[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as Ch. XIV (Ord. No. 157) of the 1970 Revised General Ordinances. Amendments
noted where applicable.]
No person shall construct, maintain or operate within the borough any
private open swimming pool, portable or permanent, or wading pool until a
permit shall have been obtained in accordance with this chapter. This chapter
shall not govern or regulate a portable wading pool, provided that all parts
for such pool are portable and no part of it is permanently installed.
As used in this chapter, the following terms shall have the meanings
indicated:
Any pool designed, used and maintained for swimming purposes by any
individual for use by his household and guests and located on a lot as an
accessory use for a residence.
Any artificially constructed pool, not designed or used for swimming,
with an area not exceeding 120 square feet and a maximum depth not exceeding
15 inches.
A.
An application for a permit to construct a private swimming
pool or wading pool shall be made to the Construction Official and the Board
of Health, and shall include final plans and specifications essentially comprised
of the following data:
(1)
Detailed plot plan of the entire property, showing the
accurate location of existing buildings and the proposed pool, together with
proposed bath houses or cabanas, drawn to scale, with pertinent dimensions
and grade elevations shown in figures at pool, building and property lines.
The plot plan shall show the location, height and type of all proposed fencing
or enclosure as hereinbelow required around the pool.
(2)
Pool layout, construction and dimensions, including piping
arrangement, pumps and all other pool appurtenances.
(3)
Details and specifications for water treatment units,
with operating instructions thereto.
(4)
Details of disposal facilities for filter waste water
and provisions for emptying the pool.
B.
Specifications for construction of the pool shall accompany
all detailed plans and final reports. The plot plan shall be signed by the
owner or his agent and a duly licensed engineer or registered architect or
land surveyor of New Jersey.
C.
No permit for a private swimming pool or wading pool
shall be issued by the Construction Official until the plans, specifications
and plot plans have been approved by the Borough Engineer and a plumbing permit
issued by the Board of Health of the borough, and such approval has been properly
certified on the plans. The application shall be forwarded by the Construction
Official to the Board of Health and the Borough Engineer for approval. Approval
or rejection shall be made in writing within 10 days from the date of application
to the Construction Official.
[Amended by Ord. No. 306; Ord. No. 362]
A fee of $200 shall be paid to the borough for a private swimming pool
or wading pool permit. Such fee shall be exclusive of the building permit
fee required for erection of the pool and any accessory structure to be used
in connection therewith under the building code of the borough. The fee shall
be paid to the Borough Clerk prior to the time application to the Construction
Official is made. The fee shall cover the cost of processing the application
and will not be refunded in the event of rejection by a borough official.
No private swimming pool or wading pool shall be erected 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 follows:
A.
In all residence districts, street and lot line setbacks shall be in accordance with Chapter 220, Zoning, which may be amended at future times to regulate buildings and structures according to their construction and the nature and extent of the use of land.
B.
In business districts, minimum setback from the street
right-of-way line shall be 20 feet; minimum setback from the side property
line shall be 20 feet; and minimum setback from the rear property line shall
be 20 feet.
A.
Standards for construction and maintenance. All material
used in the construction of private swimming pools and wading pools shall
be waterproof and easily cleaned. Uncovered sand or earth bottoms shall not
be permitted. The construction and design of the pools shall be such that
they may be maintained and operated so as to be clean and sanitary at all
times. The owners of every private swimming pool or wading pool shall be responsible
for maintaining the pool in such condition so as to prevent breaks in the
pool chassis or water from the pool overflowing into adjacent property, private
or public. The immediate area surrounding the pool shall be designed to slope
away from the pool so that all surface water will drain away from the pool.
B.
Height of pool. The top of the peripheral walls of the
pool shall at no point be more than five feet above the natural elevation
of the land and no more than 30% (based on the linear peripheral measurements)
of such walls shall extend more than three feet above the natural elevation
of the land.
[Amended by Ord. No. 165]
C.
Grading. Extending from the top of the wall which retains
the water in the pool to a distance of four feet from the water's edge, there
shall be an area or marginal strip with a gradient of not more than 1% measured
at right angles from the face of the wall at the water's edge. From the outer
edge of the marginal strip the land shall be graded to a slope not exceeding
one foot vertically to each three feet horizontally to meet the original contour
of the land.
