Updated as of June 2018
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416-28Swimming pools, hot tubs and other bodies of water.
[Amended 11-16-1987 by Ord. No. 946; 5-18-1998 by Ord. No. 1220]
Swimming pools, hot tubs and other bodies of water being at least 12 inches deep or having a surface area of at least 25 square feet and a greatest depth of at least 12 inches, used for swimming or bathing, shall be in conformity with the following regulations and requirements. Those having dimensions or depth of less than those stated hereinabove shall not be subject to these regulations or requirements, unless the swimming pool, hot tub or other body of water is permanently equipped with a water recirculating system or involves structural materials.
Swimming pools, hot tubs and other bodies of water shall not encroach on any front or side yard required by this chapter. No wall of a swimming pool, hot tub or other body of water shall be located less than 10 feet from any rear or side yard property line or 25 feet from any street property line. For swimming pools, hot tubs or other bodies of water built above ground, the outside of the walkway or rail shall be the governing factor for the setback line.
It shall be unlawful for any person to establish or construct any pool in the Borough without first having obtained a permit therefor, in the manner hereinafter provided.
An application for such permit shall be made to the Construction Official and the Board of Health and shall consist of the following:
A plot plan showing property lines of the premises, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the proposed pool and its auxiliary structures. No pool shall be located within 10 feet of any boundary line, and shall be in conformance with existing Borough ordinances.
Plans and specifications for the proposed pool and all auxiliary structures and appurtenances related thereto. The plans and specifications must state that a barricade enclosing any excavation shall be erected prior to commencement of the excavating work and will not be removed until an enclosure which complies with Subsection K is installed. The barricade must comply with the specifications for pool enclosures described in Subsection K. The plans and specifications must state the height, type of material comprising the barricade and other specifications required by this chapter. The Construction Official shall determine whether the barricade will reasonably protect the public, and in particular small children, by making the excavation inaccessible.
A description of the method of disinfection, treatment and disposal of the water to be used by the owner or operator of the pool.
Tender of fees shall be provided in the Fee Schedule.
The Construction Official and the Board of Health, within 30 days after receiving the properly executed application for such pool permit, shall:
Approve the application as submitted and cause the permit to be issued; or
Approve the application subject to such additional sanitary safeguards in respect to the particular premises to be so used as the Construction Official and the Board of Health deems that the public health may require and, upon receipt of an amended application providing for the additional sanitary safeguards prescribed, the Construction Official and the Board of Health shall cause the permit to be issued; or
Reject the application.
No person shall make changes, alterations or modifications in any pool, if such changes, alterations or modifications are of a nature which may affect the public health or safety, until such plans and specifications therefor shall first have been submitted to and approved by the Construction Official and the Board of Health. When granting approval, the Construction Official and the Board of Health may stipulate such changes, alterations or modifications or conditions as either deems that the public health and safety may require. The granting of a permit shall be made subject to the compliance by the applicant with the provisions of this chapter. The plans and specifications shall satisfy the criteria stated in Subsection C (1)(b).
The permit shall be on a form prescribed by the Board of Health, to be issued subject to the provisions of this chapter and such additional sanitary safeguards in respect to the particular premises to be so used as the Board deems that the public health may require. The permit shall be made available for inspection at the swimming pool and may be revoked for cause by the Board of Health, or for violation of the terms of this chapter and the additional sanitary safeguards prescribed by the Board of Health in granting the permit.
Artificial pools shall be 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 all times. Inlets shall be so located and spaced as to secure satisfactory dispersion of inflowing waters throughout the pool and to permit drainage, cleaning and disinfecting of the bottom and sides.
Owner or contractor shall submit with their plot plan proposed finished grades at the property lines and at the edge of all paving areas surrounding the pool.
There shall be no physical connection between a potable, public or private, water supply system and a pool, at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool, unless such physical connection is so installed and operated that no pool water can be discharged into such potable water supply system.
The discharge of any wastewater shall in no case cause a nuisance. The drainage waste from any pool shall be discharged into a sand filtering bed, or, if not practical, then, with the approval of the Board of Health, into a seepage pit or storm sewer, if accessible, all as to the Board of Health shall require and specify.
Fences and gates.
Every person owning land on which a swimming pool, fish pond or other body of water is situated having a maximum depth of at least 12 inches and a surface area of 25 square feet or more shall erect and maintain an enclosure surrounding the property or pool area, sufficient to make the pool, pond or body of water inaccessible to small children. Any such pool, pond or body of water shall be deemed an obvious hazard, attractive to small children, thereby requiring regulation by the Borough’s Construction Official and Board of Health.
The enclosure, including gates thereon, may not be less than four feet above the underlying ground; all gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible to small children. When the pool is not being used or occupied, all gates must be kept locked.
