Updated as of June 2018
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SWIMMING POOL PRIVATE, ABOVEGROUND
A swimming pool extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single-family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
[Added 5-9-2000 by Ord. No. 354-2AA-00]
SWIMMING POOL, PRIVATE IN-GROUND
A swimming pool not extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single-family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
[Added 5-9-2000 by Ord. No. 354-2AA-00]
245-36In-ground swimming pools.
[Added 5-9-2000 by Ord. No. 354-2AA-00; amended 6-23-2009 by Ord. No. 42-09; 6-15-2010 by Ord. No. 32-10]
Applicability. All in-ground swimming pools for residential use are permitted in all residential zones, including those attendant to residential association building clubhouses. Installation of all such pools must be in compliance with the engineering permit procedures as established by § 245-29 and the standards below.
Construction and maintenance; electrical connections.
All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
It shall be unlawful to use any temporary electrical appliances in a portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the underwriter’s seal and shall be effectively grounded.
Lot grading plan.
In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with § 245-29, Plot plans and as-built survey.
The Municipal Engineer’s approval of a grading plan or revised plan shall be based on a determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Municipal Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of a property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this chapter.
If required by the Township Engineer, a pool as-built plan shall be submitted to the Engineering Department to verify the location of the pool. No further inspections will be performed by any Township Department until this plan is received.
Neither an occupancy permit nor a certificate of occupancy shall be issued for any property which is the subject of a lot grading plan until the Municipal Engineer has inspected the property and determined that the construction conforms to the lot grading plan.
If a certificate of occupancy is issued for a property where a house is also being constructed, prior to full compliance with a lot grading plan and full compliance is not affected by the date set forth in the report of the Municipal Engineer, the continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 30 inches in height above the natural grade, engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of Chapter 168. Fill materials and topsoil shall conform to all requirements of Chapter 383.
An engineering inspection/review fee of $150 shall be paid with the engineering application.
In addition, any sidewalk curbing or pavement on a Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the reasonable satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk, curb and pavement construction shall conform to all applicable sections of this chapter.
In addition, ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the satisfaction of the Municipal Engineer prior to the issuance of the certificate of occupancy.
Setbacks.
No in-ground swimming pool shall be permitted in a front yard area.
Side yard setback: five feet.
Rear yard setback: five feet.
In no case shall any swimming pool be allowed within 15 feet of the water ward face of a bulkhead.
245-37Aboveground swimming pools.
Area, yard and building requirements for aboveground pools shall be as specified for accessory structures in the Schedule of Area, Yard and Building Requirements referred to in § 245-10 of this chapter.
[Added 12-30-1987 by Ord. No. 354-2OOOO-87; amended 6-14-1988 by Ord. No. 88; 9-12-1989 by Ord. No. 345-2H-89; 12-12-2000 by Ord. No. 345-2GG-00; 6-25-2002 by Ord. No. 345-2G-02; 11-28-2006 by Ord. No. 37-06; 6-9-2009 by Ord. No. 34-09; 8-24-2010 by Ord. No. 40-10]
No fence shall be erected within the Township of Brick unless a permit for the erection of such fence shall have been obtained from the Construction Official and/or Zoning Officer in accordance with the requirements of this section. The fence permit application shall further be accompanied by an accurate survey identifying the tax lot and block upon which the proposed fence is to be located, the name and address of the applicant, the height and location of the proposed fence in relation to all property lines of the premises upon which the fence is to be located and the material and type of construction of the proposed fence. “Fence or fencing” is defined as any wood, masonry, plastic, metal, vinyl or aluminum structure(s) or any wall, hedge or other vegetation constructed or planted to shield, screen or protect a lot or portion of a lot. Hedges and other vegetation greater than four feet in height, and acting as a shield or screen on a lot or portion of a lot existing prior to September 1, 2010 shall be exempt from the provisions of this section.
No fence, excluding hedges or other vegetation as described above, which shall be constructed under this section within the front yard setback area of any lot shall exceed four feet in height. Any such fence constructed within the front yard setback shall be of a design such as chain link, post and rail or pickets. All pickets shall be spaced at least two inches apart, and each picket shall be no more than 3 1/2 inches in width.
No fence, excluding hedges or other vegetation as described above, which shall be constructed under this section along any side or rear property line shall exceed six feet in height.
Any fence which shall be constructed under this section at the corner of a corner lot shall be placed at 45° to each sideline for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot and shall not create a view obstruction. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection B of this section. No fence shall be erected in the public right-of-way under any circumstances.
No fence to be constructed under this section shall be located less than 10 feet from the pavement or cartway of any street, whether public or private.
Any fence to be constructed under this section shall be erected with the finished side facing the exterior of the lot which is being enclosed and shall be maintained in good and safe condition at all times. In addition, where a wire fence is to be constructed under this section, the unfinished or cut portion of such fence shall be installed toward the ground.
The height limitations provided for in this section shall be not applicable to any fence constructed in any industrial or commercial district within the Township of Brick.
Upon completion of the erection of a fence under this section, requiring a construction permit, the permittee shall notify the Construction Official of the completion of the same and shall request an inspection of the fence.
Notwithstanding any provision of this section to the contrary in cases in which the applicant’s lot fronts on any body of water, the applicant shall be limited to installing a fence of no greater than four feet in height for any area within 200 feet of the body of water. Any such fence constructed within 200 feet of a body of water shall be of an open design such as chain link, post and rail, or picket. All pickets shall have at least two inches of spacing between each picket and be no more than 3 1/2 inches in width. Additionally, as of September 1, 2010, no hedge or other vegetation of greater than four feet in height shall be maintained as a fence constructed to shield, screen or protect a lot or portion of a lot unless exempt from this provision as described in Subsection A above. Any such vegetation at four feet or less prior to September 1, 2010, shall be maintained at a height of no greater than four feet. For all areas greater than 200 feet from the body of water, provisions of this subsection shall not be applicable.
Where the applicant’s lot fronts on any body of water, the property owner may install a fence, wall or hedge or other vegetation of up to six feet in height between the applicant’s dwelling and any adjacent dwelling, so long as there are at least six feet between the dwellings in question. Such fence, wall, hedge or other vegetation may extend only from the water ward house line of the two relevant dwellings which is furthest from the water to the street ward house line of the two relevant dwellings which is furthest from the street as such lines are shown on a survey showing the corners of both the applicant’s dwelling and the adjacent dwelling at issue. Where a property fronts on any body of water and is on a corner lot, the provisions of this section shall not apply to the street ward side of such lot. Nothing in this section shall alter setback or other fencing requirements as established by 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 www.bycarls.com or call 732-504-3372.
