JACKSON, NJ – If you take a look around Jackson, mostly in the summer, you will see many backyards with outdoor porta-potties. The presence of these port-a-potties usually coincides with advertised pool rentals on websites like Swimply where pool rentals advertise ‘outdoor bathroom facilities’ in their ads.
While renting pools is technically illegal, but rarely enforced in Jackson, putting a porta-potty in your backyard all summer is not.
But instead of banning porta-potties for commercial pool rentals, the Jackson Township council agreed on Tuesday night to allow for a temporary permitting process for backyard toilets.
Before the advent of pool rentals and using residential homes for commercial and religious gatherings, porta-potties are commonly found on construction sites when water and sewer facilities have not yet been turned on at a home under construction for the workers.
Now it has become both a quality of life and public health safety matter neighborhoods across Jackson.
Council members voted Tuesday night to introduce new restrictions on how long portable toilets can remain on residential properties, approving the measure on first reading after a spirited exchange over property rights, neighborhood aesthetics, and public health concerns.
The ordinance aims to regulate the placement and duration of porta-potties and similar temporary sanitation facilities, which until now have not been governed by the township code. Council members said the lack of regulation allowed property owners to keep such units on their land indefinitely — sometimes for months at a time — with no enforcement mechanism in place.
Borelli questions enforcement capability
Like many of Jackson’s recently introduced and approved ‘quality of life’ ordinances, the question remains, will anyone enforce the ordinance once it is adopted and will anyone actually receive a fine for violating the ordinance?
Councilman Nino Borelli said while he supports property owners’ rights, he opposed the ordinance’s current form, citing concerns about its potential impact on neighborhood appearance and property values.
“I’m not against the property owner having a temporary porta-potty if they need it for construction,” Borelli said. “My concern is the placement, the aesthetics, and the possible deterioration of property values in the neighborhood, and the length of time these permits would allow. So I vote no.”
Councilman Stephen Bressi and Councilman Scott Pollock both voted yes to advance the measure, with Pollock adding he hoped to revisit certain details before the second reading. “I’m going to vote yes to advance it, but I’d like to speak about it a little more before the next meeting,” Pollock said.
Compromise limits use to 10 days for non-construction sites
Council Vice President Giuseppe Palmeri described the proposal as a “balanced, practical compromise,” distinguishing between active construction sites and personal or non-construction uses. He said construction projects would be allowed longer permit durations to comply with labor and safety standards, while other uses — such as private events or gatherings — would be limited to no more than 10 days, with up to two renewals per year.
“Council Vice President Giuseppe Palmeri said, “I mean portable sanitary facilities serve different purposes and our ordinance should reflect uh should reflect that distinction. An active construction site may, with legitimate justification, require portable sanitary facilities for longer periods to support workers and comply with safety and labor requirements. In those cases, longer permit durations make sense and should be allowed. However, personal or non-construction uses, such as private parties, events, or temporary gatherings, are fundamentally different.”
Palmeri said the ordinance strikes a balance between the need for a backyard porta-potty and public health and quality of life concerns by residents
“This approach maintains flexibility where it’s truly needed while preventing temporary facilities from becoming long-term fixtures in neighborhoods,” Palmeri said. “It provides fairness for property owners, clarity for residents, and consistency for enforcement.”
Pollak votes yes, asking for more discussion before final passage
“I’m going to vote yes to advance it, but I’d like to maybe speak about a little bit more, um, before second reading.”
Council President Mordechai Burnstein emphasized that Jackson currently has no regulation at all, allowing portable toilets to remain on properties for months without oversight. He said the new ordinance would set reasonable limits while still accommodating legitimate needs.
“Right now, anyone can put one up for as long as they want — 60, 70, even 80 days — and there’s nothing the township can do,” Burnstein said. “We just want to make sure that when you do need it, it’s out of sight, out of mind, and out of smell. This helps bring order and fairness to something that’s been unregulated for too long.”
Burnstein placed burden of enforcement on Mayor Kuhn and business administrator
Council President Burnstein made it very clear that the burden of enforcing ordinances lies on the administration of Mayor Jennifer L. Kuhn and Business Administrator Charles Terenfenko. Burnstein also noted that the presence of backyard porta-potties was a sign of other illegal activity.
- Council voted to introduce an ordinance regulating portable sanitation units in Jackson
- Non-construction permits would be limited to 10 days, with up to two renewals per year
- The measure passed on first reading despite one dissenting vote from Councilman Borelli
The ordinance, which passed its first reading, will return for second reading and possible final adoption at the next Jackson Township Council meeting.
