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Swimming Pool Zoning Laws and Fencing Requirements Borough of Leonia, Bergen County

June 11, 2018

Updated as of June 2018

Chapter 254: Swimming Pools

Article I Municipal Pool


The general supervision, control over, maintenance, operation and regulation of the Leonia Municipal Pool is hereby assigned to the Leonia Recreation Commission in accordance with the provisions of the Act of the Legislature entitled, “An Act Authorizing the Municipalities of New Jersey to Construct, Own and Operate Public Swimming Pools and Other Recreational Facilities in connection Therewith and to Improve, Maintain and Regulate the Same,” approved July 22, 1957 (N.J.S.A. 40:61-22.21 to 40:61-22.29).

254-2Appointment of Council member to attend Commission meetings.

The Mayor shall appoint in January of each year, with the advice and consent of the Council, one member of the Council whose duty it shall be to attend all meetings of the Commission. He shall have no vote but he shall report, to the Council, Commission activities.


The Borough Treasurer shall maintain a revenue and appropriation account which shall be separate and distinct from any other accounts of the Borough. The Commission shall not contract any financial obligations of any kind beyond the amount of the appropriation made for the Leonia Municipal Pool by the Council.


For the purpose of this article, the following terms are hereby defined.


The Leonia Recreation Commission.


Includes husband, wife, widow, widower and all children natural, adopted or a member of the household who has not yet reached his 19th birthday as of May 31 of the membership year.


Any nonmember who is accompanied to the Leonia Municipal Pool by a member.


Includes all persons who do not qualify under the family membership.


Any person who shall, actually and physically, reside in the Borough of Leonia during the period of his use of the Leonia Municipal Pool.

254-5Use of pool.

[Amended 3-21-2016 by Ord. No. 2016-3]

All persons who are residents of the Borough of Leonia or guests, as well as Leonia or Edgewater residents attending any high school, upon proper identification being presented to the pool office and who otherwise meet the terms of this article, shall, upon the payment of the proper fee, be entitled to use the facilities.


The Council shall each year, by resolution, set the fees for persons entitled to use the Leonia Municipal Pool.[1]


Editor’s Note: See § 123-23.1.

 254-7Use of pool by members of armed forces.

Residents of the Borough of Leonia who are on active duty with the Armed Forces of the United States and who are otherwise eligible to use the facilities shall be allowed to swim free of charge; provided, however, that they present to the pool office evidence that they are on leave.

254-8Special memberships.

Any person who feels he has a unique situation and should be entitled to membership may apply to the Commission for a hearing on his case. The determination of the Commission shall be final.


The Council shall each year, by resolution, determine the number of guests members of the pool shall be entitled to bring to the pool.

254-10Rules and regulations.

The Commission shall adopt rules and regulations governing the conduct of the persons using the pool and shall cause them to be posted at such place or places within the pool area so that they may be seen. Said rules and regulations shall also set forth in full the penalty provision hereinafter set forth in this article.

254-11Destruction of property prohibited.

No person, persons, firm or corporation shall destroy or otherwise damage any real or personal property within or without the pool area.

254-12Violations and penalties.

Any person or persons that shall violate any of the provisions of this article or any duly posted rule or regulation of the Commission shall be subject to immediate ejection from the pool area by the officer in charge thereof and, further, shall, upon conviction, be punished as set forth in Chapter 1, Article I, General Penalty.

Article II: Private Pools

[Adopted 10-4-1982 by Ord. No. 949 as §§ 181-13 to 181-20 of the 1982 Code (Ord. No. 635)]


The words, terms or phrases listed below, for the purpose of this article, shall be defined as follows:


A privately owned pool of artificial or partly artificial construction designed and used by any person for swimming or bathing, located on a lot as an accessory structure to a residence, and including all buildings, equipment and appurtenances thereto.


Any individual, corporation, company, association, society, firm or partnership.


A privately owned structure located on a lot as an accessory use to a residence and built above ground level and having an area in excess of 120 square feet or a depth more than 18 inches and capable of being moved when empty.


Any portable pool or permanent pool as defined herein.


It shall be unlawful to construct, install or enlarge a swimming pool without first having obtained a permit therefor in the manner hereinafter provided.

Application for swimming pool permits shall be made to the Construction Official and shall be accompanied by the following documents:


Plans and specifications or proper descriptive brochures.


A plot plan showing property lines of the premises upon which the swimming pool is to be constructed, installed or enlarged, all existing houses and structures thereon, abutting streets and properties and the location and dimensions of the proposed swimming pool and its auxiliary structures, including fencing.


A description of the method of disinfection, treatment and disposal of the water to be used

The Construction Official shall issue a permit for the construction, installation or enlargement of a swimming pool if it complies with the rules and regulations established herein. In the event that a portable pool is dismantled and thereafter erected on the same site as set forth in the original application, no additional permit or fee shall be required.

Fee shall be tendered with the application to the Construction Official in accordance with Chapter 123, Fees, as amended.

254-15Construction and maintenance.

All materials used in the construction or enlargement of a swimming pool shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained in a neat and sanitary condition at all times. Sand or earth bottoms shall not be permitted in any swimming pool.

254-16Water supply.

There shall be no physical connection between a potable water supply system and a swimming pool at a point below the maximum waterl


A swimming pool hereafter constructed or enlarged shall provide for a setback of not less than 10 feet for side and rear yards. A ten-foot setback is required from all structures on the lot. This distance is measured from the end of the pool deck. No swimming pool shall be constructed in any front yard. The applicable area and height restrictions of Chapter 290, Zoning, of the Code of the Borough of Leonia shall be complied with in the event that any swimming pool is enclosed by any material or structure which shall permit the continued use of such swimming pool.

254-18Fencing and access ladders.

All permanent pools shall be completely enclosed by a solid fence or enclosure no less than six feet in height, constructed so as to prevent any person from gaining access beneath or through such fence and which shall have a similarly substantial gate of the same height as the fence or enclosure. Said gates shall be closed and locked at all times when the pool is unguarded, unattended or not in actual use.

Any access ladder or steps used in connection with portable pools shall be removed when such pools are not in use.

254-19Lighting and sound.

No artificial lighting or sound-amplification equipment shall be maintained or operated in connection with a swimming pool in such a manner as to be a nuisance or an annoyance to neighboring properties.

254-20Violations and penalties.

A person violating any of the provisions of this article shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article I, General Penalty. Every day that such violation continues, shall be deemed to be a separate offense.


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 or call 732-504-3372.

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