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:
A. The water surface area shall not occupy more than ten
percent (10%) of the total lot area.
B. 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.
C. 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.
D. 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.
E. 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.
[Amended 8-2-1971]
F. 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.
G. It shall not have a bottom slab below groundwater level
unless special provisions are made for hydrostatic uplift.
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]
A. 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.
B. 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.
C. 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.