[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 4-15-1980 by Ord.
No. 80-12 as Art. I of Ch. 200 of the 1979 Code. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An outdoor or indoor swimming pool or swimming tank, whether permanently
installed, portable, collapsible or otherwise, having either an inside structural
depth in excess of 24 inches or a surface in excess of 120 square feet or
a capacity in excess of 1,400 gallons, constructed or maintained upon any
premises by any person for use by himself or herself, his or her family or
guests.
[Amended 5-23-2000 by Ord. No. 00-19]
Application for a permit shall be made on a form prescribed by the Construction
Code Official. There shall be filed with the application three sets of plans
and specifications or proper descriptive brochures, together with a plot plan,
drawn to scale, showing the entire lot upon which the pool is proposed to
be constructed. The plot plan shall indicate the exact size, shape and location
of the pool and its distance from the property lines and from all structures
on the lot and shall show the location of any overhead electrical conductors
in the pool area.
A.
The Construction Code Official shall issue a permit for the construction or installation of the pool if the application therefor shows compliance with this chapter and with the requirements of Chapter 186, Health Standards, the Building Code,[1] Chapter 347, Zoning, and other pertinent ordinances and regulations of the township.
B.
Upon receipt of an application, the Construction Code Official shall forthwith notify the Health Officer of the Township of Montclair of the receipt of the application, whereupon the Health Officer shall make an inspection to determine whether or not the proposed pool meets with the requirements of Chapter 186, Health Standards. After making such inspection, the Health Officer shall immediately notify the Construction Code Official, in writing, of his or her approval of the application or of his or her disapproval of the application and the reasons therefor.
No private swimming pool shall be constructed or installed on any lot unless there shall be located upon the lot a residence building as defined in Chapter 347, Zoning.
In the construction or installation of any private swimming pool, the
location of the pool shall meet the following requirements:
A.
The distance from any side lot line to the inside face
of the pool wall shall be at least 15 feet; provided, however, that a pool
may be located on a lot with a minimum distance of 10 feet between the side
lot line and the inside face of the pool wall if a hedge or dense shrub planting
at least four feet high is maintained between the area devoted to the pool
and the side lot line.
B.
The distance between the street on which the property
fronts and the inside face of the pool shall not be less than the existing
distance between the street line and the main front wall of any structure
on such property.
C.
The distance between the rear lot line and the inside
face of the pool wall shall be at least 10 feet.
D.
All pumps and filtration systems shall be kept at a maximum
distance from all property lines and shall be at least 10 feet from any property
line.
All outside lights for illumination of the pool and the area devoted
to the pool shall be so installed and maintained as to eliminate glare and
to prevent annoyance to persons on adjoining properties.
Pools shall be constructed and installed in such manner as to be waterproof
and susceptible of being readily cleaned. Sand or earth bottoms shall not
be permitted. The bottom and sides shall be either white or a light color.
No aluminum paint may be used as a finish.
No physical connection shall be made or permitted between potable water
systems and pool circulation systems. Potable water for makeup and filling
purposes shall be introduced into a pool by means of a discharge pipe turned
downward over a float-controlled surge tank or over the pool itself. In either
case, there shall be an air gap of at least six inches between the orifice
of the discharge pipe or hose and the pool or tank overflow level.
A.
Every pool constructed after February 13, 1957, shall
have one and only one discharge pipe for draining the pool. Such discharge
pipe shall be of galvanized iron or other type pipe approved by the Construction
Code Official not more than two inches in diameter, extending from the said
pool to either a storm sewer, brook, dry well or other surface drainage. The
discharge system shall be approved by the Township Engineer at the time application
for a permit is made. In arriving at his or her determination, the Township
Engineer shall have due regard for the capacity of storm sewers available
to the lot on which the pool is to be constructed and the feasibility of dry
wells and the availability of streams or brooks or other surface drainage.
Surface drainage shall not be permitted where such disposal of wastewater
will adversely affect any other properties.
[Amended 5-23-2000 by Ord. No. 00-19]
B.
No such discharge pipe shall be extended to or connected
with a sanitary sewer unless special permission shall first be obtained in
writing from the Township Engineer. In cases in which such special permission
is granted, no person shall discharge any water from a pool into a sanitary
sewer unless at least 48 hours' advance notice in writing has been given
to the Township Engineer and prior written permission has been obtained from
him or her.
[Amended 5-17-1988 by Ord. No. 88-23; 5-23-2000
by Ord. No. 00-19]
Every outdoor pool shall be completely enclosed by a fence or barrier of durable construction, at least four feet high, otherwise complying with the fence standards of Chapter 347, Zoning, and the Uniform Construction Code.[1] Any opening or mesh in the fence as finally constructed shall
not be greater than 16 square inches in area, except that a fence with rigid
bars or pickets spaced no more than four inches apart shall be permitted.
Every gate of such fence shall be kept securely locked at all times when the
pool is not in use.
[Amended 5-23-2000 by Ord. No. 00-19]
All electrical wiring for light and power in connection with swimming
pools shall be installed in strict accordance with the requirements of the
current National Electrical Code. All equipment must carry the seal of approval
of a nationally approved agency, and all wiring must be inspected and approved
by the Montclair Electrical Subcode Official.
[Amended 12-30-1980 by Ord. No. 80-67; 5-23-2000
by Ord. No. 00-19]
The Board of Adjustment shall have the power to authorize, upon application
in specific cases, variances from the terms of this chapter.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
