Tenafly City Zoning Code
§ 35-808.1
Swimming Pools.
[Ord. No. 99-48 § 1; Ord. No. 05-06 §§ 5, 6]
a. FOOTCANDLE JACUZZIS, WHIRLPOOLS, OR HOT TUBS OWNER SWIMMING POOLS WATER UNITS
Definitions. As used in this section:
Shall mean a one-foot candle is the amount of illumination provided by one lumen uniformly distributed on one square foot of surface.
Shall mean water moving rapidly in an artificially constructed structure permanently or temporarily established or maintained upon any premises by any individual, which has a depth of 24 inches or more and a surface area up to and including 50 square feet. Units larger than 50 square feet shall be considered a swimming pool.
Shall apply to any land owner, lessee, tenant or other person occupying or in possession of lands lying within the Borough of Tenafly.
Shall mean artificially constructed swimming pools permanently or temporarily established or maintained upon any premises, which has a depth of 24 inches or more and a surface area of more than 50 square feet regardless of whether maintained above ground or below ground level.
Shall include swimming pools, Jacuzzis, whirlpools and hot tubs.
b.
Procedure. Any owner shall, prior to the construction of any water unit as defined by this section, submit to the Construction Official a plan of the proposed water unit and such other information as may be required in paragraph c.
c.
Plan Details. The plan shall be drawn on a map to scale not smaller than one inch equals 20 feet and not larger than one inch equals 10 feet and shall include and show the following information:
1.
The name and address of the applicant and the owner and the name, address and title of the person preparing the plan, maps and accompanying data, the date of preparation, and the dates of each revision where applicable. All such plans shall be signed and sealed by a professional engineer or architect licensed to practice in the State of New Jersey.
2.
The lot and block number or numbers of the lot or lots from the Borough tax maps; length and bearings of the lot lines of the proposed project.
3.
Scale and north sign and key map.
4.
The zone district in which the lot is located.
5.
The location, names and pavement and right-of-way widths of all existing and proposed streets abutting the lot or lots in question, the property lines of all abutting properties together with the names and addresses of the owners as disclosed on the Borough tax map and tax rolls as of the date of the site plan application, and the location of pools adjacent to the sides and rear of the property in question.
6.
All existing buildings and structures and all accessory buildings or structures on the lot, if any, with dimensions showing present and finished grade elevations at all corners.
7.
Present and proposed topography based on New Jersey geodetic control survey datum at two feet contour intervals including sufficient distance outside the site to show the relationship to adjoining properties.
8.
All existing and proposed setback dimensions, landscape areas, trees of six inch caliper on the site affected by the proposed swimming pool and fencing.
9.
Existing and proposed plantings to provide screening for noise, light and glare.
10.
Any and all other information and data necessary to meet any of the requirements of this section not listed above.
d.
Design Standards. Each plan shall provide the following:
1.
All water units shall be located only in the rear yard in all residential districts. The rear yard is determined as follows:
(a)
In the case of a corner lot that 1/2 of the lot depth furthest from the fronting street and no nearer the side street line as required for the main building.
(b)
In the case of an interior lot that 1/2 of the lot depth furthest from the fronting street.
(c)
In the case of a through lot that 1/2 of the lot depth other than that 1/4 of the lot depth nearest each and every street.
2.
No water unit shall be located within 15 feet of the rear property line and 20 feet of the side property line. No pool apron, deck, patio, waterfall or other similar associated structures shall be located closer to a side or rear property line than 15 feet in the R-40 zone, 10 feet in the R-20 zone, five feet in the R-10 zone, and three feet in the R-9 and R-7.5 zones.
3.
A swimming pool shall be enclosed by a fence in accordance with the Uniform Construction Code as enacted in New Jersey.
4.
No owner shall be permitted to construct more than one swimming pool on a single lot.
5.
Where any portion of the retaining structure for the water unit is more than three feet above the elevation of the ground measured at the nearest point of the property line of the lot on which the water unit is located, the retaining structure and the ground area intervening between it and the property line shall be terraced and landscaped in a manner approved by the Borough Engineer for swimming pools; and by the Construction Official for all other water units. In reviewing a plan for a water unit, the Borough Engineer or Construction Official, as applicable, shall consider proper drainage of the site and shall minimize the noise level and visual impact of the water unit on adjoining property owners by the installation of landscaping and, if necessary, the reduction in the elevation of the water unit structure. The landscaping shall be approved by the Construction Official or his designee.
6.
All filters and other equipment used in connection with the operation of any water units shall be located no closer than 20 feet to any side yard and 15 feet to any rear yard and shall be enclosed or screened to prevent visibility of equipment from any adjacent property and to minimize the amount of noise which may be heard on adjacent properties.
e.
Lighting Standards. Each plan shall provide the following:
1.
Light standards inclusive of fixtures shall not exceed 12 feet in height above ground level nor shall any light fixture be installed more than 12 feet above ground level.
2.
"Glare" is the sensation produced by brightness within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility. "Direct glare" is a glare resulting from insufficiently shielded light sources in the field of view. No direct glare shall be permitted. The lights shall be shielded by louvers, baffles or visors not less than 12 inches to restrict the maximum apex angle of the cone of illumination to 135°. The upper apex of the apex angle shall not exceed 75° from the horizontal. Shielding on one side of the light may also be required.
3.
On any adjoining property the total direct and indirect glare measured at a height of three feet above ground level shall not exceed 0.2 of a foot candle. The readings shall be made with a direct reading, portable light meter held towards the source of light which meter shall have been tested and calibrated by an independent commercial photometric laboratory or the manufacturer of the meter within one year prior to the date of use as attested by the laboratory or manufacturer.
4.
Lights shall be turned off at 10:30 p.m.
f.
Site Improvement. Each plan shall provide the following:
1.
Adequate screening and landscaping, including shrubbery, bushes, trees and other plantings to provide protection from noise, light and glare.
2.
Standards for grading, drainage and other improvements found necessary shall be provided and approved by the Borough Engineer where applicable. Any off-tract or drainage improvements required as a result of the improvement shall be paid for by the owners under standards described in Article VII, Subdivision and Site Plan Review, of the Land Development Regulations of the Borough of Tenafly. Drainage of all water units shall be permitted only into existing catch basins. A maximum retaining wall height of three feet shall be allowed. Where tiered walls are used, the minimum separation between walls shall be twice the wall height. Landscaping shall be required between the walls.