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Swimming Pool Zoning Laws and Fencing Requirements Township of Hillside, Union County

June 11, 2018

Updated as of June 2018

Article I: Margaret M. Roche Memorial Swimming Pool

[Adopted 12-21-1971 as Ch. XVI, Sec. 16-1, of the 1971 Code]


There is hereby created and established rules and regulations for the use and operation of the Margaret M. Roche Memorial Swimming Pool. Use of the swimming facilities shall be subject to further rules and regulations as may be promulgated by resolution of the Swimming Pool Commission. The rules and regulations shall be posted at all times upon the bulletin board at the swimming facilities, and a copy thereof shall be filed with the Township Clerk for public inspection.


As used in this Article, the following terms shall have the meanings indicated:


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


The ten-foot area of concrete immediately surrounding the pool.


The total area within the jurisdiction of the Swimming Pool Commission.


The remainder of the concrete area surrounding the pool.


Membership is open to residents of the Township of Hillside and to nonresidents, except that membership of nonresidents shall be limited to a maximum each year of 175 family memberships, 75 individual memberships and 75 senior citizen memberships. Nonresidents must be sponsored by a paid resident member of the pool as a condition to obtaining membership.

[Amended 12-19-1978 by Ord. No. G-136-78; 3-18-1980 by Ord. No. G-183-80]

Types of membership shall include:


Family membership: includes husband, wife and unmarried children up to and including 21 years of age residing within the same household.


Individual membership: includes any person 18 years of age or older.

[Amended 6-28-1995]


Senior membership: includes individuals 62 years of age or older.

[Amended 6-28-1995]


Business memberships. Membership is open to corporations and all other forms of business organizations, provided that each such business maintains an office located within the township boundaries. Business memberships will not be subject to or included in the limitations imposed by Subsection A of this section. Use of business membership shall be limited to the hours of 12:00 noon to 1:30 p.m. and 5:00 p.m. to 8:00 p.m. on weekdays only and shall not be used on weekends or holidays.

[Added 5-5-1998]

All memberships are granted subject to this Article and the rules and regulations of the Hillside Community Pool as established by the Swimming Pool Commission. Failure to abide by these rules and regulations may result in revocation or suspension of membership.

The giving of false information on membership application or on other documents required by the Swimming Pool Commission shall be cause for denial, revocation or suspension of membership.

The Swimming Pool Commission may deny membership to any person who has violated the rules, regulations and prohibitions of this Article or to any person whom the Commission, in its sole discretion, finds would interfere with the health, safety and welfare of other members.

[Added 11-7-1979 by Ord. No. G-168-79]

Each family membership and each individual membership shall be entitled to receive seven guest passes in any one year for the use of nonresident persons who desire to utilize the pool. A guest must be accompanied by a member of the pool and shall pay an admission fee of $4 per day for admission on weekdays, an admission fee of $6 per day for admission on weekends and an admission fee of $8 per day for admission on holidays. Rainchecks shall be issued to guests in the event inclement weather causes the pool to close before 3:00 p.m.

[Added 5-5-1998]

269-4Hours of operation.

The hours of operation shall be as follows, except as altered by the rules and regulations of the Swimming Pool Commission:


Monday through Friday: 12:00 noon to 8:00 p.m.


Saturdays, Sundays and holidays: 11:00 a.m. to 8:00 p.m.

The Swimming Pool Commission is empowered to conduct free swimming instructions for township residents during the hours when the facility is not in use for the general membership.


The schedule of membership fees for the various classes of membership that are now or may hereafter be provided shall be adopted by resolution of the Board of Swimming Pool Commissioners at least 45 days prior to the commencement of the time set for usage of the pool by the membership, and the fee schedule shall be submitted to the Township Council for final approval, and if approval then is granted, it shall be done by a resolution of the Township Council.

[Amended 2-20-1973 by Ord. No. G-15-73; 5-5-1998]

No fees are returnable for any reason after the first operating date of each season.

Members shall be required to make deposits on or pay fees for such items as may be specified by the Swimming Pool Commission.

269-6Identification badges.

All members shall be issued identification badges which must be shown for admission to the pool area and be exhibited at all times within the pool area.

It is prohibited for a member to transfer or permit transfer of his badge to any other person. Transfer of badges is punishable by suspension or revocation of membership. If such offense occurs near the end of the swimming season, the penalty may carry over until the subsequent swimming season.

Lost identification badges shall be reported to the pool manager immediately. A replacement fee of $5 must be paid before a new identification badge is issued.

