[HISTORY: Adopted by the Borough Council of the Borough of Verona 2-20-1973 as Ord. No. 1-73. Sections 129-13 and 129-17 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The words, terms or phrases listed below, for the purpose of this chapter, shall be defined and interpreted as follows:
- PERMANENT PRIVATE SWIMMING POOL
- All private swimming pools as defined in this chapter which are permanently installed where any part is below grade, except in cases where the pool or portion thereof is below grade as a result of leveling, and having either an inside structural depth in excess of twenty-four (24) inches or a surface area in excess of one hundred twenty (120) square feet or a capacity in excess of one thousand four hundred (1,400) gallons. Any pool shall be considered permanent if constructed of masonry material.
- PORTABLE SWIMMING POOLS
- Any aboveground swimming pool that is constructed and which is not designed or intended to be stationary or permanently fixed, but one which is so designed to be removable and stored each year and which has either an inside structural depth in excess of twenty-four (24) inches or a surface area in excess of one hundred twenty (120) square feet or a capacity in excess of one thousand four hundred (1,400) gallons.
- PRIVATE SWIMMING POOL
- Any artificially constructed swimming pool or tank established or maintained upon any premises in a residential area or zone by any individual for his own or his family's use or for guests of his household.
- WADING POOL
- Any pool not permanently installed and having less than a twenty-four-inch depth and less than one-hundred-twenty-foot surface area or less than a one-thousand-four-hundred-gallon capacity.
It shall be unlawful to establish or construct a swimming pool within the Borough of Verona without first having obtained a permit therefor in the manner hereinafter prescribed.
Applications for permits for a private swimming pool shall be accompanied by three (3) sets of plans and specifications or suitable descriptive brochures and shall be made on such form or forms as may be required by the Building Inspector, Health Officer and Borough Engineer, together with a plot plan drawn to scale showing the entire lot upon which the pool is proposed to be constructed and indicating thereon the exact size, shape and location of said pool and all other structures on said lot and the distances of the pool from the property lines and all structures on said lot.
The Building Inspector shall issue a permit for the construction or installation of a swimming pool, provided that same complies with the provisions of this chapter, the Building Code and Zoning Ordinance and provided further that the application for same has been approved in writing by the Health Officer and Borough Engineer of the Borough of Verona.
No permit is needed for swimming pools recognized according to this chapter as "wading pools."
All materials used in the construction shall be of a durable quality and waterproof and easily cleaned. Sand or earth bottoms shall not be used. Aluminum paint shall not be permitted.
Existing property grade should not be changed during installation so as to adversely affect natural drainage and runoff water in adjoining properties.
There shall be no physical connection between a portable, public or private water supply system and such pools or their circulating systems. Portable water for makeup and filling purposes shall be introduced by means of a discharge pipe over a float-controred surge tank or over the pool itself and have an air gap of at least six (6) inches between the orifice of the supply pipe and the pool or tank overflow level.
Private swimming pools may be filled with water from the water system of the Borough of Verona or from a suitable well approved by the Borough of Verona Health Officer. The Borough of Verona water system shall not be used in connection with the operation of a private swimming pool during any time when restrictions are imposed upon the use of public water.
Filling of pools shall take place at such time designated by the officer of the Borough Engineer.
Private swimming pools shall be equipped with facilities for drainage and/or backwash with not larger than a two-inch discharge hose or equivalent. Drainage or backwash should be directed to an accessible storm sewer or adequate dry well or surface runoff; where, however, only the sanitary sewer system is available, discharge of pool water into such sanitary sewer system shall be at the discretion and written permission of the Borough Engineer. Surface drainage shall not be permitted where such disposal shall adversely affect any other properties or cause a nuisance or hazard to the general public.
Filtering. All private swimming pools installed in the Borough of Verona shall be equipped with an adequate filtration system capable of turning over the entire pool water capacity at least once in eight (8) hours. All circulating pumps should be housed with a suitable strainer or screen to remove solids, debris, hair, lint, etc.
Disinfecting. All swimming pools shall be chlorinated or otherwise disinfected so as to maintain a supply of chlorine or other approved disinfecting agents at all times equivalent to four-tenths (0.4) to one and zero tenths (1.0) parts per million of free available chlorine. Disinfection and filtration of pool water shall comply to approved bacteriological standards which may be promulgated by the Health Officer of the Borough of Verona. Equipment necessary for daily chemical testing shall be kept on the premises at all times when the pool is in operation.
