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Swimming Pool Zoning Laws and Fencing Requirements Township of Morris, Morris County

June 12, 2018

Updated as of June 2018

www.ecode360.com

Article I: Municipal Pool

[Adopted 6-11-1969 by Ord. No. 23-69; amended in its entirety 2-16-2011 by Ord. No. 8-11 (Ch. 67 of the 1969 Code)]

447-1Definitions.

For the purpose of this article, the terms used herein are defined as follows:

AGE

The individual’s age on July 1 of each season.

AREA

The total area belonging to the Township of Morris.

MORRISTOWN RESIDENT

Any person or persons that dwell permanently or continually within the confines of the Town of Morristown.

NONRESIDENT

Any person or persons who do not dwell permanently or continually within the confines of the Township of Morris, New Jersey.

POOL APRON

The prepared concrete deck immediately surrounding the water surface of the various pools.

POOL AREA

The entire fenced area surrounding the pool.

POOL PATIO

The prepared concrete deck adjoining the refreshment area and the pool building.

RESIDENT

A person who dwells permanently or continually within the confines of the Township of Morris, New Jersey.

447-2Membership.

Membership is open to residents of the Township of Morris. Applications for membership from nonresidents will be accepted on a limited basis to be determined by the Township Committee, Township of Morris. Applications in excess of the maximum membership capacity of 4,000 memberships will be placed on a waiting list. As vacancies occur, the applications from Morris Township residents will be taken from the waiting list in the sequence in which they were received. Membership is valid for one season only and shall have no bearing on eligibility in any successive season.

Types of membership; proof of residency.

(1) 

Types of membership:

(a) 

Family membership, resident or nonresident. This membership includes a couple or widow or widower only and all children, natural or adopted, unmarried and living at home, including state ward children who are not yet 23 years of age on July 1 of the membership year.

(b) 

Couple membership of two people, one of whom is an adult, resident or nonresident, who reside in the same dwelling (child, if any, who is not yet 23 years of age on July 1 of the membership year).

(c) 

Babysitter or parent’s helper, resident or nonresident, who does not reside in the same household, but must be accompanied by the children for which they are responsible and which children must be members of a household membership.

(d) 

Individual membership, resident or nonresident, is available to any one individual 12 years of age or over. Children between the ages of 12 and 16 must successfully complete a swim pool proficiency test prior to obtaining an individual membership.

(e) 

Senior citizen individual membership, resident or nonresident, is available to any one individual who is of the age of 62 years or older on July 1 of the membership year, and such person must present proof of age at the time of application by either a photo static copy of his or her birth certificate or other proof satisfactory to the Township of Morris.

(f) 

Senior citizen couple membership, resident or nonresident, is available to any senior couples who are of the age of 62 years or older on July 1 of the membership year, and such persons must present proof of age at the time of application by either a photo static copy of his or her birth certificate or other proof satisfactory to the Township of Morris.

(2) 

The Township of Morris reserves the right to request proof of residency.

Servicemen who are residents of Morris Township and who are on leave or discharged during the period of January through Labor Day of the current pool season shall be given a pool membership free of charge, upon proof of leave or discharge at the time of application for this privilege.

447-3Use of pool.

All members, upon proper identification card being presented to the pool office, shall be entitled to use either pool facility.[1]

[1]

Editor’s Note: Original § 67-3B of the 1969 Code, which pertained to membership applications and immediately followed this subsection, was repealed 6-17-2015 by Ord. No. 20-15.

Membership will be accomplished by submission, acceptance, and execution of a written application to the Department of Parks and Recreation.

(1) 

Mail to:

Township of Morris

Parks and Recreation Department

50 Woodland Avenue

P.O. Box 7603

Convent Station, New Jersey 07961-7603

(2) 

Upon approval, an identification card will be issued. This card is nontransferable.

Senior citizens who are 62 years of age or over, who are related to pool members, may receive free guest privileges to the pool area only, excluding swimming, and then only when accompanied by the pool member to whom they are related.

447-4Hours of operation.

