Pools and ornamental ponds less than 24 inches deep or having a surface area of less than 250 square feet. Location and size shall continue to be regulated by this article.

Wading pools are exempt from the provisions of this article.

Municipal pool facilities shall be exempt from zoning requirements.

Pool constructed within a principal or accessory building shall meet the zoning requirements for building setbacks, height and coverage as applicable to the zone in which they are located.

All required prior approvals as defined in N.J.A.C. 5:23-1.1 et seq., including but not limited to the Zoning Officer, Borough Engineer and Health Inspector, shall be obtained prior to the issuance of the construction permit.

Pools regulated by the Uniform Construction Code shall require construction permits as set forth under N.J.A.C. 5:23-1.1 et seq. All other pools and ornamental ponds regulated by this article shall require a Borough site work permit as set forth in § 230-9.

Detailed plot plan of the property and proposed project (one inch equals 20 feet scale or larger) prepared and certified by the owner-occupant or prepared, signed and sealed by a licensed New Jersey architect or engineer is required. In addition, the source of the survey information and elevation datum used in preparation of the plot plan is also required.

The plot plan shall show the following information, items and details:

Construction plans shall show all details of the proposed structures, buildings and appurtenances with dimensions, construction methods, vertical elevations and sections through the pool and ornamental pond, including depth. The detailed plans shall show methods of compliance to the applicable codes.

Manufacturer's product literature and specifications, with testing agency approvals for all proposed equipment, but not limited to heaters, pumps, filters and the like equipment, is required.

Plumbing diagram, as applicable, is required.

A sealed survey showing current existing conditions of the property, including but not limited to building locations and structures, paved areas, sidewalks and major landscaping.

A copy of the current tax record and Building Department block-lot history card is required.

The swimming pool construction checklist filled out and signed by the owner, applicant and/or agent is required.

They shall not be located in a front or side yard area.

The outer edge of the pool wall or coping shall not be closer than 10 feet to the rear or side property lines, street rights-of-way or principal buildings.

Ground-level patios, decking and walkways which are appurtenances to the structure shall not be closer than 10 feet to the rear or side property lines or street rights-of-way.

The surface area of the water shall not exceed 25% of the total rear yard area.

The operating water level shall not be higher than one foot above the existing or approved grade elevation of the ground surface.

Safety fencing and gates shall not exceed five feet in height in the rear yard areas and shall not exceed four feet in height in that part of the safety enclosure which is located in a side or front yard area.

All lighting shall be designed and shielded as to prevent glare, illumination and direct visibility onto and from adjoining and neighboring properties and streets.

All equipment, including but not limited to heaters, filters and pumps, shall be located in the rear yard no closer than six feet to an adjoining property line and be situated below ground level or suitably screened by an approved method of fencing not to exceed five feet in height, or landscaping, as to not to be visible from adjoining and neighboring properties or streets.

Drainage design shall ensure that the structures will not adversely affect the existing natural flow and drainage of water across adjoining properties and streets.

Drainage design shall include approved methods of detention on the property of all water associated with maintenance, repair, back flushing and emptying of the structure. There shall be no runoff of water from these activities onto adjoining properties, water courses or streets.

An accessory bathhouse, cabana, or like building used as an appurtenance to a pool is not required but, if provided, shall be located in the rear yard area no closer than six feet to a rear or side property line, water's edge or principal structure in the A-2 Residential Zone and 10 feet to a rear or side property line, water's edge or principal structure in the A-1 Residential Zone. If constructed solely as an accessory to the pool, it cannot exceed 15 feet in height from the lowest point of grade level to the roof peak, have more than one story of occupied floor area, or a floor area more than 150 square feet.

An in-ground pool, above-ground-level pool, hot tub/spa, or ornamental pond structure located in the rear yard area and not structurally attached to the principal building shall not exceed four feet six inches in total height from the lowest point of grade level to the uppermost top of the structure's walls or structural assemblies, excluding ladder, slide, or diving board assembled. Raised and/or attached walkways, decking and railings exceeding the maximum height requirements are not permitted. The maximum diameter, length or width shall not exceed 24 feet in any direction.

All swimming pools, ornamental ponds or hot tub/spas may be constructed as to be an adjoining, attached and integral part of an open deck structure attached to a principal structure. In such applications, the deck assembly must comply with all applicable zoning and Uniform Construction Code requirements, in addition to the height and separation distances as required in this article.

The pool, hot tub/spa and ornamental pond shall be suitably designed, located and maintained as to not become a nuisance, hazard or a violation of applicable Borough, county and state ordinances, statutes and regulations governing or having jurisdiction.

Permanent, approved safety barriers shall be installed prior to introducing water into the structure, whether it is completed or not. An exception to the foregoing is that temporary approved fencing may be installed for a period of not more than 30 days from the introduction of water into the structure.

Use of the pool located in the A-1 or A-2 single-family residence zones is restricted to the pleasure of the property owner/occupant and personal guests, without fee.

No illumination or noise shall exist as to adversely affect the adjoining, neighboring properties and streets or the public.

Code Enforcement Bureau, Health Department, Public Works Department, Police Department and Borough Engineer officials and officers shall have the right to entry, inspection and enforcement for observed and reported violations under their jurisdiction.

All appeals of determination by the Zoning Officer or required variance applications for relief from requirements are expressly the jurisdiction of the Zoning Board of Adjustment, except for in the case of a site plan approval application or presentation in which the Planning Board has jurisdiction per Borough ordinance or New Jersey Municipal Land Use Law.[1]