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Swimming Pool Zoning Laws and Fencing Requirements Borough of Eatontown, Monmouth County

June 12, 2018

Updated as of June 2018


The words, terms or phrases listed below, for the purpose of this chapter, shall be defined and interpreted as follows:


Includes either outdoor, above or below grade level pools which are installed or constructed to provide recreational facilities for swimming, bathing or wading.


Include a pool not designed for or capable of being used for swimming, with a maximum area of 120 square feet and a maximum water depth of 12 inches.

Unless otherwise provided herein, the words, terms and phrases herein shall be interpreted and construed in a manner consistent and in conformity with the Swimming Pool Code of New Jersey (1955), as approved by the State Department of Health and as amended and supplemented.

289-2Permit required.

It shall be unlawful to establish or construct a swimming pool without first obtaining a permit in the manner hereafter prescribed. No permit shall be required for a wading pool.


[Amended 5-27-1987 by Ord. No. 14-87]

Application for permits for the construction and maintenance of any swimming pool, as defined, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plans of the property. The plot plan shall show the location of the proposed pool on the property, together with any proposed accessory buildings. The plot plan shall also show the location, type and height of fencing or enclosure as may be required by this chapter. Applicants shall enclose with each application a fee of $10 for an aboveground pool or $35 for an in-ground pool, to be paid to the Building Inspector for a permit to erect or construct a swimming pool as defined in this chapter. No permit for a swimming pool shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Board of Health and the Borough Engineer.

289-4Material of construction.

All material used in the construction of swimming pools shall be waterproof and easily cleaned. The bottom and sides of the pool shall be either white or a light color, except that aluminum paint shall not be used as a finish. Sand or earth bottoms shall not be used.

289-5Water supply.

There shall be no physical connection between a potable public or private water supply system and swimming pool below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool with a downspout with an air gap not less than six inches from the pool overflow level. Potable water siphons will not be permitted to drain the pools. The installation, repair and control of plumbing facilities shall comply with the Plumbing [1] and Sanitary Codes of the Borough of Eatontown. All circulating units shall have sufficient capacity to recirculate the entire contents of the pool within eight hours or less.


Editor’s Note: See Ch. 342, Plumbing.

 289-6Discharge systems.

All swimming pools with a water depth of more than one foot, hereafter constructed, installed, established or maintained within the Borough of Eatontown, shall be provided with the necessary equipment to completely pump out or empty said pool to either a storm sewer, storm sewer catch basin, lawn-watering system, adequate dry well or sand-filtering pit on the premises on which the pool is located. The discharge of water from such pools into a storm sewer shall be permitted only where the capacity is adequate as determined by the Borough Engineer. No pool drain shall be connected into the sanitary sewer system, nor may water from said pool be discharged at the curb or upon the surface of any street. The discharge of said waters shall in no way cause or create a nuisance to the abutting property or to the public.

289-7Disinfection, filtering and bacteriological standards.

All swimming pools shall be so constructed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtering to comply with the following approved bacteriological standards. Chlorine gas-bearing compounds in solution shall be required as disinfecting agents for swimming pools. Not more than 15% of the samples of water taken from any pool shall contain more than 250 pathogenic organisms per cubic centimeter or shall show positive test (confirmed) for coliform in any of ten-cubic-centimeter portions of water at times when the pool is ready for use. The local Board of Health is hereby authorized to take samples to insure compliance with these requirements. Free chlorine residuals and pH values shall be maintained within ranges indicated below:

pH Free Chlorine Residual
7.0 – 7.6 0.4 – 0.6 ppm
8.0 – 8.4 2.0 – 5.0 ppm


All outdoor swimming pools shall be enclosed by a substantial fence not less than 48 inches in height, so constructed as to prevent within reason any person or animal from gaining access beneath, over or through said fence and which shall have a similarly substantial gate of the same height as the fence. Said gate shall be equipped with self-latching devices for keeping gate closed when not in actual use. Gate shall be kept locked when the pool is not in use or is unguarded or unattended. Wading pools shall be:

Emptied when not in use or unattended.

Covered with a strong protective covering capable of supporting a minimum dead weight of 100 pounds. Cover shall be securely fastened or locked in place.


