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Swimming Pool Zoning Laws and Fencing RequirementsTownship of Willingboro, Burlington County

June 13, 2018

Updated as of June 2018

www.ecode360.com

SWIMMING CLUB, PRIVATE

A privately owned swimming pool open to the general public on an admission or membership basis, having appropriate dressing room facilities, recreation facilities, and off-street parking areas.[3]

SWIMMING POOL, PUBLIC

A pool open to the general public and having appropriate dressing room facilities, recreational facilities, and off-street parking areas.

333-1Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CONSTRUCTION

Includes building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.

PERMANENT SWIMMING POOL

Includes any private swimming pool which remains in a particular location at times other than during the five calendar months between May 1 and October 1, whether or not disassembly or movement of such pool is feasible and possible.

PORTABLE SWIMMING POOL

Includes any private swimming pool of a type entirely above ground surface, with not more than 100 cubic feet of capacity, not stationary or fixed, and capable of being moved or removed for storage at will.[1]

PRIVATE SWIMMING POOL

Includes any pool of water designed to be used or in fact utilized for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of the swimming pool. It shall further mean and include fill and draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes, or baths used for cleansing of the body or practice of the healing arts.

TEMPORARY SWIMMING POOL

Includes any private swimming pool which is removed from the yard in which it is used or available for use and stored, whether or not dismantling is included in such process, for a period of not less than seven calendar months during each year, to include the months from October 1 to May 1.

[1]

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 333-2Private swimming pool permits.

Application for permit. Application for permits for the installation, construction, erection, placement or maintenance of any private swimming pool other than a portable swimming pool, as defined in § 333-1, shall be made to the Department of Inspections by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the accurate location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, together with the height and type of fencing or enclosure as may be required by this chapter.

Permit fees. Applicants shall enclose with each application a permit fee, in accordance with the fee schedule as set forth in Chapter 150, Fees, of the Code of the Township of Willingboro, to be paid to the Township for a permit to erect any private swimming pool, other than a portable swimming pool, as defined in this chapter, which permit fee shall be exclusive of the permit fee required for the erection of any accessory structure or structures to be used in connection with such swimming pool.

Approval by Township authorities. No permit for a private swimming pool shall be issued by the Department of Inspections until the plans, specifications and plot plan have been reviewed with and approved by the Township Engineer.

333-3Construction and maintenance.

All materials used in the construction of private swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning, and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.

333-4Water supply; pipe, pump and filter systems.

There shall be no physical connection between a potable public or private water supply system and any private swimming pool below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool with a downspout with an air gap not less than six inches from the pool overflow level. Potable water siphons will not be permitted to drain the aforesaid pools. The installation, repair and control of plumbing facilities shall comply with the Plumbing Code of the Township.

333-5Water use restrictions; closure.

All private swimming pools supplied by a public or quasi-public water supply system and not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Department of Inspections during any period of emergency water shortage declared by a duly authorized public official.

Whenever any private swimming pool is a hazard to the health of the public, the Department of Inspections is authorized to summarily close this pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory or reasonably prompt action to abate such hazard to the health of the public forthwith from the receipt of the notice to do so from the Department of Inspections and keep such pool closed until no further hazard to the public exists, subject to the right of appeal from the Department of Inspections by the owner of the pool. The appeal, however, shall not stay the action of the Department of Inspections.

333-6Discharge systems.

All private swimming pools with a water depth of more than one foot, hereafter constructed, installed, established or maintained within the Township, shall be provided with the necessary equipment to completely pump out or empty the pool or shall be emptied by providing one drainage outlet, to be installed at the lowest point of the pool, not in excess of three inches in diameter extending from the pool to either a storm sewer, storm sewer catch basin, lawn watering system, adequate dry well or sand filtering pit on the premises on which the private swimming pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Township Engineer. No private swimming pool drain shall be connected into the sanitary sewer system. Pool water may not be discharged at the curb or upon the surface of any street. The discharge of the waters shall in no case cause or create a nuisance to the abutting property or to the public.

333-7Bacteriological standards.

Chlorine gas-bearing compounds in solution shall be required as disinfecting agents for swimming pools, wading pools or portable pools. The use of ozone, ultraviolet light or any other method wherein a residual cannot be determined is prohibited. Not more than 15% of the samples of water taken from any private pool shall contain more than 250 pathogenic organisms per cubic centimeter or shall show positive test (confirmed) for coliform in any of 10 cubic centimeter portions of water at times when the pool is ready for use; provided, however, that no less than three samples shall disclose the presence of a bacteria content in excess of the limits described in this section. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. The local Director of Health is hereby authorized to take samples to ensure compliance with these requirements. Free chlorine residuals and pH values shall be maintained within ranges indicated below:

pH Free Chlorine Residual
7.0 to 7.6 0.4 to 0.6 ppm
8.0 to 8.4 2.0 to 5.0 ppm

 

333-8Fencing; covering.

All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of portable swimming pools, shall be completely and continuously surrounded by a fence as described in § 155-3G. All portable swimming pools shall be enclosed by a fence as described in § 155-3G unless they shall be either emptied when not in use or unattended or covered with a suitable, strong, protective covering, securely fastened or locked in placed when not in use or unattended. A covering shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 100 pounds.

333-9Location and area restrictions.

No permanent private swimming pool, as defined in § 333-1, or accessory building shall be erected or placed nearer to a street property line or nearer to a side or rear property line than would be allowed for buildings in the respective zoning districts as set forth in Chapter 370, Zoning, of the Code of the Township of Willingboro.

No private swimming pool shall be constructed so that its drain outlet shall connect in any manner to any sewage disposal system.

No private swimming pool shall have an area in excess of 10% of the area of the lot upon which it is constructed or installed.

333-10Lighting.

No artificial lighting shall be maintained or operated in connection with a private swimming pool in such a manner as to be a nuisance or any annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.

333-11Nuisances; mechanical defects; conformity with other regulations.

Abatement of nuisances. Any nuisance which may exist or develop in or in consequence of or in connection with any private swimming pool shall be abated and/or removed by the owners.

Mechanical defects and supervision. Whenever any private swimming pool, by reason of mechanical defects or lack of supervision, is, in the opinion of the Department of Inspections, polluted and detrimental to health, it shall be summarily closed.

Compliance with Township ordinances. The Department of Inspections may cause any private swimming pool, as defined in this chapter, to be inspected for compliance with the Plumbing Code of the Township, and any such pool shall meet all requirements of Chapter 370, Zoning, of the Code of the Township of Willingboro.

Operation and maintenance. Any accessory buildings such as locker rooms, bathhouses, cabanas, shower rooms, toilets, and runways or any other physical facility or equipment incident to the maintenance and operation of any of those described in this section shall be in conformance with the rules and regulations of both the Department of Inspections and the Township Council.

333-12Enforcement.

Enforcement officials. It shall be the duty of the Department of Inspections to enforce the provisions of this chapter.

Compliance with health regulations. Every private swimming pool constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the Department of Inspections. Any nuisance or hazard to health which may exist or develop in consequence of or in connection with any such private swimming pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located upon receipt of notice from the Department of Inspections.

Inspection. The owner or operator of any private swimming pool within the Township shall allow the Department of Inspections access to any private swimming pool and appurtenances thereto for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Township ordinances at all reasonable times.

333-13Violations and penalties. [1]

Any person or persons violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $2,000, a term of imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days. Each day a particular violation continues shall constitute a separate offense.

[1]

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

 

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.

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