Updated as of June 2018
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116-1Building permit required; fees.
[Amended 9-13-1977 by Ord. No. 13-77]
It shall be unlawful to construct, enlarge, alter, remove or demolish any swimming or wading pool in the Borough of Oaklyn, with the exception of demountable swimming or wading pools which have a maximum water capacity of not more than 300 cubic feet, unless and until a permit for such purpose has first been secured from the Building Inspector of said Borough pursuant to the Building Code of the Borough of Oaklyn, in the County of Camden and State of New Jersey. There shall be paid to said Building Inspector for such permit a basic fee as provided for in Chapter 73, Fees.
[Amended 11-9-1965 by Ord. No. 6-65]
No swimming or wading pool exceeding 12 inches in depth shall be filled with water unless and until a certificate of use and occupancy shall have been obtained from the Zoning Officer pursuant to this chapter.
When granted, such certificate of use shall remain valid until the end of the calendar year in which it was granted, at which time it shall expire. Prior to the granting of such permit, the Zoning Officer may inspect the pool or require evidence that the pool does not violate the requirements of this chapter. The failure to operate a pool in accordance with the requirements of this chapter shall result in the withdrawal of the certificate of use and in penalties pursuant to this chapter.
[Amended 11-9-1965 by Ord. No. 6-65]
Demountable swimming and wading pools may be erected on residence lots, provided that:
No such structure shall be permitted in a front yard.
No such structure shall be permitted within five feet of any property line.
No such structure shall be permitted to remain in any yard from October 1 to April 30, inclusive.
No excavation of earth for the purpose of permanent installation shall be permitted, but grading shall be allowed.
No electrical devices shall be installed or used within five feet of the pool, except for recirculation devices.
When filled, any demountable swimming or wading pool of a depth exceeding 12 inches shall be individually enclosed by or in a yard enclosed by:
A continuous fence having a minimum height of 48 inches with no opening in excess of two inches wide.
A snow or similar-type fence having a minimum height of 48 inches.
All fences existing at the time of the passage of this chapter shall not be subject to the preceding height or opening regulations but shall be subject to the approval of the Building Inspector, who shall determine the adequacy of such fences in accordance with the general standards established in this chapter.
Demountable pools with a maximum water capacity of 300 cubic feet or less shall be subject only to the requirements of §§ 116-1, 116-2 and 116-3 of this chapter.
116-4Public and semipublic pools.
The construction and operation of any swimming pool used by persons other than the family and guests of the owner or lessee of the land upon which the swimming pool is located and for which there is any kind of admission charge shall be regulated by the Board of Health of the Borough of Oaklyn according to the provisions of the Swimming Pool Code of New Jersey (1955), in addition to the relevant sections of this chapter.
The edge of any swimming pool shall be a minimum distance from the nearest property line at any point equal to 1 1/2 times the depth of the pool at its deepest point, but in any event the minimum distance shall be not less than 10 feet from said nearest property line. The minimum distance shall be the shortest distance measurable from the property line to the nearest inside face of the swimming pool at its waterline. No pool will be allowed in a front yard.
No swimming pool shall be constructed within 25 feet of the foundation wall of any dwelling, whether such dwelling is on the same premises on which the swimming pool is to be constructed or on adjacent premises. This distance may be reduced, but in no case to less than 10 feet, provided that adequate structural reinforcing exists to the approval of the Building Inspector.
Every permanent swimming pool hereafter constructed shall be completely surrounded with a fence having a minimum height of 54 inches with no opening in excess of two inches square. All openings in this fence for purposes of access and egress shall have lockable gates of the same kind and height as the fence, and such gates shall be locked except when under direct supervision. All pools existing as of the date of this chapter which have a fence consistent with all the requirements of the chapter with the exception of height and which fence is at least four feet high shall be considered as conforming to this chapter.
Every permanent swimming pool shall be completely surrounded with a walk having a minimum width of 2 1/2 feet, constructed of all hard-surface, semi-waterproof material such as concrete, tile, flagstone or brick.
All swimming pools constructed in the Borough of Oaklyn shall be of waterproof construction.
[Amended 11-9-1965 by Ord. No. 6-65]
The water surface area of any swimming pool shall not occupy more than 10% of the total lot area. The length of any swimming pool shall be not greater than 2 1/2 times the width, except as to swimming pools of other than rectangular shapes.
