Updated as of June 2018
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[Adopted 10-22-1991 by Ord. No. 91-76 (Ch. 421, Art. I, of the 1990 Code)]
639-1Incorporation of standards by reference.
Chapter IX of the New Jersey State Sanitary Code, N.J.A.C. 8:26-1 et seq., entitled “Public Recreational Bathing,” as currently promulgated and hereafter amended, be and the same is hereby incorporated herein by reference. The Director of the Department of Health (Health Authority), hereinafter referred to as the “Director,” and his designees are hereby authorized to exercise the powers and duties prescribed by this article.
639-2Approval required for construction or alteration.
A recreational bathing place shall not be located and constructed or altered by any person until the Director has given formal approval therefor by issuance of a license.[1] The procedure for obtaining approval to locate and construct or to alter recreational bathing places shall be as set forth under N.J.A.C. 8:26-1 et seq.
Editor’s Note: In this section and throughout this article, the phrase “license or permit” was amended 10-27-2009 by Ord. No. 2009-68 to delete the reference to “or permit” so that all references are to “license” only.
A recreational bathing place shall not be operated by any person until the Director has given formal approval therefor by the issuance of an appropriate license certifying that the facility meets the applicable provisions of this article. This license shall be displayed in a conspicuous place on the premises where it may be readily observed by all patrons. No person shall operate a recreational bathing place whose license therefor is suspended.
Licenses to operate a recreational bathing place shall not be issued until a properly executed application containing information as requested on a form supplied by the Director has been submitted and approved by him.
639-5License and application fees.
[Amended 9-12-2006 by Ord. No. 2006-75; 5-8-2012 by Ord. No. 2012-22]
License and application fees are as follows:
| Type of Fee | Amount of Fee | |||
| Phase 1 | Phase 2 | Phase 3 | ||
| Annual license fee for each unit | $275 | $450 | $625 | |
| Plan review application fee | $400 | $600 | $750 | |
| Each additional unit fee: review application | $120 | $180 | $225 | |
| Alteration/minor remodeling | $50 | $75 | $100 | |
Cash or certified check shall accompany the annual license fee application. The review fee shall accompany the request for review of all applications for recreational bathing place construction or renovation.
The Director of the Department of Health and the Chief Financial Officer shall review biannually the cost accounting records for services provided herein and to adjust the fees therefor.
Phase 1 shall be effective upon enactment. Phase 2 shall take effect one year after enactment and Phase 3 one year thereafter.
Persons denied a license shall be notified, in writing, accordingly by the Director. Such notice shall specify the reason for such action and the remedial action necessary to obtain approval for the issuance of a license.
The license of any person to operate a recreational bathing place may be suspended at any time when, in the opinion of the Director or his authorized agent, such action is necessary to abate a present or threatened menace to public health.
The person whose license has been suspended or his representative in charge of the recreational bathing place shall, at the time such license is suspended, be informed that the license to operate the recreational bathing place is suspended, the reason for such action and the remedial action to be taken before the suspension may be lifted. Thereafter and within 24 hours, written notice of suspension containing the same information given at the time a license is suspended shall be forwarded by registered mail to the last known address of the person whose license is suspended.
Persons whose licenses have been suspended shall be afforded a hearing before the Director within three days after such suspension or thereafter, at such person’s option, to show cause why the suspension should be lifted. The Director shall, within seven days after such hearing, render a written decision confirming or rescinding the suspension and shall notify the person whose license has been suspended, in writing, of his action and the reasons therefor.
Persons whose licenses have been denied shall be afforded a hearing before the Director within seven days after such denial or thereafter, at such person’s option, to show cause why a license should be granted. The Director shall, within seven days after such hearing, render a written decision confirming or rescinding the denial of a license and shall notify the person whose license has been denied, in writing, of his action and reasons therefor.
639-9Violations and penalties.
Any person, firm or corporation violating any provision of this article, or who shall refuse to comply with a lawful order or directive of the Director, shall, upon conviction, be liable for penalties as provided in Chapter 1, General Provisions, Article II, General Penalty.
639-10Construal of provisions.
Nothing in this article shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its ordinances or regulations nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the City by any other law or ordinance.
Definitions. As used in this section, the following terms shall have the meanings indicated:
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Purpose. The purpose of this section is to provide standards for regulating the use of fences.
General provisions.
All fences shall be erected within the owner’s property lines.
No fence shall encroach on a public right-of-way or easement.
No fence shall obstruct visibility or create a potential hazard.
All fences shall be owner-maintained in safe, sound and upright condition on secure foundations.
Reconstruction, relocation or alteration of existing fences shall conform to the standards of this section.
Standards for fences in residential zones shall be as follows.
Height: six feet maximum from a building line back; four feet maximum from property line to building line.
Openness, for fences located in front yards which exceed 30 inches in height: at least 70% open on the vertical faces.
Tennis courts: 10 feet minimum height, open-wire type.
Swimming pools: four feet minimum height for in-ground pools.
For fences in business and industrial zones, except for LC, LMS and EG Zones, the height standard shall be eight feet maximum, including barbed wire, placed no closer than 10 feet to the front property line, said ten-foot setback being the boundary of the required front yard buffer. For LC, LMS and EG Zones, fences shall be prohibited, except for enclosures for trash receptacles and building mechanical equipment, such as air conditioning units, or as permitted by the Main Street District Outdoor Dining and Seating Design Standards.
[Amended 7-22-2014 by Ord. No. 2014-28]
Fences for public areas. A fence having a maximum height of 10 feet may enclose public playgrounds, public parks or school properties.
Exceptions. These regulations shall not be applied to restrict the erection of a wall for the purpose of retaining earth nor shall they be applied to public utility installations.
Enforcement.
If the Zoning Officer, upon report and inspection, finds that any fence or portion thereof is not maintained as specified herein, the Officer shall notify the owner in writing, state his findings and the reasons for said findings, and he shall order such fence or portion repaired or removed within 30 days of the notice.
If after notice the fence is not repaired or removed within the time given, the owner shall be subject to the provisions of Article XV regarding violations and penalties.
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.
