Updated as of June 2018
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SWIMMING POOL, PRIVATE RESIDENTIAL
A tank, basin or structure capable of holding water over 24 inches in depth and which is to be used for private, recreational swimming by private families and their social guests on residential premises and as accessory to the residential use. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. All other uses are prohibited in all zones.
Any swimming pool other than a private residential swimming pool available for use by the public or a private club or association.
240-7.11Swimming pools and ponds.
It shall be unlawful for any person to alter, construct or install a swimming pool or pond in the Borough of Oradell without first having complied with the provisions of this chapter or having obtained a permit therefor in the manner hereafter provided.
Applications for such a permit shall be made to the Construction Official and shall be accompanied by duplicate sets of the following:
Plans and specifications or proper descriptive brochures.
Plot plans showing property lines of the premises upon which the swimming pool is to be constructed or installed should be prepared and signed by a land surveyor or licensed engineer of the State of New Jersey and should show accurately all existing houses and structures thereon, abutting streets and properties, the location and dimensions of the proposed pool and its auxiliary structures, including a description of the enclosure or fence to be used. In addition, said plot plan must show all existing and proposed elevations and methods of drainage in and around the pool area.
The Construction Official shall file the duplicate set of plans and specifications with the Board of Health for public swimming pools only, prior to the issuance of a permit.
Fees shall be as indicated in Chapter 115, Fees.
The Construction Official shall issue a permit for the construction and installation of a swimming pool or pond if the same complies with the regulations and standards established by this chapter and the current New Jersey Uniform Construction Code.
The Construction Official shall, within 20 days after receiving an application for a permit, act upon the same as follows. He shall:
Approve the applications submitted and cause a permit to be issued;
Require an amendment to the application to assure proper compliance with the provisions of this chapter and then cause a permit to be issued; or
Reject the application when it is determined that the permit should not be issued. Appeal shall be available to the applicant pursuant to § 240-4.8 if the rejection is based upon zoning consideration. When a question of sanitation is involved, such appeal should be to the Board of Health.
No private swimming pools or ponds shall be constructed, installed, located, maintained or operated on any premises unless a residence building is also located thereon, or unless said premises is part of a residence curtilage, and then only in the rear yard of said premises. No private swimming pool shall be constructed, installed, located, maintained or operated within 10 feet of any dwelling nor within 10 feet of the rear property line and 15 feet of any side line.
No swimming pool or pond shall be permitted to drain into a public street. A swimming pool drain shall be connected to the sanitary sewer according to New Jersey regulations. However, any overflow water from rain may be dispersed onto the owner’s property.
Whenever any swimming pool or pond, by reason of mechanical defects or failure to comply with the requirements of this chapter, is a hazard to the health of users thereof, the Health Officer may summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool, which appeal shall not stay the action of the Health Officer.
Lights used to illuminate any pool or pond shall be so arranged and shaded as to reflect light away from the adjoining premises in accordance with § 240-7.10.
The owner of any swimming pool, portable pool, wading pool or pond within the Borough of Oradell shall allow the Construction Official, Health Officer or other authorized official access to the pool and appurtenances for the purpose of the inspections to ascertain compliance with this chapter at all reasonable times.
The Construction Official shall issue a certificate of approval to the owner of the property after the Uniform Construction Code and any other requirements have been complied with and a certification by the Borough Engineer as to the correctness of the elevations has been received.
It shall be unlawful for any person to cover a swimming pool or pond with what is known as a “bubble-type cover” or to enclose a swimming pool unless the enclosure is of the same architectural design and materials as the residence building on said premises and the plans for said enclosure shall be first approved by the Planning Board of the Borough.
The surface of a swimming pool must be at least four inches above the existing grade and constructed as to prevent return of surface water to the pool.
A pond may not exceed 100 square feet in surface area, except those that are part of a storm water management plan or provide detention and/or retention for the property.
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.
