This website is brought to you by Carl's Fencing & Decking powered by logo

Swimming Pool Zoning Laws and Fencing Requirements Borough of Ho-Ho-Kus, Bergen County

June 11, 2018

Updated as of June 2018


For the purposes of this chapter, the words and phrases listed below shall be defined as follows:


A pool composed entirely of artificial construction.


A pool formed from a natural body of water which either has so limited a flow or such an inadequate size that the quantity or quality of water must be maintained by artificial means.


Any pool designed, used and maintained for swimming purposes by an individual for use by his household and guests and located on a lot as an accessory use to a residence. Unless otherwise qualified, the term “private swimming pool” shall be construed as including both artificial and partly artificial pools.


Any artificially constructed wading pool, not designed or used for swimming, with a maximum area of 120 square feet and a maximum water depth of 24 inches.

67-2Permit required for construction.

It shall be unlawful to construct or establish a private swimming pool or wading pool as herein defined without having obtained a permit therefor in the manner hereinafter prescribed.

67-3Application for permit; fees.

[Amended 5-22-1962 by Ord. No. 384]

Application for the construction and maintenance of a private swimming pool or wading pool 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 duplicate sets of plans, specifications, certified by a licensed engineer of the State of New Jersey, and plot plans of the property. The plot plans shall show the accurate location of the proposed pool on the property, together with any proposed bathhouses or cabanas, all existing structures, existing and proposed elevation, and shall be certified by a licensed land surveyor of the State of New Jersey. The plot plan shall also show the location, height and type of all existing fencing or walls on the boundary lines of the property, together with the type and height of such fencing or enclosure as may be required by § 67-8 of this chapter, to prevent, within reason, any person from gaining access beneath or through said fence when the pool is unguarded or unattended. A fee of $20 shall be paid to the Borough of Ho-Ho-Kus for such private swimming pool permit, which permit fee shall be exclusive of the permit fee required for erection of any accessory structure to be used in connection with such swimming pool. A fee of $10 shall be paid to the Borough of Ho-Ho-Kus for a wading pool permit as defined herein. No permit for a private swimming pool or wading pool shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Health Officer and Borough Engineer of the Borough of Ho-Ho-Kus, and such approval has been properly certified on the plans. Such approval must be directly obtained from the Health Officer and Borough Engineer by the applicant. All fees charged by the Borough Engineer for his services shall be paid by the applicant.

67-4Construction and maintenance.

All material used in the construction of artificial private swimming pools and wading pools as herein defined shall be waterproof and easily cleaned. Construction and design of said pools shall be such that same may be maintained and operated as to be clean and sanitary at all times. The owners of every private swimming pool shall be responsible for maintaining said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent property, private or public.

67-5Water supply.

There shall be no physical connection between a potable public or private water supply system and such private swimming pools or wading pools at a point below the maximum waterline of the pool or to a recirculating or heating system of said pool.

67-6Discharge system.

All private swimming pools hereinafter constructed within the Borough of Ho-Ho-Kus shall be provided with one drainage outlet, not in excess of three inches in diameter, extending from said pool to either a brook, storm sewer or lawn sprinkling system on the premises on which said private pool is located. The discharge of water from such private swimming pools into a brook or storm sewer shall be permitted only following approval by the proper state, county and/or municipal officials, as the case requires. Approval of an application shall only be given if it is feasible to discharge water from a pool into an accessible brook or storm sewer or use such water for purposes of lawn sprinkling on said premises. Approval shall not be given to discharge in excess of 25 gallons per minute such water at the curb or upon the surface of any Borough street.


No private swimming pool or wading pool shall be erected nearer to a street property line or nearer to a side or rear property line than herein set forth for the respective zoning districts, as follows:


All residence districts. Street and lot line setbacks shall be in accordance with the Zoning Ordinance of the Borough of Ho-Ho-Kus, adopted September 22, 1953, “Area and Bulk Schedule for Residential Districts — Detached Accessory Building Setbacks,” as specified.[1]


Editor’s Note: For current provisions, see Ch. 85, Zoning.


Business and industrial districts. Street and lot line setbacks shall be in accordance with minimum requirements for residence districts for detached accessory building setbacks, as set forth in the Zoning Ordinance of the Borough of Ho-Ho-Kus.[2]


Editor’s Note: For current provisions, see Ch. 85, Zoning.

All private swimming pools and wading pools shall be considered as structures in the determination of yard sizes and lot coverage.


All private swimming pools hereafter constructed or installed within the Borough of Ho-Ho-Kus which are located 200 feet or less from any property line of the lot or plot upon which the same is situated shall be enclosed by a substantial fence, the height of which shall be in accordance with the provisions relating to fences under the relevant section of the Building Code of the Borough of Ho-Ho-Kus.[1] Said fence shall be so constructed as to prevent, within reason, any person from gaining access beneath or through said fence and shall have similarly substantial gates or doors, with facilities for locking said gates or doors at all times when the pool is unguarded, unattended or not in actual use. A sign reading “Private — No Admittance” can, at the discretion of the owner, be placed on the outside of all such gates or doors leading into such private swimming pool. No provision contained within this section, however, shall be applicable where a private swimming pool now existing or hereafter constructed is located not less than 200 feet from the front property line and where there is present on the side and rear lot lines a wall or fencing, the height of which shall conform with the provisions relating to fences under the relevant sections of the Building Code and which shall be so constructed as to prevent, within reason, any person from gaining access beneath or through said fencing.


Editor’s Note: See Ch. 77, Uniform Construction Code Department.


No artificial lighting shall be maintained or operated in connection with private swimming pools in such a manner as to be a nuisance or an annoyance to neighboring properties.

67-10Compliance required; abatement of nuisances.

Every private swimming pool or wading pool, as defined herein, constructed or to be constructed in the Borough of Ho-Ho-Kus shall at all times comply with the requirements of the Board of Health of the Borough. Any nuisance or hazard to health which may exist or develop in, in consequence of, or in connection with any such swimming pool shall be abated and removed by the owner, lessee or occupant of the premises on which the pool is located within 10 days of receipt of notice from the Building Department, Borough Engineer or Board of Health of the Borough of Ho-Ho-Kus.

67-11Violations 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.


If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

67-13When effective.

This chapter shall take effect immediately upon final passage and publication according to law.


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.

Comments are closed.