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Swimming Pool Zoning Laws and Fencing Requirements Township of Florence, Burlington County

June 11, 2018

Updated as of June 2018

www.ecode360.com

SWIMMING POOL

The facilities constructed above or below ground, having a depth of more than two feet or a water surface of 100 square feet or more and designed and maintained for swimming purposes. “Swimming pools” shall include all buildings, structures, equipment and appurtenances.

SWIMMING POOL, PRIVATE RESIDENTIAL

A swimming pool located as an accessory use to a residence for use by members of the residence and guests.

TEMPORARY PORTABLE POOL (including inflatable pools)

Those pools that are less than four feet in depth, are nonpermanent, contain no support structure, and are installed no earlier than May 1 and removed no later than September 30 of each year.

[Added 8-3-2011 by Ord. No. 2011-09]

140-45Swimming pools.

[Amended 7-19-1989 by Ord. No. 1989-12]

Customers desiring to have their above- or below-ground swimming pools filled with water from a hydrant in the Township’s water supply system must first apply for a permit from the Water and Sewer Department. Payment for the volume of water necessary to fill the pool must be paid in advance at the rate of $2.40 per 1,000 gallons. The customer may then make arrangements with the Florence Fire District to fill his swimming pool. Residents of Florence Township who are not customers of the Water and Sewer Department may follow the same procedure to have their swimming pools filled by the fire district.

91-181Temporary portable pools (including inflatable pools). [1]

[Added 8-3-2011 by Ord. No. 2011-09]

Purpose and intent. The intent of this section is to permit small portable temporary pools that are not permanent in nature and can be installed, used and removed within a period of a few months over the summer months without any negative impact to the Municipal Code or property owners.

Permitted in residential zones. Portable temporary pools shall be permitted as accessory uses to single-family residential dwellings in the residential zones, and in the AGR agricultural zone, subject to the specific conditions set forth herein. Temporary portable pools shall be permitted as accessory uses to residential properties in other zones.

(1) 

A building permit and zoning permit are required for any new pool that is 24 inches or more in depth. No permit shall be required under the Uniform Construction Code for any pool that is less than 24 inches in depth.

(2) 

A homeowner who desires to install a temporary portable pool must obtain an initial permit from the Construction Code Office and Zoning Office. Once the initial permit is issued by the Township for the period beginning not before May 1 and ending not later than September 30, then the property owner may apply for an annual certificate of compliance from the Zoning Office each year prior to reinstallation of the temporary portable pool. The fee for each certificate of compliance will be $20.

(3) 

In order to obtain a certificate of compliance each year it is necessary that the pool is placed in the same location; that it remains temporary in nature; and that the same safety barriers required under the Uniform Construction Code remain in place.

(4) 

A temporary portable pool or inflatable pool must be installed in a residential zone on a property that has a primary residence. If a residential property is located in a commercial zoning district, then there still must be a primary residence on the same lot as the temporary portable pool.

(5) 

Impervious surface standards shall not apply for temporary portable pools (including inflatable pools) that are less than four feet in depth and meet the definition contained herein.

(6) 

A temporary portable pool cannot be installed prior to May 1 and must be removed no later than September 30 of each year. All permits for temporary portable pools (including inflatable pools) shall contain this requirement. Failure to adhere to this regulation will result in enforcement action as a violation of the Code.

(7) 

A temporary portable pool cannot be located closer than two feet to any side or rear property line.

(8) 

Temporary portable pools are not permitted in any front yard setback.

(9) 

In order to provide for the safety of children and residents, no municipal permits will be issued for an inflatable pool unless the property has a proper barrier in place in accordance with the Uniform Construction Code. Barrier requirements address fencing, pool steps, locking gates, etc. A copy of the basic barrier requirements for all pools, including temporary inflatable pools, is available from the Construction Code Office.

(10) 

The municipal permit process does not exempt a property owner from receiving approval from their own homeowners’ association (HOA) prior to applying for municipal permits, nor does it override the conditions in any homeowners’ association bylaws.

[1]

Editor’s Note: §§ 91-181, Recreational facilities, and 91-182, Density bonus program, added 8-5-1992 by Ord. No. 1992-28, as amended 2-3-1993 by Ord. No. 1993-3, were repealed 5-5-1999 by Ord. No. 1999-5.

91-182(Reserved) [1]

[1]

Editor’s Note: §§ 91-181, Recreational facilities, and 91-182, Density bonus program, added 8-5-1992 by Ord. No. 1992-28, as amended 2-3-1993 by Ord. No. 1993-3, were repealed 5-5-1999 by Ord. No. 1999-5.

 

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.

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