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Swimming Pool Zoning Laws and Fencing Requirements Borough of Madison, Morris County

June 11, 2018

Updated as of June 2018


[Amended 7-10-1967 by Ord. No. 860]

As used in this chapter, the following terms shall have the meanings indicated:


Any basin or structure for which water is primarily used, including but not limited to a pool, spa or hot tub, for sports and recreation by the public and for which a fee may or may not be charged, including any swimming pool operated by a group, association or club, whether the use thereof is restricted to members of said group, association or club or otherwise.

[Added 4-24-2006 by Ord. No. 7-2006]


Any artificial or semiartificial container or receptacle for the containment of water having an inside depth at any point greater than 12 inches, located outdoors and used or intended to be used for swimming or bathing by the owner or lessee of the property on which it is situate, or by the family or guests of such owner or lessee as an accessory use to a residence.

170-2Permit required.

[Amended 4-24-2006 by Ord. No. 7-2006]

No person, firm or corporation shall, within the Borough of Madison, construct or maintain any private swimming pool, as defined in this chapter, until such person, firm or corporation shall first have made application for the same to and have been granted a permit therefor by the Building Official of the Borough of Madison, as in the case of any other building or structure.

It shall be unlawful to continue the use and occupancy of a public pool until a copy of a valid bonding and grounding certificate has been provided to the Borough Construction Official. The bonding and grounding certificate shall be valid for a period of five years from the date of issuance.[1]


Editor’s Note: For provisions pertaining to building permits, see Ch. 75, Building Construction. Original Section 85.3 of the 1970 Revised Ordinances, which immediately followed this section and prohibited pools in front yards, was deleted 6-14-1976 by Ord. No. 15-76. See now Ch. 195, Zoning, §§ 195-16 and 195-35.

 170-3Fences and gates.

[Amended 7-10-1967 by Ord. No. 860]

Every private swimming pool within the Borough of Madison shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as to not have openings, holes or gaps larger than four inches in any dimension, except doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. Said fence or wall shall be so constructed a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or door securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing private swimming pools shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.[1]


Editor’s Note: Original Section 85.5 of the 1970 Revised Ordinances, which immediately followed this section and provided that no swimming pool be constructed closer than 10 feet to any side or rear line of the premises, was deleted 6-14-1976 by Ord. No. 15-76. See now Ch. 195, Zoning, §§ 195-16 and 195-35.

 170-4Artificial lights.

Artificial lights used or maintained in connection with any private swimming pool above the surface of the water shall be directed away from adjacent dwellings.

170-5Violations and penalties.

[Amended 5-11-1970 by Ord. No. 9-70; 5-8-2006 by Ord. No. 19-2006]

Any person, firm or corporation violating any of the provisions of this chapter may, upon conviction thereof, be liable to a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the Judge before whom said conviction was obtained. Each day during which any violation of this chapter shall continue shall be deemed to constitute a separate violation hereof.


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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