The enclosure must be maintained in accordance with this chapter at all times. Repairs must be made within a reasonable time, as the Construction Official may determine. The Construction Official may require the landowner to erect a barricade as provided in Subsection C to keep the pool, pond or body of water inaccessible to small children. The barricade may be removed only upon completion of the required repair.
The Construction Official and Health Officer shall respectively have the duty to enforce the provisions of Article VII. The owner or operator of any pool within the Borough shall allow these officials or other authorized Borough officials onto his property at all reasonable times and provide access to any pool and appurtenances. The purposes of inspection will be to ascertain compliance with this section and all other Borough ordinances.
[Added 10-5-1987 by Ord. No. 939]
All fences shall be governed by the following regulations:
All fences must be erected within the property lines and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.
[Amended 5-18-1998 by Ord. No. 1220]
If the Construction Official, upon inspection, determines that any fence is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings. The Construction Official may order such fence or portion of such fence to be removed or repaired within 10 days of the date of the written notice. Each day that the owner fails to obey the order shall constitute a separate violation of this chapter. Any fence existing upon the effective date of this chapter which does not conform to the regulations hereof may be repaired or replaced only as provided herein. Any nonconforming fence, damaged to less than 50% of its previous existing area, may be restored or reconstructed to its previous dimensions. Any replacement or reconstruction made within five years shall be considered as part of the fence area requiring restoration, replacement or reconstruction, to determine whether less than 50% is affected.
Fences must be installed as close to the ground as possible and six to 12 inches in from the lot lines. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum permitted height.
[Amended 5-18-1998 by Ord. No. 1220]
Fences must be constructed with the face or finished side away from the property and the structural toward the interior.
Fences which are painted shall be painted in only one color. Multicolored fences are prohibited.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.
The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth, electrically-charged fences, poultry netting, snow fences (except as temporary fencing otherwise permitted by ordinance), expandable and collapsible fences.
Fences shall have the dimensions and be located in accordance with the following:
[Amended 5-18-1998 by Ord. No. 1220; 6-5-2000 by Ord. No. 1295]
Fences between the front property line and the building line shall not exceed three feet in height above ground level.
Fences within a radius of 25 feet from the corner of an intersection of any two or more roadways shall not exceed 2 1/2 feet in height above the curb level.
Fences between the front building line and the rear line of the building shall not exceed six feet in height above ground level.
[Amended 11-1-2010 by Ord. No. 1715]
Fences from the rear line of the building to the rear of the property line and along the rear property line shall not exceed six feet in height above ground level.
[Amended 6-23-2008 by Ord. No. 1618]
A corner lot having two front yards as defined in § 416-11D, the construction of a fence in either of the front yards shall comply with Subsection B(1) herein. No fence construction in either front yard shall exceed three feet in height above ground level.
[Added 3-5-2004 by Ord. No. 1455]
Application for such fences shall be made, in writing, to the Construction Official and shall set forth the following information:
The owner and the address of the premises where the fence is to be erected, including property survey.
A description and specification of the fence, including size, height, dimensions, material and size of percentage of openings.
A sketch or plan of the fences.
A sketch or plan of the premises in question, which shall show the streets abutting and the nearest intersection.
[Amended 5-18-1998 by Ord. No. 1220]
The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or plan. If the Construction Official, upon inspection, determines that any fence has not been constructed or located as shown on the plan or sketch, he shall provide notice of his findings, in writing, to the owner. The notice may contain an order that the fence be constructed or repaired according to the plans or sketch. The owner shall either remove the fence or comply with the Construction Official’s order within 10 days of its service upon him. Every day the owner fails to obey the order shall constitute a separate violation of this chapter.
The Construction Official may approve the construction of such fence, not to exceed five feet in height, if it complies with the terms hereof, and provided it is set back a reasonable distance from the property line so as to permit its erection and maintenance without trespassing on property of other persons, provided that it does not unreasonably obstruct the environment of light and air to the owners of adjoining property, and provided further that it does not endanger the safety of persons lawfully using public streets.
A permit fee and an inspection fee as per the Borough Fee Schedule [1] shall be paid to the Construction Official and shall accompany the application made hereunder.
Editor’s Note: The Borough Fee Schedule is on file in the office of the Borough Clerk. See also Ch. 206, Fees.
Fences in all nonresidential zoning districts are governed by the following regulations:
Fences are required for all properties in all nonresidential zoning districts where such properties abut any residential zoning district boundary line. However, in all such instances, a wall conforming to the requirements of Code of the Borough may be utilized instead of a fence.
All fences in nonresidential zoning districts are subject to Planning Board approval, unless the fence is part of a development and application, in which that event, it shall be subject to the approval of the board having jurisdiction over the application. Any application for the erection or installation of a fence in a nonresidential zoning district shall be made upon notice to adjoining property owners, in conformance with N.J.S.A 40:55D-1 et seq.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.
[Added 5-18-1998 by Ord. No. 1220]
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.
