Englewood Cliffs City Zoning Code
§ 30-7.8
Private Swimming Pools.
[Ord. #9306, A VII]
a.
Definitions. As used in this subsection:
1.
BOARD OF HEALTH – Shall mean and include the health officer or other duly authorized representative thereof, except in such case when the board is referred to in a manner that contemplates action by it as a body.
2.
BOROUGH OF ENGLEWOOD CLIFFS – Shall mean construction official or other duly authorized representative thereof, except in such case when the Borough is referred to in a manner that contemplates action by it as a body.
3.
CONSTRUCTION – Shall mean and include the building or constructing or installation of a new swimming pool or enlarging an existing swimming pool or any of the facilities.
4.
PORTABLE POOL – Shall mean 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 and intended to be removed and stored.
5.
SWIMMING POOL – Shall mean any private pool 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 30 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.
6.
WADING POOL – Shall mean and include any shallow pool not included under the foregoing paragraph a5.
b.
Scope and Application. Any permanent type swimming pool constructed prior to May 11, 1967 shall not be subject to the requirements set forth in this subsection pertaining to distance of pool from boundary lines, etc. unless an enlargement of facilities is sought and the provisions of this subsection shall not pertain to wading pools or portable pools unless specific reference is made in any section herein to any such type of pool.
c.
Permit.
1.
It shall be unlawful for any person to alter, construct, or install a swimming pool in the Borough without first having complied with the provisions of this section or obtained a permit therefor in the manner hereinafter provided.
2.
Applications for such permit shall be made to the Construction Official and shall be accompanied by duplicate sets of the following:
(a)
Plans and specifications or proper description brochures.
(b)
Plot plans 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 a description of the enclosure or fence to be used.
3.
A fee of $10 for the first $2,000 or fraction thereof, plus $2 for each additional $1,000 or fraction thereof, of the estimated cost of construction shall be charged by the Construction Official for such permit and shall be tendered with the application to the Construction Official.
4.
The Construction Official shall, within 15 days after receiving an application for a permit, act upon same relying on the standards set forth in this Zoning Chapter and the Building Code of the Borough.
d.
Location. All swimming pools and wading pools of permanent or stationary type of construction, shall not be constructed, installed, located, maintained or operated within five feet of any property boundary line of any dwelling located on the premises, nor nearer to any street line than 25 feet.
e.
Regulations Concerning Health, Safety and Welfare.
1.
Every swimming pool having a depth of 18 inches below the level of the land surrounding the pool, and above-surface pools having a depth of 30 inches or more, and in the case of portable pools, having a height of less than four feet, shall be completely surrounded by a fence or wall of substantial construction, not less than four feet in height, which shall be constructed so as not to have openings, holes, or gaps larger than two inches to dimension, except for doors and gates.
2.
The fence or wall enclosures shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same and shall be provided with one or more substantial gates or doors the same height as the fence or wall enclosure, each gate or door to be equipped with a self-closing and self-latching device capable of keeping said gate or door securely closed.
3.
It shall be deemed that there is sufficient compliance with this subsection when the yard in which a pool is located is completely enclosed by a fence and gate of the type above mentioned.
4.
Any ordinance requiring the obtaining of a permit for the erection of a fence shall not apply to fences erected pursuant to the provisions of this subsection except in such case where a fence is erected along a property line.
5.
Any access ladder or steps used in connection with the above-surface type pool or portable pool shall be removed from the pool when the same is not in use, unless the same is enclosed by a fence.
6.
Lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from the adjoining premises.
7.
Notwithstanding paragraph d of this subsection, no pool (swimming, portable or wading) shall be located in the front yard of homes or in the driveways thereof.
f.
Review by Borough Engineer and Performance Bond. Every application for construction of or renovation to a swimming pool, as hereinabove defined, shall be reviewed by the Borough Engineer to insure appropriate grading and drainage.
For this purpose, each application shall be accompanied (in addition to all other fees stated within this chapter) by a deposit of $1,000 to be held by the Borough as an escrow account from which engineering fees and legal fees may be drawn.
In the event that further or more specific plans or details are required by the Borough Engineer the Borough may require the posting of additional fees by the applicant.
The Engineer shall certify, in writing, any and all findings regarding the proposed construction and shall be authorized to issue conditional approval of any application. The Borough Engineer shall, as part of his investigation, inspect the subject site and make engineering studies, if necessary, regarding:
1.
Soil erosion by water and wind as a result of proposed construction;
2.
Surface and subsurface water drainage as a result of proposed construction;
3.
Public health and safety;
4.
The effect of flooding upon the premises and upon neighboring premises;
5.
Such other factors as may bear upon or relate to the coordinated adjusted physical development of the Borough.
The Construction Code Official, shall, upon the granting of approval for construction of a swimming pool as hereinbefore stated, require the applicant and its contractor to post a joint performance bond in an amount not less than $10,000 as a condition to obtainment of a building permit. Said performance bond shall be in form approved by the Borough Attorney and with surety acceptable to the Borough, in an amount to be determined by the Borough Engineer in accordance with the provisions of N.J.S.A. 40:55D-53(c). |
The performance bond shall be released after certification by the Borough Engineer that the construction has been accomplished in accordance with the terms and conditions of the approval. |