lines walls or fencing, the height of which shall conform with provisions relating to fences under the relevant section of the Zoning Ordinance of the Borough of Closter and which shall be constructed to prevent within reason any person from gaining access beneath or through said fencing.
Any fence required to be constructed pursuant to this section shall be subject to the provisions of Chapter 103, Fences, of the Code of the Borough of Closter and shall require the issuance of a fence permit pursuant to § 103-1 of the Code of the Borough of Closter.
[Added 10-12-1977 by Ord. No. 1977:315]
No artificial lighting shall be maintained or operated in connection with any private swimming pool, wading pool, tank or plunge in such manner as to be a nuisance or an annoyance to neighboring properties.
Any nuisance which may exist or develop in or in consequence of or in connection with any private swimming pool, wading pool, tank or plunge shall be abated and/or removed by the owners.
Whenever any private swimming pool, wading pool, tank or plunge, by reason of mechanical defects or lack of supervision, is, in the opinion of the Board of Health, polluted and detrimental to health, it shall be summarily closed.
Owners or persons in possession of private swimming pools, wading pools, tanks or plunges shall allow the Sanitary Inspector and the Building Inspector access to inspect said pool and the appurtenances at any time that may be required by the Board of Health or the Building Committee of the Borough Council.
The Board of Health may cause any pool, tank or plunge subject to this chapter to be inspected for compliance with the Plumbing Code of the Borough of Closter.
Any accessory buildings such as locker rooms, bathhouses, cabanas, shower rooms, toilets, runways or any other physical facility or equipment incident to the operation of any of the above described shall be in conformance with the rules and regulations of both the Board of Health and the Building Code of this borough.
The provisions of this chapter shall apply only to private swimming pools, wading pools, tanks or plunges of a permanent nature.
It shall be unlawful to construct or establish a private swimming pool, wading pool, tank or plunge, as herein defined, without having obtained a permit therefor in the manner hereinabove prescribed.
Any person or persons who permit, take part or assist in any violation of this chapter shall, upon conviction for each and every violation thereof, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.