Every swimming pool shall be self-supporting and waterproof and shall be capable of resisting all external forces from the earth or any superimposed loads on the earth that may exist at the location of such swimming pool and shall be capable of withstanding the interior force from the pool contents.
No swimming pool shall have a bottom slab below groundwater level unless special provisions are made for hydrostatic uplift.
The walls of any swimming pool shall be vertical for a minimum of 24 inches below water level, and at least one ladder or set of steps constructed in the wall of the swimming pool shall be provided for each 800 square feet of pool area.
There shall be no direct connection between the potable water supply and the swimming pool water, whether treated or not treated, and there shall be no direct connection between the swimming pool water and the sanitary sewer effluent. The fill pipe of any such swimming pool must be above the overflow level of the pool.
Every swimming pool shall have a complete recirculating-purifying system. The minimum-size recirculating-purifying system for private pools shall have a capacity for recirculating the entire pool contents within 12 hours.
The use of scum gutters shall be mandatory, except for demountable pools, in connection with the operation of any private swimming pool. Scum removal shall be continuous while the swimming pool is in use or while the recirculating-purifying system is in operation. Such scum removal facilities shall be provided at one or more locations. Minimum scum removal facilities shall consist of one location for each 800 square feet of swimming pool surface.
The recirculating-purifying system of any swimming pool shall be capable of removing approximately 99% of the suspended solids. Means shall be provided for disinfecting the entire pool contents. The water used in any such swimming pool shall conform to the standards established by the New Jersey State Department of Health for swimming pool water quality.
The time and method of filling any swimming pool shall be subject to the approval of the agency or commission furnishing local water service or of its representative. The time and method of draining any such swimming pool shall be subject to the approval of the authority or agency furnishing local sewerage service or of its representative.
No electrical device shall be installed or used underwater or within five feet of a pool other than a device used for the recirculation of water and other than underwater pool lights installed as an integral part of the pool. The recirculation device and/or the underwater lights shall be designed, installed and grounded so as not to create a hazard to bathers and shall be all in accordance with the requirements of the Electrical Code of the National Board of Fire Underwriters.
All chlorine and other chemicals used for water purification purposes must be stored in containers that are not subject to any kind of deterioration under normal conditions.
116-12Violations and penalties.
[Amended 9-13-1977 by Ord. No. 13-77]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $500 or to imprisonment for a term not to exceed 90 days, or both.
Fence height.
[Amended 8-9-1983 by Ord. No. 11-83; 11-9-1994 by Ord. No. 16-94; 12-10-1996 by Ord. No. 12-96; 5-9-2000 by Ord. No. 7-00; 4-8-2014 by Ord. No. 9-14]
Fences constructed on residential uses shall not exceed four feet in height, or five feet in height in those yards surrounding a swimming pool, as defined in § 125-3 of this chapter. The authorization so granted in this section expires upon the removal of the swimming pool, or failure to install and/or construct said swimming pool within one month of the issuance of a permit pursuant to § 125-15B of this chapter.
The Planning Board may authorize as a conditional use a fence to a maximum of six feet in height in those yards surrounding a swimming pool, as defined in § 125-3 of this chapter. The authorization so granted by the Planning Board will expire upon the removal of the swimming pool, or failure to install and/or construct said swimming pool within six months of the authorization being granted by the Planning Board.
No fences shall extend beyond the setback line on the property as set forth by this chapter or beyond the actual setback of the houses on the particular street. Any existing fence that does not comply with this chapter may remain, but the replacement of the existing fence must comply with this chapter.
A building permit shall be required prior to any construction of any fence.
Whenever a natural barrier is utilized as a fence or a separation between lots or areas, including, but not limited to, hedges, boxwood and upright and spreading yews, said natural barrier shall be maintained at the same height as is permitted for constructed fences under § 125-15A of this chapter.
[Added 4-13-1982 by Ord. No. 5-82]
On any lot, fences shall be erected with the framework or supporting structure facing the inside of the lot that is, with the finished side of the fence facing the exterior of the lot on which the fence is located.
[Added 2-14-2008 by Ord. No. 1-08]
Except for natural barriers, fences must be made of durable material, including but not limited to chain link, wood and vinyl, and must be anchored in a safe, secure manner. Fences made of temporary, light material and/or inappropriately anchored fences are not permitted. A fence must, at a minimum, be able to support a fifty-pound weight load at any point on the fence.
[Added 4-13-2010 by Ord. No. 2-10; amended 6-7-2010 by Ord. No. 9-10
For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at www.bycarls.com or call 732-504-3372.