A swimming pool shall be as an accessory to a residential use as set forth in the Zoning Ordinance of the Borough of Eatontown and shall be governed by said Zoning Ordinance.


No artificial lighting shall be maintained or operated in connection with said pool in such a manner as to be a nuisance to or an annoyance to the neighboring properties.


Nuisance. Any nuisance which may exist or develop in or in consequence of or in connection with any swimming pool shall be abated and/or removed by the owners.

Mechanical defects and supervision. Whenever any swimming pool by reason of mechanical defects or lack of supervision is, in the opinion of the Board of Health, polluted and detrimental to health, it shall be closed to use.

Operation and maintenance. Any accessory buildings or any other physical facility or equipment incident to the maintenance and operation of any swimming pool shall be in conformance with the rules and regulations of both the Board of Health and the Building Inspector of the Borough of Eatontown.

289-12Public swimming pools.

[Added 1-28-2004 by Ord. No. 2-2004; amended 6-9-2010 by Ord. No. 12-2010; 8-10-2011 by Ord. No. 11-2011]

Public swimming pools as defined by the Monmouth County Board of Health and the New Jersey State Statute and Regulations shall be required to be subject to an annual Board of Health permit to be obtained through the Eatontown Board of Health or the Monmouth County Board of Health for a term commencing April 1 of each year and ending April 30 of the following year. The fee for such a permit, payable no later than March 31 for the following year term, shall be $200 per year payable to the Borough of Eatontown to cover the cost of pool inspection performed by the Monmouth County Board of Health. A late fee of $25 will be charged if the application fees are received after April 30.


[Amended 1-28-2004 by Ord. No. 2-2004; 8-10-2011 by Ord. No. 11-2011]

It shall be the duty of the Monmouth County Board of Health and/or the Building Inspector or other official designated by the governing body of the Borough of Eatontown to enforce the provisions of this chapter. It shall also be the duty of the owner of any pool to allow the local or County Board of Health or delegated authority and/or the Building Inspector or other designated official access to any swimming pool or wading pool and appurtenances thereto for the purpose of inspection and to ascertain compliance with the chapter and all other pertinent ordinances, at all reasonable times.

289-14Violations and penalties.

[Amended 1-28-2004 by Ord. No. 2-2004]

Any person, partnership, association or corporation or member thereof or officer of the same who violates this chapter or any part thereof shall, upon conviction in the municipal court, be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days, or combination of the aforesaid sanctions.

89-42Swimming pools.

[Amended by Ord. No. 27-81; 2-8-2012 by Ord. No. 02-2012]

Private swimming pools may be constructed as an accessory use to a one-family dwelling unit or townhouse, patio home, quadplex, zero-lot-line home development, mobile home park projects or garden apartment projects in any residential zone in accordance with the provisions of Chapter 289, Swimming Pools, of the Code of the Borough of Eatontown, subject to the regulations of this chapter.

Zone Required Side Yard


Required Rear Yard


Set on Corner Lot Abutting Street
R-10, MLC 7 5 30 feet from property line
R-20 15 10 50 feet from property line
R-32 25 10 75 feet from property line
R-32 FRD 25 10 Corner requirements as set forth below

R-32 FRD Zone.


For lots measuring 12,000 square feet to 18,000 square feet in size, the corner lot setback shall be 40 feet from the property line.


For lots measuring 18,000 to 32,000 square feet in size in the R-32 FRD Zone, the corner lot setback shall be 50 feet to the property line.


For lots measuring greater than 32,000 square feet in size in the R-32 FRD Zone, the corner lot setback shall be 75 feet to the property line.

Listed above are the setbacks for residential zones in Eatontown for swimming pools. These setbacks would apply to the pool and all appurtenances, such as filter, deck, patio, etc. Only the fencing would be able to be located in a closer proximity to the property line.

Pursuant to Chapter 289 of the Code of the Borough of Eatontown, all outdoor swimming pools shall be enclosed by a substantial fence of not less than four feet in height with a self-locking gate, and at no time during the construction is the site to be left unattended while the fence is not in place. A substantial, temporary fence must be maintained during the entire course of the construction of the swimming pool.


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 or call 732-504-3372.

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