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Swimmig Pool Zoning Laws and Fencing Requirements Borough of Highland Park, Middlesex County

June 11, 2018

Updated as of June 2018

230-117Swimming pools.

It shall be unlawful for any person to construct, install, establish or maintain a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor in the manner prescribed in Subsection B below. However, no permit shall be required for a wading pool of the portable type with a depth of 18 inches or less.

Permits. Application for a permit to construct, establish or maintain or to alter, remodel or add to a permanent private swimming pool or permanent wading pool shall be made to the Building Inspector by the owner of the property or by the contractor, in the name of the owner, who will construct, alter, remodel or add to the same. The application shall be accompanied by four sets of:


A plot plan showing property lines of the premises, all existing houses and structures thereon, and the location and dimensions of the proposed private swimming pool or wading pool or alterations, remodeling or additions thereto, and its auxiliary structures and all existing fences or walls and the height thereof; and


Plans and specifications for the proposed private swimming pool or wading pool or alterations, remodeling or additions thereto, and all auxiliary structures and appurtenances related thereto, and the location, height and aperture dimensions of the fence, together with the gate and its locking or latching devices, which is to be erected when such fencing is required under this chapter.

Approval of plot plan, plans and specifications. No permit for a private swimming pool or permanent wading pool or alterations, remodeling or additions thereto shall be issued by the Building Inspector until the plans, specifications and plot plans have been approved by the Borough Engineer and the Plumbing Inspector of the Borough, and such approval has been properly certified on the plans.

Fees. A fee of $1 shall be paid to the Borough for a private swimming pool permit, which permit fee shall be exclusive of the permit fees required for erection of any accessory structures to be used in connection with such private swimming pool. The above permit fee shall be payable annually on May 15 of each year.

Construction and maintenance. All material used in the construction of private swimming pools and wading pools or alterations, remodeling or additions thereto, as herein defined, shall be waterproof and easily cleaned. Neither sand nor earth shall be placed within any portion of the pool. Construction and design of said pools shall be such that they may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool and wading pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing onto adjacent property.

Water supply. There shall be no physical connection between a potable public or private water supply system and such private swimming pools or wading pools. The outlet of the potable water supply shall be not less than six inches above the overflow level of the pool.

Discharge system. All private swimming pools or wading pools with a water depth of more than 18 inches hereafter constructed, installed, established or maintained within the Borough of Highland Park shall be provided with one drainage outlet not in excess of three inches in diameter extending from said pool to either a storm sewer, dry well or lawn-sprinkling system on the premises on which said private pool or wading pool is located. The discharge of water from such private swimming pools or wading pools into a storm sewer shall be permitted only following approval by the proper state, county and Borough officials, as each case requires. No private pool drain or wading pool drain shall be discharged or flow across any public walkways or public thoroughfares.

Disinfection. All private swimming pools and wading pools shall be treated with chlorine or its compound in sufficient quantity so that there will be present in the water at all times when the pool is in use a residual of excess chlorine of not less than 0.4 nor more than 0.6 parts per million of available free chlorine, or the equivalent thereof.

Bacteriological standards. Not more than 15% of the samples of water taken from any private swimming pool or wading pool when more than 20 samples have been examined, and not more than three samples when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive test (confirmed) for coliform in any of five ten-cubic-centimeter portions of water at times when the pool is ready for use. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. The local Board of Health is hereby authorized to take samples to ensure compliance with these requirements.

Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool or wading pool shall be kept in a sanitary condition at all times

Location. No private swimming pool or permanent wading pool, or alterations, remodeling or additions thereto with a capacity of more than 250 gallons, and no accessory building as set forth in Subsection J hereof, shall be constructed, erected, installed or maintained within 10 feet of any property line, excepting, however, from this requirement, a portable swimming pool or wading pool.



All permanent private swimming pools and all permanent wading pools, or alterations, remodeling or additions thereto, shall be completely surrounded by a substantial self-supporting fence or wall of the type and dimensions hereinafter specified.


All portable private swimming pools and portable wading pools, unless enclosed by a fence or wall of the type and dimensions hereinafter specified, shall be either: a) emptied when not in use or unattended; or b) covered with a suitable strong protective covering, securely fastened or locked in place, when not in use or unattended; excepting, however, that a portable swimming pool or portable wading pool erected above the ground to a height of at least four feet shall not require said fence or wall, provided, further, that any and all steps, ladders or other approaches leading into said pool are removed at all times when the said pool is not in use or unattended.


Whenever a fence or wall is required to be erected under this chapter it shall be at least four feet in height and shall be constructed as not to have openings, holes or gaps larger than three inches in any dimensions except for doors or gates and, if a picket-type fence is erected or maintained, the horizontal dimensions shall not exceed 2 1/2 inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with the fence or wall shall meet the same specifications as the fence or wall itself and shall be equipped with approved locking and latching devices and shall be locked at all times when the private swimming pool or wading pool is not in use or when said private swimming pool or wading pool is not being supervised.

Lighting. No artificial lighting shall be maintained or operated in connection with private swimming pools or wading pools in such a manner as to be a nuisance or an annoyance to neighboring properties, nor shall there be permitted any underwater lighting facilities in any private swimming pool or wading pool.



Every private swimming pool or wading pool, or alterations, remodeling or additions thereto, constructed, installed, established or maintained or to be constructed, installed, established or maintained in the Borough of Highland Park shall at all times comply with the requirements of the local Board of Health in accordance with this chapter. Any nuisance or hazard to health which may exist or develop in or in consequences of or in connection with any such private swimming pool or wading pool shall be abated and removed by the owner, lessee or occupant of the premises on which the said pool is located within 10 days of receipt of written notice from the Building Inspector or Sanitary Inspector of the Borough of Highland Park.


It shall be the duty of the Building Inspector and the Sanitary Inspector, respectively, to enforce the provisions of this chapter.


The owner or operator of any pool within the Borough shall allow the said Building Inspector and the Sanitary Inspector or other authorized official access to any private swimming pool and wading pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter and all other pertinent ordinances at all reasonable times. Nothing contained in this section, however, shall in any way whatsoever supersede, waive, nor repeal the requirements of any and all other chapters of the Borough of Highland Park relating to structures and uses of property.

Penalty. Any persons, partnership, association or corporation, or any member thereof or officer of same who violates this section 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. Each and every day that a violation continues and each and every day after the ten-day notice provided for in Subsection N herein has been given, without abatement of the violation complained of, shall be deemed to be a separate offense.


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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