Updated as of June 2018
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Article I: Public Swimming Pools
[Adopted 7-5-1972 (Ch. 165 of the 1978 Code)]
452-1Enforcement of state regulations [1]
The Township of Mantua shall enforce within the Township Chapter IX, Public Recreational Bathing, of the State Sanitary Code (N.J.A.C. 8:26-1 et seq.).[2]
Editor’s Note: Amended at time of adoption of Code (see Ch. 420, General Provisions, Board of Health, Art. I).
Editor’s Note: Original § 165-2, Copies on file, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 420, General Provisions, Board of Health, Art. I).
452-2License or permit required.
No persons shall engage in any business or activity regulated by the code specified in § 452-1 of this article aforesaid without procurement of a requisite permit or license from the agency or officer in charge of said business or activity.
452-3Denial of license, permit or certification; hearing.
In the event that any license, permit or certification required by said code specified in § 452-1 of this article is denied by the Board of Health or the appropriate officer enforcing and regulating said business or activity, a hearing shall be held thereon before the Board within 15 days after a request therefor is made by the aggrieved party, and upon such hearing the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such hearing.
The Board of Health may order all further work in and about any business or activity which is being erected or installed or conducted in violation of any provision of the code specified in § 452-1 to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the code, and after issuance of any such order and the service of a copy thereof on any person connected with the erection or installation of any device which is connected in any fashion with or a part of any business or activity which is regulated by the aforesaid code, no further work shall be done thereon except as aforesaid.
452-5Suspension or revocation.
Any license or permit issued under the terms and provisions of this article may be suspended or revoked by the Board of Health of Mantua Township for the violation by the licensee or permittee of any provision of this article or of the code specified in § 452-1 or whenever it shall appear that the business, trade, calling or profession or occupation of the persons, firm or corporation to whom or to which such license or permit was issued is being conducted in a disorderly or improper manner or in violation of any law of the United States or State of New Jersey or any ordinance of this municipality or that the person or persons conducting the relevant business or activity is or are of an unfit character to conduct the same or that the purpose for which the license or permit has been issued is being abused to the detriment of the public or such license or permit is being used for a purpose foreign to that for which the license or permit was issued. A license issued under the terms and provisions of this article shall not be revoked, canceled or suspended until a hearing thereon shall be had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee or permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking and canceling or suspending such license or permit. Notice may be given by either personal delivery thereof to the person to be notified or by depositing the same in a United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business or personal address appearing upon said license or permit. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed or, if the charges have been sustained and substantiated, the Board of Health may revoke, cancel or suspend the license or permit involved.
452-6Violations and penalties.
[Amended 4-25-1978; 4-25-1989[1]]
Any person, entity or corporation who or which violates any provision of this article shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $1,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.
Editor’s Note: This amendment was adopted by the Township Committee.
Article II: Private Swimming Pools
[Adopted 12-12-1995 (Ch. 166 of the 1978 Code)]
The words, terms and phrases listed below, for the purpose of this article, shall be defined as follows:
Includes corporations, companies, associations, societies, firms and partnerships as well as individuals.
Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land or any above-surface pool (including appurtenances, such as decking) having a depth of 24 inches or greater, designed, used and maintained for swimming or bathing purposes by an individual for the use of members of his or her household and guests and located on the applicant’s land as an accessory use to a residence and includes all buildings, equipment, structures and appurtenances thereto.
Any material placed on or over a private swimming pool in a manner such that it collects and allows for the retention of rain or other water.
Any person who shall drain wastewater from private swimming pools or from swimming pool covers shall disperse such water upon the premises wherein said pool is located and, if not practicable, then into a seepage pit on the property or into the storm sewer. No person shall discharge or direct private swimming pool wastewater or water drained from a swimming pool cover onto the abutting property or properties and shall do nothing with such drained water which will create a nuisance to the neighboring properties or to the public.
452-9Violations and penalties.
Any person or persons violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine up to but not exceeding $1,000, imprisonment in the county jail for a term not exceeding 90 days and up to and including 90 days of community service, or any combination of the above. Every day that such violation continues shall be deemed to be a separate offense.
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, provided that such fence(s) is (are) set back from any street line at least 10 feet, and except further that requirements of state or federal regulations shall prevail.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, such fences to be permitted in the side and rear yards only. Subject to Subsection B(4) below, no fences are permitted in the front yard area; provided, however, that fence requirements set forth below apply to the following uses:
A dog run may have fencing a maximum of six feet in height, provided that such area is located in the rear yard area only and is set back from any lot line at least 10 feet.
A private residential swimming pool area must be surrounded by a fence at least four feet but no more than six feet in height. Swimming pool areas shall be located in rear yard areas only.
A tennis court area is permitted only where specified in Article IV or Article VI of this chapter. Where permitted, a tennis court area may be surrounded by a fence a maximum of 15 feet in height, said fence to be set back from any lot line the distance required for accessory buildings in the zone district as stipulated in Article IV or Article VI.
Fences used for farming are permitted to be six feet in height in side and rear yards and four feet in height in front yards and shall not require construction permits.
Fences to be located at electrical, telephone, gas and municipal utilities shall be a maximum height of 10 feet.
Buffer areas shall meet the requirements specified in § 230-31.
Off-street parking, loading and driveway access shall meet the requirements specified in §§ 230-28 and 230-29.
On a corner lot, a fence shall be permitted to be located within 15 feet of a street right-of-way line within that front yard where the house does not face the street. A fence shall be permitted to be located within 15 feet of a street right-of-way line within both front yards where the house faces neither street but the intersection of both streets. All chapter sight-triangle requirements shall be satisfied.
[Added 5-23-2006 by Ord. No. O-04-2006]
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.