The Township Committee of the Township of Morris shall, from time to time and as it sees fit, establish hours of operation of the municipal swimming pool by resolution of said Township Committee.

447-5Membership fees.

[Amended 2-27-2013 by Ord. No. 2-13; 2-19-2014 by Ord. No. 2-14; 2-18-2015 By Ord. No. 01-15; 6-17-2015 by Ord. No. 20-15; 2-17-2016 by Ord. No. 01-16; 2-17-2017 by Ord. No. 01-17]

Fees.

Rate Prior to May 1 Rate Beginning May 1 Rate Beginning August 1
(1) Individual membership (12 years and older):
(a) Resident $185 $195 $135
(b) Nonresident $320 $335 $245
(c) Morristown resident $255 $265 $195
(2) Couple membership (2 people, 1 adult minimum)
(a) Resident $270 $290 $200
(b) Nonresident $420 $440 $315
(c) Morristown resident $345 $365 $260
(3) Baby-sitter/parent’s helper:
(a) Resident $115 $115 $115
(b) Nonresident $115 $115 $115
(4) Family membership
(a) Resident family $365 $385 $270
(b) Nonresident family $530 $540 $395
(c) Morristown resident $450 $470 $340
(5) Senior citizen individual (62 years and older)
(a) Resident $75 $80 $55
(b) Nonresident $145 $165 $110
(c) Morristown resident $115 $130 $100
(6) Senior citizen couple (62 years and older)
(a) Resident $120 $125 $90
(b) Nonresident $235 $255 $180
(c) Morristown resident $180 $195 $140

Membership fees shall be paid in full with the filing of the application for membership.

Weekday (Monday to Friday) daily admission is available to Township residents only beginning August 1, 2017 at the rate of $20 per person payable at the pool gate. Resident identification is required. Daily admission is available to nonresidents beginning August 1, 2017 at a rate of $25 per person payable at the pool gate.

Guests will be permitted to members as follows:

(1) 

Registered prior to May 1: Each family membership will receive eight free one-day guest privileges, each couple membership shall receive five free one-day guest privileges, and each individual membership will receive four free one-day guest privileges, which guest privilege may be used at any time during the current pool season only.

(2) 

Registered May 1 or later: Each family membership will receive four free one-day guest privileges, each couple membership shall receive three free one-day guest privileges, and each individual membership will receive two free one-day guest privileges, which guest privilege may be used at any time during the current pool season only.

(3) 

Thereafter, guests will be permitted to members by purchasing a daily guest pass at the pool at a charge of $10 each per day on weekdays and $15 each per day on weekends and holidays. However, all members may purchase cards of 10 one-day guest privileges at the rate of $75 for each card of 10 from the Parks and Recreation Department, which guest privileges may be used at any time during the current pool season and the following pool season. All guests, however, must be accompanied by the member at all times. Failure to accompany the member at all times may result in revocation of the membership without refund.

No fees are returnable for any reason after opening day of each season.

Children’s group swim lessons may be offered at the discretion of the Township of Morris. If offered, said lessons shall be available to the children between the ages of four and 12, four days a week for two weeks at a cost of $20 per child for a current Swim Pool member and $35 per child for nonmembers residing in Morris Township. Private swim lessons for children or adults are available to pool members only at a cost of $20 per person per thirty-minute class.

Swim team is offered to all children between ages six through 17 at a cost of $55 per child. Swim team participants must be current members or staff of the Morris Township swim pools.

Lost card fee is $10 per card.

Active volunteer members of the Morris Township Fire Department, the Morris Township Office of Emergency Management, and the Minutemen Volunteer First Aid Squad shall receive a seasonal pool membership for themselves and their immediate family (as defined in this chapter) at no charge for the membership season. The chief operating officer of each unit shall certify that the volunteer qualifies as an active member for that year.

Individual employees of the Township of Morris shall be eligible for a seasonal swim pool membership at no charge for the current membership season. Additional family members may join at prorated membership rates.

447-6Identification cards.

All members will be issued identification cards which must be shown for admission to the pool area.

Identification cards are not transferable.

Lost cards must be reported immediately to the pool management, and the individual may secure temporary admission for one day only.

