Township of North Brunswick, NJ Article XXIII Fences and Swimming Pools

[Amended 2-4-1985]

§ 205-93 Fences.

A. The following provisions are applicable to all districts:

(1) Fences hereafter erected, altered or reconstructed in any zone in the Township of North Brunswick shall be of the following types:

(a) 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).

(b) Open or solid fences not exceeding six feet in height above ground level when located in any side or rear yard area. For pre-existing nonconforming dwellings, a fence no greater than six feet in height may be constructed or maintained at the front foundation wall of the principal building and shall not extend beyond the front plane (or side plane in case of a corner lot) of the house.

[Amended 11-16-2020 by Ord. No. 20-23]

(c) Open wire fences not exceeding eight feet in height may be erected within public park, public playground or public school properties.

(d) Fences enclosing commercial and private pools as specified in §§ 205-94 and 205-95.

(e) Fences specifically required by other provisions of this chapter.

(f) 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.

(g) 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.

(2) Every fence shall be maintained in a safe, sound upright condition.

(3) 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.

(4) 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.

(5) The following fences and fencing material are specifically prohibited in all zones in the Township of North Brunswick:

(a) Barbed wire fences.

(b) Canvas fences.

(c) Cloth fences.

(d) Electrically charged fences.

(e) Expandable fences.

(f) Collapsible fences.

B. The following provisions are applicable to C-1, C-2, G-O, O-R, ERR, I-1 and I-2 Zone Districts:

(1) Fences hereafter erected, altered or reconstructed in the above-mentioned zones shall be in accordance with the following:

(a) Fences permitted under the general provisions applicable to all zones as specified in this section.

(b) 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.

§ 205-94 Private swimming pools.

[Amended 11-16-2020 by Ord. No. 20-23]

The following regulations are applicable only to residential districts:

A. Types of pools.

(1) Permanent underground.

(2) Permanent aboveground. All pools other than permanent underground pools are considered permanent aboveground pools. Temporary portable pools which are 30 inches or less in height and are not designed to contain water over 24 inches in depth shall not be considered permanent pools for the purpose of this chapter, and no permit shall be required to erect such temporary pools.

B. 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.

C. Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

D. Noise. No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

E. Construction permit. Construction permits shall be required for permanent pools, subject to Uniform Construction Code (UCC) regulations. When an application is made for a permit to construct and locate a swimming pool, the applicant shall obtain a zoning permit from the Zoning Officer of the Township of North Brunswick prior to the issuance of construction permits. 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.

F. Maintenance and inspection. Private swimming pools shall be maintained in accordance with the requirements of § 427-3 of this Code. All swimming pools, bathing areas and enclosures shall be subject to inspection at any time by the Health Official or his designated representative, pursuant to § 427-6 of this Code.

G. Pool location. An outdoor swimming pool shall be located not less than eight feet from the foundation wall of the residence on a building lot, and to the rear of the building, not less than 10 feet from any side property line and not less than 10 feet from the rear property line.

H. 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.

I. Enclosure. All pools shall be provided with a safety barrier (fencing and gates) to restrict access to such pools or spas in order to protect against potential drowning and/or injury. Such safety enclosures shall comply with the applicable provisions of the Uniform Construction Code (UCC), including self-locking gate requirements.

§ 205-95 Commercial 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:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.

J. 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.

K. 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.

L. 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.

M. 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.

N. 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.

[1] Editor's Note: See Ch. 427, Swimming Pools.

O. 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.

P. 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]