Updated as of June 2018
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A pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests and which is so located as to be an accessory use to a residence. This definition includes all buildings, structures and equipment constructed or used in connection with a private swimming pool.
A pool which is constructed or installed to operate as a commercial swimming pool as part of a swim club, hotel, motel, health club, or other commercial facility, or as part of a multifamily housing complex, homeowners’ association, condominium association or townhouse association. This definition includes all buildings, structures and equipment constructed or used in connection with a public swimming pool.
No person shall locate and construct, alter or operate a swimming pool until applications are made and approvals have been obtained pursuant to the provisions of § 205-138, Certificates and permits.
All swimming pools shall be maintained in good working order and in a safe and sanitary condition at all times. The area surrounding the pool and its enclosure shall be kept neat and in good order and attractive so as to be in conformity with surrounding properties. No rubbish, debris or litter of any kind shall be permitted at any time.
Pools shall not be left in disrepair or unmaintained to provide for stagnant conditions defined as water that is murky or unclear, providing for plant growth or mosquito breeding, or causing a foul odor.
All swimming pools shall be provided with proper covering when not in use in order to prevent the breeding of mosquitoes. A proper covering shall refer to a permanent cover that shall properly fit the pool and not a tarp (tarpaulin) or other loosely fitted covering that is inadequately fitted and deteriorates with weather conditions. Covers shall also not allow for the pooling of water or rain water on the top. Covering frames may be utilized if they:
Prevent the pooling of water; and
Are constructed safely and adequately to prevent injury or harm.
Aboveground permanent pools.
Aboveground permanent pools may also be drained if not in use. Draining may only occur when no water quality chemicals are present in the water. Aboveground permanent pools that are drained must be removed or dismantled, or covered in a manner as to not provide for pooling water or mosquito breeding conditions. Those pools that are drained must also be maintained as to protect from and prevent bodily injury or harm and must be enclosed or protected as per the provisions of this chapter.
As such, the definition of “not in use” shall not refer to or include preparations for use where chemicals or treatment methods are being applied to water to provide for recreational bathing as such methods are not conducive to mosquito breeding.
Owners may elect to permanently fill underground pools with sediment or soils approved by the Township of North Brunswick in a manner so as not to cause environmental pollution or harm.
Standard code adopted by reference. Chapter IX, Public Recreational Bathing, of the New Jersey State Sanitary Code (N.J.A.C. 8:26-1.1 et seq.) and Chapter 4A, Public Swimming Pools and Places, of Title 26 of the New Jersey Statutes (N.J.S.A. 26:4A-4 et seq.) are hereby incorporated into this Chapter 427 in their entirety by reference. A copy of the code is annexed to and made part of this chapter without the inclusion of the text herein. The code adopted by this chapter is commonly known as the “New Jersey State Sanitary Code Chapter IX Public Recreational Bathing 2004” and is sometimes referred as the “Swimming Pool Code.”
Copy on file. A copy of the Swimming Pool Code has been placed on file in the office of the Township Clerk and shall remain on file there for use and examination by the public.
Permits required.
An annual permit shall be required for the operation of a public pool and obtained from the Township Clerk. Annual permits shall be effective May 1 of each year and expire April 30 of each year.
The fee for the issuance and renewal of an annual permit to operate a public swimming pool shall be $50.
Permits shall also be secured from the Construction Official as required by the Uniform Construction Code for an annual pool inspection.
Revocation of permit. Permits may be revoked by the Health Official or the Construction Official for failure to comply with this chapter or with the standard code as cited in § 427-5A.
All swimming pools, bathing areas and enclosures shall be subject to inspection at any time by the Health Official or his designated representative.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Township Health Official, and the Director of Community Development, or his designated representative, who shall have such powers as are conferred upon him by this chapter, and as reasonably may be implied.
It shall be the duty of the Health Official, and the Director of Community Development, or his designated representative, to inspect and remedy any conditions found to exist in violation of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
427-8Violations and penalties.
Whenever a nuisance as declared by this chapter is found, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than 10 days from the date of service thereof. A copy of such notice shall be mailed to such owner by certified mail, return receipt requested.