New permanent identification cards may be secured at the Parks and Recreation Department at the hours posted by the Parks and Recreation Department. A fee of $6 will be payable to the Township of Morris for the replacement card.

Membership cards, permanent or temporary, are nontransferable. Anyone transferring and/or anyone who is the recipient of a transferred card, who is also a pool member, will have pool privileges revoked for the remainder of the season without refund.

Persons defacing a card shall lose swimming privileges for seven days and shall be charged $6 for a new card. A second offense shall cause revocation of pool privileges for the remainder of the season without refund.

If membership is obtained by a fraudulent statement, the membership of the entire household shall be canceled without refund.

447-7General rules and prohibitions.

The Township Committee of the Township of Morris may from time to time adopt by resolution general rules and general prohibitions governing the municipal swimming pools in the Township of Morris and may amend the same from time to time by resolution, and said general rules and general prohibitions as may be so adopted by resolution of the Township Committee shall be enforced as set forth in § 447-8 hereof, and the penalty as set forth in § 447-9 hereof shall apply.

447-8Enforcement of rules and regulations.

Regulations shall be posted at the pool and strictly enforced.

The Pool Manager, the Assistant Manager, or the Head Lifeguard in his/her absence may close or limit the swimming facilities, or establish such additional rules and regulations, whenever in his/her judgment such action is deemed necessary or desirable for the protection of health or safety of such persons entitled to use such facilities.

Members of the Police Department of the Township of Morris, the Director of Parks and Recreation, the Pool Manager, the Assistant Manager and all lifeguards, when on duty at the swimming facilities, shall have authority to prohibit any action or conduct which they may consider to be dangerous, improper or immoral and any act or actions in violation of rules and regulations hereinbefore provided.

447-9Violations and penalties.

[Amended 6-17-2015 by Ord. No. 20-15]

Any person or persons who shall violate these rules and regulations shall be subject to immediate ejection from the area by the official in charge thereof, and his membership subject to revocation or suspension by the Township, or, if a complaint shall be filed, any person or persons who shall violate any of the provisions of this article shall, upon conviction thereof, be punishable as provided in § 1-3, General penalty, of this Code.

623-1Adoption of standards by reference.

A code regulating and controlling the location and construction, alteration and operation of swimming pools, hot tubs and spas and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted pursuant to Chapter 188, P.L. 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.

623-2Title.

The code established and adopted by this chapter is described and commonly known as the “Public Recreational Bathing Code” (N.J.A.C. 8:26-1 et seq., May 1991).

623-3Copies on file. [1]

Three copies of said “Public Recreational Bathing Code” have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.

[1]

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

 623-4Fees.

[Amended 5-16-2007 by Ord. No. 16-07]

There is hereby established the following schedule of fees for permits and licenses, which shall be in addition to any other such fees established by the Township of Morris or the State of New Jersey:

Every public bathing place and recreational bathing place shall, on or before June 1 of each year, pay to the Township of Morris an annual license fee in the amount of $200 per pool, spa or whirlpool.

Prior to the construction of a public bathing place or recreational bathing place, the owner or applicant shall pay to the Township of Morris a permit fee in the amount of $250 for plan review.

Prior to the alteration of a public bathing place or a recreational bathing place, the owner or operator shall pay to the Township of Morris a permit fee in the amount of $150 for plan review.

623-5Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this chapter or the “Public Recreational Bathing Code” made a part hereof shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $1,000 for each violation.

Each day a particular violation continues shall constitute a separate offense.

623-6Exemptions.

The fees and charges hereinabove set forth shall not apply to pools, spas or whirlpools owned and operated exclusively by organizations or institutions which are exclusively charitable, religious, educational or municipal.

623-7When effective.

This chapter and the code herein established shall take effect 30 days after the first publication of this chapter, in accordance with the provisions of Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6).

