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Swimming Pool Zoning Laws and Fencing Requirements City of Linwood, Atlantic County

June 11, 2018

Updated as of June 2018

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247-1Swimming pool; permit required.

No artificially constructed pool designed, used and maintained for swimming purposes or otherwise, exceeding 18 inches in depth, shall be constructed or established without having obtained a permit therefor in the manner hereafter prescribed.

247-2Other pools; permit required.

No other artificially constructed pool designed or used for any purpose whatsoever, having a depth of 18 inches or less and an area of 120 square feet or more, shall be constructed or established without having obtained a permit therefor in the manner hereafter prescribed.

247-3Application; permit fees; inspection fees.

Application for the construction and maintenance of any pool as described in § 247-1 or 247-2 herein shall be made to the Building Inspector by the owner of the property or by the contractor who will construct said pool. The application shall be accompanied by a plan, specification and a plot plan of the property. The plot plan shall show the accurate location of the proposed pool on the property, and, where the proposed pool comes within the description of § 247-1 herein, the plot plan shall show the location, height and type of the existing fences or walls on the boundary lines of the property, together with the type and height of such fencing or enclosure as may be required in § 247-5 of this chapter to prevent within reason, any person gaining access beneath or through said fence when the pool is unguarded or unattended.

A fee of $175 for in-ground swimming pools and $100 for aboveground swimming pools shall be paid to the City of Linwood for a permit for the construction of a swimming pool described in § 247-1 and a fee of $95 for a permit for the construction of a pool described in § 247-2 of this chapter.

[Amended 7-9-1997 by Ord. No. 9-1997; 6-13-2001 by Ord. No. 12-2001; 3-10-2010 by Ord. No. 5-2010]

A fee of $45 shall be paid to the City of Linwood for the periodic inspection of swimming pools, spas and hot tubs on any property other than a one- or two-family residential property as provided for in P.L. 1998, c. 137.[1]

[Added 5-12-1999 by Ord. No. 6-1999; amended 6-13-2001 by Ord. No. 12-2001; 3-10-2010 by Ord. No. 5-2010]

[1]

Editor’s Note: See N.J.S.A. 52:27D-133.2.

 247-4Street and property line requirements; fee.

No pool as described in § 247-1 or 247-2 herein shall be erected nearer to any street property line than 20 feet or nearer to any side or rear property line than 10 feet.

All swimming pools shall be constructed within the building lines, and all pools shall contain a water filter of proper size according to the manufacturer’s specifications.

The fee for each permit covering the construction of a swimming pool shall be as described in Chapter 119, Construction Codes, Uniform, § 119-3, Fees, and Chapter 247, Swimming Pools, § 247-3, Application; permit fees; inspection fees.

[Amended 7-9-1997 by Ord. No. 9-1997; 6-13-2001 by Ord. No. 12-2001]

247-5Fence and gate requirements.

[Amended 7-9-1986 by Ord. No. 9-1986]

All pools described in § 247-1 herein now existing or hereafter constructed or installed within the City of Linwood which are located less than 200 feet from any property line of the lot or plot on which the same is situated shall be enclosed by a substantial fence, the height of which shall not be less than four feet from the level of the ground upon which said fence is constructed, so as to prevent, within reason, any person from gaining access beneath or through said fence and which may have similarly substantial gates or doors of not less than four feet in height above the level of the ground, upon which they are constructed, which gates shall be self-latching with latches operated from the side of the fence on which the pool is situated or with a latch placed not less than four feet above the level of the ground on which the gate is constructed. No provision contained within this section, however, shall be applicable where said pool now existing or hereafter constructed is located on a plot not less than 200 feet from the front property line and where there is present, on the side and rear property lines, walls or fences, the height of which shall be not less than four feet from the level of the ground on which the same are constructed and which shall be constructed to prevent, within reason, any person from gaining access beneath or through said fences. All pools described in § 247-1 herein now existing shall have 30 days after final passage and publication of this chapter to comply with the provisions of this section.

247-6Violations and penalties.

Any person who violates this chapter or any part thereof shall, upon conviction, forfeit and pay a fine not exceeding $200 or be imprisoned for a term not exceeding 90 days, or both, for each and every offense, and the failure, neglect or refusal of any such person to thereafter comply with the terms of this chapter within 10 days after notice, in writing, from the Building Inspector shall constitute a separate and additional violation of this chapter.

 

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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