[Amended by Ord. No. 165]
A.
There shall be no physical connection between a portable
public or private water supply system and such private swimming pools or wading
pools at a point below the maximum water line of the pool or to a recirculating
or heating system. All swimming pools and the water used shall be of the following
types:
B.
If a filter system is used, it shall be with a pressure
sound filter or an approved equal. If the fill and draw type is used, water
shall be changed often enough to maintain a satisfactory standard bacterial
quality of the water. Swimming pool water must be chemically treated. Pool
water should be tested periodically for residual chlorine and pH. The residual
chlorine content should range from a minimum of two to a maximum of six parts
per million (ppm) at any time the pool is in use. The pH of the pool water
should range from neutral (7.0) to slightly alkaline (7.6).
All private swimming pools shall be treated with chlorine or its compounds
in sufficient quantity so that there will be present in the water at all times
when the pool is in use a residual of excess chlorine of not less than two
parts per million of available free chlorine.
Not more than 20% of the samples of water taken from any private swimming
pool, when more than 20 samples and not less than three samples have been
examined, shall contain more than 200 bacteria per cubic centimeter or shall
show positive test (confirmed) for coliform in any of five ten-cubic-centimeter
portions of water at times when the pool is for use. For the purpose of this
section, any number of samplings of water on a single day shall be considered
as one sample. The Board of Health is authorized to take samples to ensure
compliance with these requirements.
All private swimming pools and wading pools hereafter constructed within
the borough shall be provided with one drainage outlet not in excess of three
inches in diameter, extending from the pool to either a brook, storm sewer
or lawn sprinkling system on the premises on which the private pool is located.
The discharge of water from such private swimming pools into a brook or storm
sewer shall only be permitted following approval by the proper state, county
and/or municipal official as the case requires. Approval of an application
shall only be given if it is feasible to discharge water from the pool into
an accessible brook or storm sewer, or to use such water for the purpose of
lawn sprinkling on the premises. Approval shall not be given to discharge
water at the curb or on the surface of any street.
[Amended by Ord. No. 251]
A.
Required. The pool area shall be completely enclosed
with a fence or secure enclosure of durable construction, so constructed as
to prevent the passage of a small child. The fence shall be no less than 48
inches in height, and any gate thereof shall be kept securely locked at all
times when the pool is not in use. A sign measuring not more than one square
foot in area and stating "Private - No Admittance" may, at the discretion
of the owner, be placed on the outside of all gates or doors leading into
such private swimming pool.
B.
Temporary fencing required during construction. During
construction of the swimming pool, there shall be erected a temporary fence
of at least 48 inches in height and shall be maintained during construction
by the owner of the property.
A bath house is not required; however, any such construction, including screened enclosure, must conform to accessory building construction as defined and governed by the building code and Chapter 220, Zoning, of the borough.
[Amended by Ord. No. 195]
A.
Standards; fences. Plastic pools, the construction elements
of which are portable when the pool is not in use, shall be subject to the
same health standards and controls set forth in this chapter, with the exception
that if any plastic pool shall rise 48 inches or higher vertically from the
ground then no fence or gates shall be required to enclose the pool.
B.
Application. Applications shall be filed with the Borough
Clerk and a fee of $10 paid for each such installation. Each application must
be approved by the Building Inspector and the Board of Health. Approval or
rejection shall be made in writing within 10 days from the date of application
to the Clerk. The fee shall cover the cost of processing the application and
will not be refunded in the event of rejection by the borough.
C.
Storage. The storing of the pool and replacing it for
use in the same location shall not be considered a new installation; however,
if the location of the pool is changed, this shall be considered a new installation
and shall be subject to a new application and fee of $10.
D.
Ladders. The owner or person in charge of a pool shall
be required to take up the access ladder when the pool is not in use.
Every private swimming pool or wading pool, as defined herein, constructed
or to be constructed in the borough shall at all times comply with the requirements
of the Board of Health of the borough. Any nuisance or hazard to health which
may be created or caused in connection with any such swimming pool shall be
abated and removed by the owner, lessee or occupant of the premises on which
the pool is located within 10 days after receipt of written notice from the
Building Inspector, Borough Engineer or Board of Health.