If the owner, upon being notified as provided in § 427-5 hereof, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Township Health Official or the Director of Community Development, or their designated representative(s), shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Township Health Official or Director of Community Development shall deem proper.
In any case where the aforesaid nuisances are required to be removed or abated from any lands as provided for in § 427-5Bhereof:
The Township Health Official or the Director of Community Development shall certify the cost thereof to the Mayor and Council who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
The Director of Community Development or the Township Health Official may, in the alternative, certify the costs of abatement of the nuisance to the Mayor and Council with a request that the Mayor and Council institute suit in civil court against the property owner to recover all costs of abatement, together with interest, reasonable attorneys’ fees and court costs, as the court shall allow from said property owner.
Any person or entity who shall violate any of the provisions of this chapter or any order promulgated hereunder shall, after a summons is issued under the terms hereof, be punished as follows:
For a first offense, by a fine of not less than $100 and not to exceed $250. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
For a second offense within two years of any prior conviction under this chapter, by a fine not less than $250 and not to exceed $500.
For a third offense or any subsequent offenses within 10 years of any prior conviction under this chapter, by a fine of not less than $500 and not to exceed $2,000 or by imprisonment in the county jail for a period not to exceed 90 days, or both fine and imprisonment. Each violation of any of the provisions of this article and each day that each such violation shall continue shall be deemed to be a separate and distinct offense.
The following provisions are applicable to all districts:
Fences hereafter erected, altered or reconstructed in any zone in the Township of North Brunswick shall be of the following types:
Open fences not exceeding four feet in height above ground level when located in a front yard area (except corner lots: refer to § 205-22).
Open or solid fences not exceeding six feet in height above ground level when located in any side or rear yard area.
Open wire fences not exceeding eight feet in height may be erected within Public Park, public playground or public school properties.
Fences enclosing commercial and private pools as specified in §§ 205-94 and 205-95.
Fences specifically required by other provisions of this chapter.
Residential property owners may erect a solid fence not exceeding six feet in height or an open wire fence not exceeding eight feet in height where the property abuts land zoned and used for commercial and industrial purposes.
Open fences enclosing private tennis courts not exceeding 10 feet in height may be erected in rear yards, provided that the fence is located not closer than five feet to any property line.
Every fence shall be maintained in a safe, sound upright condition.
All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
The following fences and fencing material are specifically prohibited in all zones in the Township of North Brunswick:
Barbed wire fences.
Canvas fences.
Cloth fences.
Electrically charged fences.
Expandable fences.
Collapsible fences.
The following provisions are applicable to C-1, C-2, G-O, O-R, ERR, I-1 and I-2 Zone Districts:
Fences hereafter erected, altered or reconstructed in the above-mentioned zones shall be in accordance with the following:
Fences permitted under the general provisions applicable to all zones as specified in this section.
Open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and at the building setback line.
The following regulations are applicable only to residential districts:
Types of pools.
Permanent underground.
Permanent aboveground. All pools other than permanent underground pools are considered permanent above-ground pools. Those above ground equipped with fences above the top level of the pool need no additional fencing.
Lighting. All lighting for a private swimming pool shall be installed so as to comply with all safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.
Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.
Construction permit. When an application is made for a permit to construct and locate a swimming pool, the applicant shall show an approval from the Health Officer of the Township of North Brunswick as to suitability and adequacy of design, materials and construction or construction specifications of said pool, including all necessary equipment and appurtenances thereto. The application for a private swimming pool construction permit shall identify the building lot, the location of the residence, location of the swimming pool, all accessory equipment and apparatus, type of pool, all basic dimensions, including the outside dimensions, of the pool, locations of steps, diving stands, boards and location and detail specifications of enclosure and gate on the lot. Application for a construction permit to erect or locate a private swimming pool shall be made only by the owner of the property.
Maintenance. The private swimming pool shall be maintained in good working order and in a safe and sanitary condition at all times. The area surrounding the pool and its enclosure shall be kept neat and in good order and attractive so as to be in conformity with surrounding properties. No rubbish, debris or litter of any kind shall be permitted at any time.
Inspection. The private swimming pool, bathing area and enclosure shall be subject to an annual inspection by the Zoning Officer. In addition, such facility shall be subject to inspection any time by the Health Officer and Police Department of North Brunswick Township.
