[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 8-9-67 as Ord. No. 171A. Sections 127-8 and 127-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable]
Uniform construction codes -See Ch, 72.
Water — See Ch, 145.
Zoning — See Ch, 150,
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- Any production or piece of work artificially built up or composed of parts and joined together in some definite manner which requires location on the ground or attachment to something having a location on the ground and used accessory to a private residence.
- PORTABLE SWIMMING POOL
- Any watertight container open at the top resting on the ground, not exceeding four feet overall in height from existing ground level and capable of being wholly or partly filled with water or other liquid and so constructed that it may be readily taken apart and stored at the end of the swimming season.
- SWIMMING POOL
- Any watertight container open at the top having a depth of 12 inches or greater or a volume in excess of 100 cubic feet, constituting an accessory structure.
Any swimming pool, other than a portable swimming pool, which shall hereafter be constructed, reconstructed, altered or repaired to a major extent shall conform to the following requirements:
The water surface area shall not occupy more than ten percent (10%) of the total lot area.
All pool edges shall be a minimum distance of not less than six feet at any point from the nearest property line. Such minimum distance shall be the shortest distance measurable from the property line to the nearest inside face of such pool.
The highest point or top of any wall or side shall not be above the average ground elevation at the location of the pool prior to its construction.
It shall be self-supporting and waterproof and, in addition, shall be capable of resisting all external forces of the earth or any superimposed loads on the earth that may exist at the location of such pool and shall also be capable of withstanding the interior water pressures.
It shall not be constructed within 15 feet of the foundation wall of any dwellings situated on adjacent premises. For the purpose of this subsection, the term “adjacent premises” shall refer to any property other than the lot on which the swimming pool is to be erected or constructed.
It shall be completely surrounded with a walk having a minimum width of 2 1/2 feet constructed of hard-surface, semi waterproof material, such as concrete, tile, flag-stone or brick.
It shall not have a bottom slab below groundwater level unless special provisions are made for hydrostatic uplift.
Within 60 days of the effective date of this chapter, any swimming pool, other than a portable swimming pool, which has heretofore been or shall hereafter be constructed shall be completely surrounded with a fence having a minimum height of forty-eight (48) inches from the prevailing ground level, with no opening in excess of two inches wide, except gates or other access openings. All gates or access openings shall be equipped with a self-closing and self-latching device for keeping the gate or access opening securely closed at all times when not in actual use for purposes of ingress and egress. There shall be constructed beneath said fence a concrete coping to prevent the erosion of earth from beneath said fence.
Editor's Note: This chapter was adopted August 9, 1967.
Within 60 days of the effective date of this chapter, any portable swimming pool of 100 cubic feet or more in volume now or hereafter used shall either provide the fencing required by Subsection A above or, in lieu thereof, be equipped with a suitable strong cover which shall be put in place and secured at all times when said portable swimming pool is not in actual use. If such portable swimming pool is equipped with a ladder, stairway or ramp in order to facilitate entry into the same, such ladder, stairway or ramp shall be rendered unusable when said portable swimming pool is not in actual use.
Potable water for fill purposes shall be introduced by means of a pipe or spout so located as to be above the pool coping and with an air gap of at least six inches above the pool over-flow level.
Physical connections between potable water systems and pool water systems shall not be installed or operated unless the same is accomplished in a manner which would render impossible the discharging, mixing or siphoning of pool water into the potable water system.
No swimming pool or portable swimming pool shall be filled except between the hours from 9:00 p.m. to 12:00 midnight, local time, unless special written permission to the contrary has been first obtained from the Borough Clerk during his regular office hours. Such permission shall not be withheld if such filling during the requested time would not adversely affect the potable water supply requirements deemed needed for other water consumption purposes.
No swimming pool or portable swimming pool shall be drained into any sanitary sewer outlet except between the hours from 8:00 a.m. to 11:00 a.m., local time, unless special written permission to the contrary has been first obtained from the Borough Clerk during his regular office hours. Such permission shall not be withheld if such draining would not adversely affect the bacterial requirements deemed needed to efficiently treat the sanitary sewage in said system during the requested time.
No swimming pool or portable swimming pool shall be permitted to drain in such manner as to allow water to drain onto or across adjacent premises, or within any unimproved public right of way.
Every swimming pool or portable swimming pool shall be so constructed installed and maintained as to provide at all times, through the use of chlorinating, disinfecting, cleaning and filtering devices or other means, pool water of a quality which conforms to the standards established or hereafter established by the New Jersey Department of Health.
No person shall make, continue or cause to be made or continued, at any swimming pool or portable swimming pool, any loud, unnecessary or unusual noise which disturbs the peace, quiet and comfort of neighboring persons. No radio, phonograph or other device for producing or reproducing sound which may be heard by persons using said swimming pool or portable swimming pool shall be so used or operated as to disturb the peace, quiet and comfort of neighboring persons.
Any outdoor illumination which is used in connection with any pool or portable swimming pool shall be directed and shielded so as to avoid annoyance to persons on neighboring premises or streets. Such lighting units shall be of no greater intensity and of no greater number than necessary for safety purposes and shall reflect light away from neighboring premises.
[Amended 4-21-1986 by Ord. No. 7-86]
No swimming pool shall be constructed, reconstructed, altered or have repairs of a major nature unless there shall be first obtained from the Construction Code Official a building permit issued pursuant to the procedure set forth in the Zoning Ordinance of the Borough of Brooklawn.
Prior to use any swimming pool which shall be constructed, reconstructed, altered or have had repairs of a major nature, a certificate of occupancy shall be first obtained from the Construction Code Official.
This chapter shall be subject to such powers as may be exercised by the Planning Board by law and the Zoning Ordinance in respect to granting of variances, exceptions and enforcement thereof.
[Added 7-11-1988 by Ord. No. 11-88; amended pursuant to Ord. No. 2-89, adopted 1-9-1989]
[Amended 4-21-1986 by Ord.No. 7-86]
Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment not to exceed 90 days, or, both, in the discretion of the court. Each violation of this chapter shall constitute a separate offense, thereby subjecting the violator to a separate penalty for each said violation. Each and every day that any violation continues shall be considered a separate and specific violation of this chapter and not as a continuing offense.