West Caldwell City Zoning Code
§ 20-19.4
Residential Swimming Pools.
[Ord. No. 890 § 20-19.4; Ord. No. 1206 § 6; amended 5-18-2021 by Ord. No. 1837]
a.
One or more plastic, canvas or rubber above-ground private residential swimming pools having less than 600 gallon capacity shall be permitted in the rear yard only and shall be subject to all of the setback regulations applicable to accessory structures, pursuant to the provisions of Subsection 20-19.1.
b.
One private residential swimming pool having a capacity of 600 gallons or more, whether below or above ground, shall be permitted in accordance with the following provisions:
1.
Such pool shall be located in the rear yard only, and such pool, including associated decks, patios, bathhouses and other directly related accessory structures, shall not occupy more than 60% of the yard, or as may be further limited pursuant to Subsection 20-19.1h.
2.
Such pool shall have adequate filtering, circulation, clarification and chlorination, all subject to the approval of the Township Health Officer. Such equipment shall be located in accordance with Subsection 20-21.11.
3.
Such pool shall be completely surrounded by a fence or wall not less than four feet in height, which fence or wall shall be so constructed as to deter access to the pool area. A principal building or accessory building may be used as part of such enclosure. All gates or door openings through such enclosure shall be equipped with a self-closing and self-latching device to insure that the gate or door is securely closed at all times when the pool is not in actual use or is not attended, except that the door of any building which forms a part of the enclosure need not be so equipped.
4.
Such pool, including associated decks, patios, bathhouses and other directly related accessory structures, shall not be erected closer to any property line than the side yard setback required for the principal building.
5.
Such pool shall not be erected closer than 15 feet to the principal building, except that this requirement shall not apply to decks, patios, walkways or similar structures which are attached to or abut the principal building, notwithstanding the provisions of § 18A-5 of the Land Use Procedures Ordinance.
6.
Pursuant to Subsection 20-21.4, in no event shall such pool be erected closer than 15 feet to any portion of a deck, patio, walkway or similar structure which has a floor elevation more than 12 inches above the normal water level of such pool, unless such deck or similar structure is enclosed by railings and/or fencing as required pursuant to the New Jersey Uniform Construction Code. In such event, the aforesaid fifteen-foot separation requirement shall not apply.
7.
Lighting used to illuminate such pool shall be arranged and shaded so that the direct rays of all light sources shall not be visible beyond any property line of the premises on which such pool is located, and such lighting shall be extinguished by 10:00 p.m.
8.
Prior to commencement of construction, a construction permit shall be obtained from the Township Construction Official.