Pool location. An outdoor swimming pool shall be located not less than eight feet from the side or rear of the residence on a building lot, to the rear of the building setback line, not less than 10 feet from any side property line and not less than 10 feet from the rear property line.
Pump location. The pump of a filtration or pumping system of a private swimming pool shall be located not less than 15 feet from any side or property line.
Enclosure. All pools, except for those pools equipped with fences above the top level of the pool, shall be surrounded entirely by a suitably tight fence, with no opening greater than two inches square and capable of holding a live load of 250 pounds between posts located not more than eight feet apart. However, one side or sides of the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be from four feet to six feet in height and, if made of wire, must be of the chain-link type. Solid fences six feet in height shall be permitted, provided that the residence serves as part of the enclosure in such a manner to avoid obstruction to visibility. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.
Gate. An opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence, which gate shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, shall be equipped with a lock and key or padlock and chain and shall be kept locked except when the pool is in use.
205-95Commercial and private club swimming pools.
The following regulations for commercial or private club swimming pools are applicable to all districts, except the TMU PUD and PUD-II Districts:
Location of club- or bathhouse. The club- or bathhouse for an outdoor commercial or private club swimming pool shall be set back not less than 150 feet from the front property line and not closer than 100 feet to the side and rear property lines. However, no club- or bathhouse shall be required for a hotel or motel.
Pool location. An outdoor commercial or private club swimming pool shall be located not less than 35 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot and not less than 200 feet from the front property line and not less than 100 feet from the side or rear property line.
Off-street parking. Ample parking space shall be provided in an area or areas located not less than 100 feet from the front property line and not less than 60 feet from the side or rear property lines and providing a total area equal to 350 square feet to each car space. For a private club with a membership of up to 100 members, not less than 80 car spaces shall be provided. For each additional 25 members or fraction thereof, not less than 20 additional car spaces will be provided. For a commercial pool with up to 100 lockers or clothes baskets, there shall be provided not less than 40 car spaces, and for each additional 25 lockers or clothes baskets, not less than 10 additional car spaces, and, in addition thereto, two car spaces for each three family lockers.
Size of pool. A swimming pool for a private club, limited to a maximum of 100 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 500 square feet.
Swimming section. The diving section shall be greater than 5 1/2 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.
Pump location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 75 feet from any side or rear property line.
Lounging and spectator area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.
Club- and bathhouse facilities. The club- or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, showers and toilets.
Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.
Pool enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence, capable of holding a live load of 250 pounds between posts, located not more than eight feet apart. However, one side or sides of the club- or bathhouse may serve as part of the enclosure. The fence shall be located not less than 15 feet from the closest edge of the pool. The fence shall be from eight feet to 10 feet high, having no opening larger than a two-inch square. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.
Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence, which gate shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or chain and padlock and shall be kept locked except when the pool is in use.
Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.
Noise. No sound-amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be 10:30 p.m.
Maintenance. Swimming pools for commercial or private club use shall be maintained in good working order and in a safe and sanitary condition at all times as specified by the Swimming Pool Code of the Township’s Board of Health.[1] The area surrounding the pools, its enclosures, parking area and lounging areas shall be kept neat, in good order and attractive so as to be in conformity with the surrounding properties. No rubbish, debris or litter of any kind shall be permitted at any time.
Editor’s Note: See Ch. 427, Swimming Pools.
Inspection. Any swimming and wading pool for commercial or private club use, including bath- or clubhouse, bathing, wading, lounging and parking areas and all enclosures, shall be subject to inspection at any time by the Health Officer and Police Department of the Township of North Brunswick.
License to operate. An annual license to permit or operate a swimming and wading pool for commercial or private club use shall be required on or before the first day of May each year and shall be obtained from the Clerk of North Brunswick Township upon payment of a fee of $50, provided that no complaint of improper maintenance of the club or bathhouse, swimming and wading pools, lounging and parking areas or its enclosures has been filed by the Health Officer or Police Department of the Township of North Brunswick.
[Amended 3-2-2004 by Ord. No. 04-6]
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.
