As used in this chapter, the following terms shall have the
meanings indicated:
CONSTRUCTION
Includes the building or constructing of or installing a
new swimming pool or enlarging an existing swimming pool or any of
the facilities.
PORTABLE POOL
Any above-surface type of swimming, bathing or wading pool
and all equipment and appurtenances thereto, not designed or intended
to be stationary or permanently fixed but designed to be disassembled
for storage or transport. This includes portable pools with flexible/nonrigid
walls that achieve their structural integrity by means of uniform
shape, support frame or a combination thereof, and can be disassembled
for storage or relocated. No portion of a portable pool may be more
than 18 inches in the ground at existing grade.
SWIMMING POOL
Any private pool, or exercise spa, permanent residential
spa or portable residential spa (as defined by the International Swimming
Pool and Spa Code), whether permanently constructed or of the portable
type, having a depth of more than 18 inches below the level of the
surrounding land or any above-surface pool having a depth of more
than 36 inches, designed, used and maintained for swimming or bathing
purposes by an individual for use of the members of the household
and guests and located on the applicant's land as an accessory
use to a residence, and shall include all buildings, equipment, structures
and appurtenances thereto.
No person shall construct, erect, install or alter a swimming
pool in the Borough without first having obtained a permit therefor
and without complying with the provisions of this chapter.
Application for a permit under this chapter shall be made to
the Building Inspector and shall be accompanied by the following:
A. Plans and specifications or proper description brochures, in duplicate.
B. Plot plans, and/or survey, prepared by a licensed surveyor or engineer,
in duplicate, showing property lines of the premises upon which the
swimming pool is to be constructed or installed, all existing houses
and structures thereon, abutting streets and properties and the location
and dimensions of the proposed pool and its auxiliary structures,
including topographic information and spot grades in the affected
yard, as well as 10 feet onto all adjacent properties, to demonstrate
that the proposed pool construction will not impact drainage, and
on which the licensed professional has located the proposed pool and
certified that said location is accurate; the certification shall
also set forth the area of the rear yard and the area of the pool
and its accessory structures as calculated by the licensed professional
and a description of the enclosure or fence to be used.
C. Where the pool is installed on a corner lot, the side nearest the
street shall be screened with shrubs no less than four feet in height
above ground level.
D. A description, in duplicate, of the method of disinfection, treatment
and disposal of the water to be used.
E. Fees shall be as set in §
182-2.
F. After completion of the pool, the licensed professional shall certify
that the pool was constructed in the location as indicated on the
aforementioned survey.
G. In-ground swimming pool requirements.
(1) All pools which are set 18 inches or more into the existing grade
are classified as in-ground pools. A soil-moving permit must be completed,
showing the amount of soil to be disturbed, amount of soil to be removed
and amount of soil to be exported.
(2) Cut and fill calculations shall agree with the soil-moving permit.
(4) All seepage pits being installed shall have a percolation test.
(5) A site plan showing all topographical contours prepared by a registered
design professional.
(6) Total rear yard coverage for accessory structures and/or uses shall
not exceed 25%.
(7) In-ground pools shall be a minimum of 10 feet from all property lines
and shall not be nearer to any street line than 25 feet.
(8) Pool equipment, walkways, decking and pool patios shall be a minimum
of 10 feet from all property lines.
(9) Cabanas (not to exceed 150 square feet) shall be a minimum of five
feet from all property lines.
All materials used in the construction of swimming pools shall
be waterproof and 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. Inlets shall be so located
and spaced as to secure satisfactory dispersion of inflowing waters
throughout the pool, and to permit draining, cleaning and disinfecting
of the bottom and sides. Sand or earth bottoms shall not be used.
Electrical fixtures, wiring and installation thereof used in
connection with a pool shall conform to the standards of the National
Electric Code and the National Fire Protection Association for electrical
wiring and apparatus.
There shall be no physical connection between a potable (public
or private) water supply system and a swimming pool, or portable pool
or spa, at a point below the maximum flow 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.
All pools referred to in §
392-1 not equipped with facilities for the recirculation and reuse of the pool water may be subject to closure by order of the Board of Health during any period of emergency water shortage.
No public water shall be used in connection with the operation
of any private swimming pool during any time when restrictions are
imposed upon the use of such public water.
Every pool shall be equipped with such filtration, circulation,
clarification and chlorination systems as may be required under regulations
of the Borough Board of Health to maintain the water in a clean and
healthful condition.
Whenever any pool set forth in §
392-1, by reason of mechanical defects or failure to comply with the requirements of this chapter, is a hazard to the health of users thereof, the health officer may summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool, which appeal shall not stay the action of the health officer.
The Joint Land Use Board may, by resolution, grant a variance
of the provisions of this chapter in specific cases, consistent with
public safety and the general provisions and intent of this chapter;
provided, however, that when any question of sanitation is involved,
such variance may be allowed only if the same is also recommended
by resolution of the Board of Health and it has been thereby determined
and declared that such variance will not be harmful to public health.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not less than $500
nor more than $1,000, or by imprisonment for a term not exceeding
90 days, or both.