Swimming pools, hot tubs, spas, tennis courts, playground equipment and similar recreational facilities in residential zones. The following regulations shall apply to all swimming pools (except portable pools less than four feet in height and less than 10 feet in length or diameter), hot tubs, spas, tennis courts, playground equipment, and similar recreation facilities accessory to a residential use:

[Amended 12-6-2006 by Ord. No. 28-06]

(1) 

Such facilities shall be erected on the same lot as the principal structure to which they are accessory.

(2) 

Such facilities may not be erected within a front yard but may be erected in a side or rear yard. In the side or rear yard, such facilities shall comply with the minimum setback requirements applicable to the principal building.

(3) 

Such facilities shall be screened by landscaping or solid fencing from all adjoining properties. Fencing used for screening shall be a minimum of four feet in height. Landscape screening shall be a minimum of four feet in height at planting.

[Amended 4-16-2008 by Ord. No. 8-08]

(4) 

Such facilities shall comply with all applicable laws, ordinances, regulations and directives of the Township of Morris and any other governmental agency having jurisdiction.

(5) 

No facility regulated by this Subsection B shall be erected, placed or located on any lot until a grading permit has been issued by the Township Engineer pursuant to § 57-138, or an exemption has been granted pursuant to § 57-138B.

623-1Adoption of standards by reference.

A code regulating and controlling the location and construction, alteration and operation of swimming pools, hot tubs and spas and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted pursuant to Chapter 188, P.L. 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.

623-2Title.

The code established and adopted by this chapter is described and commonly known as the “Public Recreational Bathing Code” (N.J.A.C. 8:26-1 et seq., May 1991).

623-3Copies on file. [1]

Three copies of said “Public Recreational Bathing Code” have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this chapter and will remain on file in said office for use and examination by the public.

[1]

Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

623-4Fees.

[Amended 5-16-2007 by Ord. No. 16-07]

There is hereby established the following schedule of fees for permits and licenses, which shall be in addition to any other such fees established by the Township of Morris or the State of New Jersey:

Every public bathing place and recreational bathing place shall, on or before June 1 of each year, pay to the Township of Morris an annual license fee in the amount of $200 per pool, spa or whirlpool.

Prior to the construction of a public bathing place or recreational bathing place, the owner or applicant shall pay to the Township of Morris a permit fee in the amount of $250 for plan review.

Prior to the alteration of a public bathing place or a recreational bathing place, the owner or operator shall pay to the Township of Morris a permit fee in the amount of $150 for plan review.

623-5Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this chapter or the “Public Recreational Bathing Code” made a part hereof shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $1,000 for each violation.

Each day a particular violation continues shall constitute a separate offense.

623-6Exemptions.

The fees and charges hereinabove set forth shall not apply to pools, spas or whirlpools owned and operated exclusively by organizations or institutions which are exclusively charitable, religious, educational or municipal.

623-7When effective.

This chapter and the code herein established shall take effect 30 days after the first publication of this chapter, in accordance with the provisions of Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6).

Swimming pools, hot tubs, spas, tennis courts, playground equipment and similar recreational facilities in residential zones. The following regulations shall apply to all swimming pools (except portable pools less than four feet in height and less than 10 feet in length or diameter), hot tubs, spas, tennis courts, playground equipment, and similar recreation facilities accessory to a residential use:

[Amended 12-6-2006 by Ord. No. 28-06]

(1) 

Such facilities shall be erected on the same lot as the principal structure to which they are accessory.

(2) 

Such facilities may not be erected within a front yard but may be erected in a side or rear yard. In the side or rear yard, such facilities shall comply with the minimum setback requirements applicable to the principal building.

(3) 

Such facilities shall be screened by landscaping or solid fencing from all adjoining properties. Fencing used for screening shall be a minimum of four feet in height. Landscape screening shall be a minimum of four feet in height at planting.

[Amended 4-16-2008 by Ord. No. 8-08]

(4) 

Such facilities shall comply with all applicable laws, ordinances, regulations and directives of the Township of Morris and any other governmental agency having jurisdiction.

(5) 

No facility regulated by this Subsection B shall be erected, placed or located on any lot until a grading permit has been issued by the Township Engineer pursuant to § 57-138, or an exemption has been granted pursuant to § 57-138B.

 

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.

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