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Allentown City Zoning Code

§ 28-10.10.6

Pools.

[Added 4-20-2021 by Ord. No. 03-2021]
a. 
It shall be unlawful to establish or construct or use a swimming pool within the Borough of Allentown without first obtaining a permit from the Zoning Officer and Construction Official in the manner hereinafter prescribed.
b. 
Permits. An application for a permit to construct a swimming pool shall be accompanied by four sets of plans which shall adhere to the following:
1. 
A grading and drainage plan shall be submitted with the permit application which plan shall include:
(a) 
Soil type for seasonal high water table based upon Monmouth County Soil Survey.
(b) 
Location of existing and proposed grades.
(c) 
Dimensions and location of the proposed pool, including setback requirements as per this subsection.
(d) 
Directions of run-off.
(e) 
Direction of discharge from pool equipment.
(f) 
Location of mechanical equipment.
(g) 
Location and height of pool enclosure fencing with self-closing and self- latching gates.
c. 
Private swimming pools are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted subject to the following:
1. 
A private swimming pool shall not be constructed, installed or maintained within 15 feet of any side or rear yard line or any structure on the property, provided that in the case of any lot less than 50 feet in width, it shall be permissible to place a pool within 10 feet of a side or rear property line or any structure on the property. Setback distances shall be measured from the water's edge.
2. 
Any pre-existing non-conforming pool may be re-constructed within the same footprint if there is no conforming location on the lot.
3. 
No private swimming pool shall be constructed, erected, installed or maintained in the front yard of any property.
4. 
In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the principal structure.
5. 
A private swimming pool shall not be constructed or installed on any premises unless a residence building is also located on the premises or unless the premises is part of a residence curtilage, a yard within the fence surrounding a house.
6. 
Swimming pools may be constructed with underwater lighting systems or exterior lights or both, provided that all exterior lights are located so that the light is directed or shaded in such a manner that no direct rays of light therefrom fall more than three feet upon any adjacent lots, and such light is neither directed nor reflected in such a way as to cause a nuisance or annoyance to neighboring properties. All swimming pool lighting shall be in conformance with State Electrical Codes.
7. 
Swimming pools shall be completely surrounded by protective fencing with a minimum of four feet in height, but no more than six feet in height, which fencing shall include self-closing and self-latching gates. If pool fencing exceeds four feet in height, it shall be set back from the rear lot line at least five feet, and bounded by the side building lines. Such fences shall be suitably landscaped to minimize the visual impact on adjacent residential uses.
8. 
No sound amplifying systems shall be permitted in connection with a swimming pool.
9. 
Discharge System. No swimming pool shall be drained into or cause to be overflowed into the Borough sanitary sewer system or into the public streets of the municipality. No pool filter systems shall be connected in any manner with the Borough sanitary sewer system.
10. 
Swimming pools shall be constructed with an adequate system for surface disposal by absorption upon the property of the owner, without drainage onto any adjoining property. No such system shall be permitted to allow drainage to pump back into the ground by a system through lines other than the source of supply, or connected with the storm sewer system, if an underground system must be constructed on site to control runoff.
11. 
No pool fence shall remain open, unlocked or unlatched, except when said pool is in use.
12. 
No pool shall remain with water therein or without an adequate and safe cover for a period in excess of 30 days, unless the dwelling, to which it is an accessory use, is occupied.
13. 
Pools with coping on all four sides are excluded from consideration as impervious surfaces.
14. 
Nothing in this subsection shall supersede construction requirements.