All private permanent swimming pools shall not be constructed nearer than ten (10) feet to any property line. All private portable pools shall not be constructed nearer than ten (10) feet to any property line. The pool shall be installed and maintained in accordance with the setback requirements of the Zoning Ordinance, and no swimming pool shall be erected in the side or front yards of the property. All filteration equipment and pumps shall be located not less than five (5) feet from any property line.
No artificial lighting shall be maintained or operated in such a manner as to be a nuisance or annoyance to neighboring properties. In no event shall lights be on after 10:00 p.m. All electrical wiring for light and power used in conjunction with any swimming pool shall be installed in strict accordance with the National Electrical Code. The wiring and equipment shall be required to be inspected by the Middle Department Association of Fire Underwriters, and their card certifying inspection must be filed with the Building Inspector before the pool is placed in use.
All pools shall be maintained and operated so that they do not cause noise, nuisances or annoyances to neighboring property owners or citizens and residents of the Borough of Verona.
All areas surrounding the pool shall be made and kept neat and attractive so as to be in conformity with surrounding properties, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
Every outdoor private swimming pool shall be enclosed by a fence of durable construction not less than four (4) feet nor more than six (6) feet in height and having openings no larger than four (4) inches, notwithstanding the provisions of any other ordinance, or by a wall of a building or structure; provided, however, in the case of a wading pool, in lieu of such enclosure, the wading pool may be completely emptied and stored or may be covered with a suitable strong covering, said covering to be secured in place when the wading pool is not in use.
The enclosure shall be provided with one (1) or more gates or doors of the same height as the fence, that are self-closing and self-latching and can be locked when the swimming pool is unattended. Latches and locks shall be installed at not less than forty-four (44) inches high. Any access ladder or steps used in connection with aboveground-type swimming pools shall be removed when the pool is not in use.
Accompanying each application for permit shall be the fees provided for in Chapter A175, Fees, for the following areas:
The Building Inspector, Borough Engineer and the Health Officer, or their representatives, shall have authority to make such inspections of the construction and maintenance of the pool and surrounding area as are necessary from time to time to ascertain that there is compliance with this chapter and the requirements of the Health and Building Codes.
Every private swimming pool installed or constructed or to be installed or constructed in the borough shall at all times comply with the requirements of all health authorities having jurisdiction in the premises, and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such swimming pool shall forthwith be abated and removed by the person in possession or control of such pool upon receipt of notice from the Building Inspector.
In the event a permit is approved and issued, it may thereafter be revoked by the Mayor and Council. The owner of the premises on which said swimming pool has been erected and the holder of said permit shall be served with a written notice setting forth the reasons why the Mayor and Council seek to revoke the permit and the date and place of the public hearing. At said public hearing, the owner of the premises or the holder of the permit shall be heard and have an opportunity to be represented by counsel and present witnesses.
The Board of Adjustment has the power to grant an exception to this chapter where by reason of exceptional narrowness or shallowness or shape of a specific lot or by reason of exceptional conditions of such lot the strict application of the terms of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such lot; provided, however, that no exception shall be granted under this section unless such exception can be granted without substantial detriment to the public good and unless such exception will not substantially impair the intent and purpose of this chapter.
Appeals to the Board of Adjustment for an exception to the provisions of this chapter may be taken by any person aggrieved by a decision of the Building Inspector or of the Borough Engineer pertaining to an application for a swimming pool permit. Such appeals to the Board of Adjustment under this section shall be taken within thirty (30) days of the decision of the Building Inspector or Borough Engineer by filing with the Borough Clerk a notice, in writing, of such appeal. The Borough Clerk shall fix a reasonable time for the hearing of the appeal, giving due notice thereof to the appellant. Notice of such hearing shall be given by the appellant to all property owners within two hundred (200) feet of the appellant's property at least ten (10) days prior to the time set for the hearing.
Any person, partnership, association or corporation, or any member thereof or officer of same, who violates this chapter or any part thereof shall, upon conviction in the Municipal Court, forfeit and pay a fine not exceeding five hundred dollars ($500.) or be imprisoned for not exceeding ninety (90) days, or both. Each and every day such violation continues after notice to that effect from the Building Inspector or other person in charge shall be considered a separate and specific violation of this chapter.