Updated as of June 2018
A pool being above the ground and/or not coming within the definition of “swimming pool, private in-ground.” Said pool defined as “aboveground” shall maintain setbacks in accordance with the setback requirements for accessory structures.
A noncommercial privately owned pool constituting an accessory structure to a residential unit or units and located on the same lot therewith, and being an in-ground permanent pool having a depth of not less than two feet and for which a six-foot-high fence will be permitted. A wading pool with a depth of less than 18 inches or a portable swimming device, located above ground level, with an area less than 150 square feet and a water depth less than two feet, temporary in character and constructed of material other than concrete masonry, shall not be deemed a swimming pool.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No. 97-18; 7-17-2006 by Ord. No. 2006-13; 4-18-2007 by Ord. No. 2007-07; 8-20-2014 by Ord. No. 2014-11]
In addition to complying with other applicable regulations contained in this chapter and all other applicable Longport ordinances, swimming pools, hot tubs, and spas, with the exception of movable wading pools having less than 150 square feet of water area and being 24 inches or less in water depth, may be established only in accordance with the following standards and requirements and only as an accessory use to an existing and established residential, multifamily, hotel, or motel use on the same property
Fencing. All in-ground and aboveground swimming pools, hot tubs, and spas shall have a minimum four-foot-high fence such that they are fully enclosed. The height of the fence shall be measured from the existing ground elevation. All gates shall be lockable and self-closing. Fencing shall be of a type that is non-scalable and with no footholds. The fencing shall be placed at least three feet from the water’s edge. No certificate of occupancy shall be issued by the Construction Code Official until all fencing is erected and complete.
Lighting. All pool/hot tub/spa lighting shall be contained within the structure and below the waterline. Area lighting shall be in conformance with § 167-23. No floodlights are permitted.
Setbacks. All swimming pools, hot tubs, or spas, whether aboveground or not, shall be set back at least five feet from any side or rear property line and at least three feet from any structure. Setbacks shall be measured from either the face of the structure or property line to the vertical edge of the water. For lots fronting the ocean or Risley Channel, there shall be a minimum setback from the interior line of the bulkhead or seawall of at least three feet. All pools, hot tubs, or spas shall be set back at least 10 feet from any front yard property line.
A code regulating and controlling the location and construction, alteration and operation of swimming pools; the issuance of permits to locate and construct, alter or operate swimming pools; and declaring and defining certain swimming pools as nuisances and fixing penalties for violations, is hereby adopted pursuant to Chapter 188, Laws of 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The code established and adopted by this article is described and commonly known as the “Swimming Pool Code of New Jersey (1970).”
Three copies of said Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Clerk of this Board of Commissioners upon the introduction of this article and will remain on file in said office for use and examination by the public.
No person shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by this Board of Commissioners.
The following fees and charges are herewith established:
For the issuance of a permit to locate and construct a swimming pool: $10.
For the issuance of a permit to alter a swimming pool: $5.
For the issuance or renewal of a permit to operate a swimming pool: $10.
Permits issued for the operation of a swimming pool shall expire annually on June 30 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to July 1 of each year.
Permits required by this article or code may be denied or suspended by this Board of Commissioners for failure to comply with this article.
This Board of Commissioners shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board’s decision as hereafter provided by Section 2 of this code.
Any person or persons, firm or corporation violating any of the provisions of this article or the Swimming Pool Code of New Jersey (1970) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation.
Each day a particular violation continues shall constitute a separate offense.
[Adopted 5-19-1993 by Ord. No. 93-08]
No pools shall be emptied unless and until a regular or special permit is first had and obtained from the construction code office of the Borough of Longport, or other designated borough office. Upon receipt of a valid regular permit, pool water which contains no chemicals, or contains chemicals which are on the Department of Environmental Protection approved list for discharge in storm drains, shall be discharged to the storm drainage system in the street via a hose connection directly to the grate. Upon receipt of a valid special permit, pool water which contains chemicals which are not on the Department of Environmental Protection approved list for discharge in storm drains shall be discharged into the sanitary sewer system under supervision of a public works employee. Appointments may be arranged through the construction code office. All permits shall be valid for one day.
The fee for a regular permit shall be $100, and for a special permit, $200.
Permits are nontransferable and nonrenewable.
In addition to any other penalties herein provided, any person violating any of the provisions of this article shall, upon the conviction thereof by the Municipal Court, be punishable by imprisonment not exceeding 90 days, or a fine not exceeding $500, or both.