[Amended 6-4-1975 by Ord. No. G-64-75; 6-28-1995]

Altering or defacing badges shall result in a one-week suspension of membership. A second offense shall result in season revocation.

269-7Pool rules.

All bathers, including babies, must wear bathing suits in both the swimming and wading pools. Children wearing diapers shall not be permitted in the wading or swimming pools.

Women and girls of all ages shall wear bathing caps at all times in the pool.

All persons using the pool must shower prior to entering the pool, using warm water and soap.

Any person having a communicable disease, open blisters or cuts, sore or inflamed eyes, ears, nose or mouth infections, excessive sunburn or any type of skin disease shall be excluded from the pool area.

No water paraphernalia shall be allowed within the pool area during general membership hours.

Diving shall be permitted in designated areas only.

No person shall be allowed in the water unless a lifeguard is present and the facility is under supervision.

No swimming shall be permitted in diving areas.

269-8General rules.

Street clothing shall be left in designated areas.

Women and girls of any age shall not comb their hair or wear pin curlers or rollers within the pool apron areas

Dressing and undressing shall be done in locker rooms only

All food shall be served or consumed within designated areas only.

Children under nine years of age shall not be permitted unless accompanied by a responsible member 15 years of age or older.

Destruction of property shall result in suspension or revocation of membership.

Neither the Swimming Pool Commission nor its employees shall be responsible for valuables brought into the area

All litter, paper or debris shall be placed in designated trash receptacles

Persons wearing street shoes shall not be permitted within the pool apron area.

Children not toilet trained shall wear rubber pants.

If a child is lost or separated from its parent or other person in charge of it and the child comes under the care or custody of pool personnel, it must be called for within 15 minutes by the person in charge of the child. Failure to call for the child within the time specified may be cause for revocation or suspension of membership of the family under whose membership the child is in the pool area, or the parents of the child if they are members, or the person responsible for the child.

269-9Unlawful acts.

No glass or glass containers shall be permitted within the pool area.

No metal containers shall be permitted within the pool area.

No alcoholic beverages shall be permitted within the pool area

Bicycles shall be parked only in designated areas. Baby carriages and strollers shall not be permitted on pool or wading pool or apron areas.

No wrestling, running, ball playing or other similar activity shall be permitted within the pool area and parking area.

No radios shall be operated on the pool apron area.

No pets or animals shall be permitted within the pool area.

No smoking shall be permitted on or within the pool area.

[Amended 6-24-2014 by Ord. No. O-14-04]

Discarded cigars and cigarettes must be placed in appropriate receptacles.

No spitting shall be permitted.

Roughness, rowdiness, profanity, gambling or other conduct affecting the safety of others may be cause for suspension or revocation of membership.

Soliciting or vending by anyone other than the authorized persons for such activity is prohibited, and soliciting or vending shall be prohibited for 300 feet on either side of the swimming pool entrance on the westerly side of Central Avenue during the hours that the pool is open.

No person shall interfere in any manner with the health, safety or welfare of other persons admitted to the pool facilities.

[Added 11-7-1979 by Ord. No. G-168-79]

269-10Enforcement of rules and regulations.

Regulations shall be posted at the pool.

The Swimming Pool Commission, pool manager or assistant manager may close or limit the swimming facilities whenever, in their judgment, such action is deemed necessary or desirable for the protection of the health or safety of persons entitled to use the facilities.

Members of the Police Department, Swimming Pool Commission and their employees, 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 or any act or actions in violation of rules and regulations provided in this Article.

The Swimming Pool Commission, the manager or assistant manager, when in charge, shall have the power of expulsion or suspension of the privileges otherwise granted to the holder of the membership badge.

269-11Incorporation of statutory provisions.

The Swimming Pool Code of the New Jersey State Department of Health [1] is hereby incorporated into this Article and becomes a part thereof.


Editor’s Note: For current provisions, see Chapter IX, Public Recreational Bathing, of the New Jersey State Sanitary Code, N.J.A.C. 8:26-1 et seq.

 269-12Violations and penalties.

[Amended 10-21-2003]

Any person convicted of a violation of a provision of this Article or any supplement thereto shall have his membership revoked, which may be in addition to a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.

269-13Rules and regulations not exclusive.

The provisions of this Article shall not relieve any person of the duty to observe other provisions as set forth in any New Jersey statute or ordinance of the township or as otherwise provided in this Article.


[Added 5-15-1973 by Ord. No. G-19-73]

All moneys received from any source by the Swimming Pool Commission shall be immediately paid to the Treasurer of the Township of Hillside in accordance with the § 35-4 of this Code.


