BOROUGH OF BEACH HAVEN COUNTY OF OCEAN ORDINANCE 202015C

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BOROUGH OF BEACH HAVEN

COUNTY OF OCEAN


ORDINANCE #2020-15C


AN ORDINANCE AMENDING AND SUPPLEMENTING Chapter 212, “Zoning,” and Chapter 180, “Swimming Pools,” amending swimming pool setback and other placement requirements, including location of pool equipment, removing references to “impervious” coverage and including pools within lot coverage


PURPOSE


The purpose of this Ordinance is to provide for the placement of pools and related structures and equipment.


NOW THEREFORE, THE MAYOR AND COUNCIL OF THE BOROUGH OF BEACH HAVEN DO ORDAIN:


SECTION I


Section 180-3, “General Regulations,” Paragraph A, of the Code of the Borough of Beach Haven shall be amended as follows (underscore represents additions; strikethroughs represent deletions):


Impervious Lot coverage. All swimming pools, coping, deck, pavers, concrete, wood, and other material relating to the construction of a swimming pool shall count as "impervious lot coverage" pursuant to § 212-27(B)(3)(a).


SECTION II


Section 180-3, “General Regulations,” Paragraph C, of the Code of the Borough of Beach Haven shall be amended as follows (underscore represents additions; strikethroughs represent deletions):


Dewatering. A minimum of 48 hours prior to the start of pumping for dewatering of any permanent or temporary swimming pool, notice to the Construction Department shall be required.


(1) All dewater pumping for swimming pools, including excavation and seasonal draining, shall be completed within 15 days from the start of pumping.


(2) Between June 15 and Labor Day of any calendar year, no dewatering shall be permitted.


(3)  Any dewatering operation should use well points with a silt bag/filter on the outfall hose.


(4)  Any dewatering operation must obtain a discharge permit from the Ocean County Utilities Authority and the Beach Haven Sewerage Authority. Any dewatering operation in excess of 100,000 gallons per day must obtain a dewatering permit from the NJDEP.


(5) Any dewatering operation shall be discharged into the sanitary sewer, which shall be metered by a meter

provided by the dewatering company and approved by the Beach Haven Sewerage Authority. Permittee shall be liable to the Beach Haven Sewerage Authority for a fee based on the amount of discharge. The fee shall be established by the Beach Haven Sewerage Authority.


SECTION III


Section 212-9, “Use regulations: RA Single-Family Residential District,” Paragraph B(3), of the Code of the Borough of Beach Haven shall be amended as follows (underscore represents additions; strikethroughs represent deletions):


Any detached accessory structure/building shall conform to all front, rear and side yard accessory setback requirements and impervious lot coverage requirements unless otherwise provided in this chapter. Such accessory structures, including pergolas, outdoor kitchens, fire pits, freestanding fireplaces, pool filters, pool heaters and pool equipment, shall meet the five-foot minimum setback and shall be included in impervious lot coverage calculations only.


SECTION IV


Section 212-17, “Fences and Pools,” Paragraph E(5), of the Code of the Borough of Beach Haven shall be amended as follows (underscore represents additions; strikethroughs represent deletions):


All pools, pool filters, pool heaters and pool equipment (pool filters, pool heaters and pool equipment shall be enclosed on at least three sides shielding adjacent property) must maintain a minimum ten-foot side yard setback and five eight-foot rear yard setback from the property line. For corner lots, the setback for the side yard which is not the front façade of the house shall be a minimum of eight (8) feet, and the rear setbacks shall be a minimum of ten (10) feet.


SECTION V


All Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency. The Clerk of the Borough is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance.


SECTION VI


If any word, phrase, clause, sections, or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal, or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect.


SECTION VII


This Ordinance shall take effect upon publication thereof after final passage according to law. Any permit issued prior to the effective date of this Ordinance shall not be subject to the restriction on pool construction and installation provided by Section I, hereof.



























NOTICE

Public Notice is hereby given that the foregoing Ordinance was introduced and passed on the first reading at a public meeting of the Borough Council of the Borough of Beach Haven, County of Ocean, State of New Jersey, held on August 10, 2020 at 7:00 p.m. via Zoom #899 7152 5152. A copy of the ordinance can be obtained, without cost, by any member of the general public at the Office of the Municipal Clerk, 300 Engleside Avenue, Beach Haven, NJ 08008 Monday through Friday, 9:00 a.m. to 4:00 p.m., on our website at www.beachhaven-nj.gov or via email [email protected].

Further public notice is hereby given that said ordinance shall be considered for final passage and adoption at a public meeting of the Borough Council to be held on September 14, 2020 at 6:00 p.m. at the Beach Haven Municipal Building, 300 Engleside Avenue, Beach Haven, New Jersey 08008 or via Zoom #846 1648 2718.



CERTIFICATION

I, Sherry Mason, RMC, Municipal Clerk of the Borough of Beach Haven, do hereby certify that the foregoing Ordinance was duly adopted by the Borough Council of the Borough of Beach Haven at a public meeting held on the 10th day of August, 2020, a quorum being present and voting in the majority.

IN WITNESS WHEREOF, I have hereunto set my hand an official seal this 10th day of August, 2020.



____

Sherry Mason, RMC, Borough Clerk

First Reading: August 10, 2020

First Publication: August 20, 2020

Second Reading: September 14, 2020

Second Publication: September 24, 2020

Effective Date: October 4, 2020




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