[Added 5-15-1973 by Ord. No. G-19-73]

The Swimming Pool Commission shall recommend all claims for payment or reimbursement of any kind, except payroll, and payment shall be made in accordance with the Township of Hillside claims procedure in § 35-5 of this Code. The payroll account shall be regulated in accordance with § 35-6 of this Code.


[Added 5-15-1973 by Ord. No. G-19-73; amended 6-24-2014 by Ord. No. O-14-04]

All hiring of personnel and contracts for services, maintenance or equipment shall be submitted to the Hillside Township Council for its approval before becoming effective.

Article II: Construction of Swimming Pools

[Adopted 12-21-1971 as Ch. XVI, Sec. 16-2, of the 1971 Code; amended in its entirety 12-16-1975 by Ord. No. G-84-75]


As used in this Article, the following terms shall have the meanings indicated:


Artificially constructed aboveground swimming pools or tanks, plastic or otherwise, established or maintained on any premises by any individual for his own or his family’s use or guests of his household.


Those pools which are not otherwise permanently installed; do not require water infiltration, circulation and purification; do not exceed a water surface of 120 square feet; and do not exceed 18 inches of water depth. Wading pools shall not be subject to the requirements of § 269-18.

269-18Permit required; fee.

[Amended 10-21-2003]

It shall be unlawful to establish or construct a swimming pool without first having obtained a permit from the Construction Official. Application for a permit accompanied by three (2) sets of plans and specifications or proper descriptive brochures shall be made to the Construction Official by the owner of the property. The Construction Official shall issue a permit for the construction or installation of the pool if the pool complies with the requirements of this Article, and provided further that the same has been approved by the Plumbing Inspector. A fee of $10 per $1,000 of the cost of the swimming pool, with a minimum fee of $25, shall be charged by the Construction Official for each permit.

269-19Private swimming pools.

Private residential aboveground swimming pools shall adhere to the following standards:

All pools shall be located only in rear yard areas, and no pool or wading pool shall be constructed or installed on any lot unless a residence building is located on the lot or unless the lot is part of a residence curtilage.

Pools shall occupy no more than 25% of the rear yard area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.

No edge of any pool shall be closer to the main building of any lot line than seven feet.

In the case of a corner lot, a private permanent swimming pool shall not be constructed, erected, installed or maintained closer to the side street line than the prevailing setback line on that street.

Suitable and appropriate trees, shrubbery, planting or fencing shall be provided and maintained so that neither the pool itself nor the bathers using it are visible at any time to a person standing on the ground on any adjoining street or on any contingent property, except that this provision does not apply to diving boards or platforms or to bathers while they are on such diving boards or platforms.

The pool may be lighted by underwater or exterior lights, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. All freestanding standards used for exterior lighting shall not exceed 12 feet in height and shall be no closer than nine feet to the edge of the pool. Underwater lighting shall be in compliance with the applicable National Electrical Code. Accompanying the application for a building permit shall be a certificate of approval from the National Board of Fire Underwriters that the underwater lighting facilities meet their specifications.

The pool shall be completely surrounded by such fencing as will effectively exclude children or trespassers, except that gates shall be provided which shall be kept locked when the pool is not in use.

Sound-absorbing and sound-deflecting structures and planting shrubbery and trees shall be provided in such manner and number as to effectively reduce the sounds from the pool as heard on contiguous property or streets to the end that there shall be no unreasonably loud noise or sound which is abnormal to the surrounding neighborhood.

All areas surrounding the pool shall be made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.

All material used in the construction of swimming pools shall be waterproof and easily cleaned. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottom shall not be used.

There shall be no physical connection between a potable public or private water supply system and such pools at a point below the maximum flow line of the pool or to a recirculating or heating system of a pool unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.

All swimming pools hereafter constructed shall be provided with not over one two-inch-diameter galvanized iron pipe or approved equal drain extending from the pool to a brook, adequate dry well, curb gutter opening or storm sewer where capacity is adequate as determined by the Township Engineer. No pool drain shall be connected to the sanitary sewer system. Pool drainage systems must be approved by the Plumbing Inspector prior to the issuance of a permit by the Construction Official.

All swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for the chlorination and other disinfection and filtering to comply with such approved bacteriological standards as may be promulgated by regulations issued by the Board of Health to the township.

See also the township regulations concerning the Board of Health ordinances.[1]


Editor’s Note: See Part III, Board of Health Legislation, of this Code.


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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