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Swimming Pool Zoning Laws and Fencing Requirements Borough of North Arlington, Bergen County

June 11, 2018

Updated as of June 2018


For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:


Any person, firm, partnership, association, corporation, company or any organization of any kind.


A plan prepared by a licensed engineer or licensed architect of the State of New Jersey or by the owner in accordance with the laws of the State of New Jersey.


Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land or having a depth of more than 24 inches when partly or wholly above ground or having a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use of members of his/her household and guests and located on the applicant’s land or land under the applicant’s control which contains a residential dwelling and shall include all buildings, structures, equipment and appurtenances thereto.


Any shallow pool, whether permanently constructed or of the portable type, which is less than 18 inches below the level of the surrounding land, less than 24 inches deep, when partly or wholly above ground and less than 100 square feet in water surface area.

The word “shall” as used herein is mandatory and not merely directory.


This chapter shall apply to all new and existing private pools except where otherwise indicated herein.

324-3Application for permit.

Before excavation or any other work is commenced on the construction of a pool or the replacement, alteration, enlargement, remodeling or other improvement thereof, an application shall be made to the Construction Department which shall be accompanied by final plans, specifications and reports in duplicate showing the following data:


Detailed plat plan or a survey of the entire property showing existing structures on the premises and adjoining premises, the location of nearby septic tanks, disposal fields and seepage pits and the proposed pool drawn to scale, with pertinent dimensions and grade elevations shown at pool, buildings and property lines.


Detailed plans to scale with dimensions and specifications for the construction of the pool (or other change in existing pools) including piping arrangement, pumps, water treatment facilities, including operating instructions therefor, source of water to be used and report showing quality thereof for potable purposes, provisions for emptying pool and disposal of wastewater and all other facilities proposed by the applicant or required by this chapter.

Neither an application nor permit for construction or installation of a wading pool is required.

324-4Issuance of permit and certificate of occupancy.

[Amended 8-10-1982 by Ord. No. 1254]

When the plans and specifications are filed in a form complying with this chapter and they have been approved by the Construction Code Official, Plumbing Sub-code Official and Electrical Sub-code Official, a permit to construct the same shall be issued. Upon completion, no pool shall be used until inspected by the Construction Code Official, Plumbing Sub-code Official and Electrical Sub-code Official and a certificate of occupancy has been issued by the Construction Code Official.

In the event that the permit to construct a pool is denied to any applicant, then and in that event the applicant may appeal such denial to the Board of Adjustment of the Borough of North Arlington. Such notice of appeal must be filed with the Construction Code Official and the Clerk of the Board of Adjustment within 45 days of denial of the requested permit for construction of the pool.


The following fees are herewith established: for the issuance of a permit to locate and construct or otherwise change a pool, $10 per $1,000 or any part thereof of total cost and any additional fees required by Chapter 122, Construction Codes, and Uniform.

324-6Design and construction requirements.

No permit shall be issued for the construction or other change in a pool unless the construction or installation conforms to the following minimum standards:

No pool shall be designed or located so as to constitute a nuisance or hazard to nearby owners of property or the public

In no event shall a pool be located so that water therein will be closer than five feet to any outside property lines or any building on the premises or adjoining premises. The body of a pool (that part used for swimming or bathing) may not be closer than 10 feet to a septic tank, 15 feet to a disposal field or 20 feet to a seepage pit.

Fences. The Mayor and Council expressly declares that pools which are not properly fenced are detrimental to the health, welfare and safety of the residents of the Borough. Therefore, all pools now existing or hereafter constructed, installed, established or maintained shall, within 180 days from the enactment of this chapter, be completely enclosed by a permanent fence or wall enclosure of durable material not less than four feet in height, but otherwise conforming to other applicable ordinances limiting fence height, and shall be constructed with no openings, meshed holes or gaps larger than four inches in dimension either in the fence or beneath it and should reasonably prevent any person from gaining access beneath any part of the fence. If a picket fence is erected or maintained, the spaces between the pickets shall not be in excess of four inches. A dwelling house or accessory building may be used as part of such enclosure. All fence openings or points of entry into the pool area enclosure shall be equipped with self-enclosing and self-latching devices placed at the top of the gate and made inaccessible to small children.

Editor’s Note:  See Ch. 205, Land Development, § 205-89F.

The pool must be constructed of an impervious material which provides a watertight tank. Sand or dirt bottoms or sides are therefore prohibited.

The grade of the area surrounding the pool or its construction shall not allow the flow of surface water into the pool.

The water to be used for filling or make up purposes shall be of drinking water quality, and the pool shall not be filled from springs or streams not meeting these standards. No cross connection between a pool and a public water supply is permitted

The pool must be equipped with a filter having a relief valve, diatomaceous or cartridge filter or any other approved type having sufficient capacity to provide complete recirculation of the water in 18 hours or less.

Adequate provisions shall be made for the disposal of pool water when emptying same and for the disposal of backwash water. Effluent may be used upon or in lawns, fields, woods or dry wells, provided that such disposal areas are entirely on the property of the applicant and shall not flow onto adjoining property. Water emptied into streams or other waterways must be treated so as to have between one and six parts per million of chlorine.

Piping and drains shall comply with the North Arlington Plumbing Code.

Editor’s Note: See Ch. 122, Construction Codes, Uniform.

A fill pipe is not required, and the pool may be filled with a hose. The fill pipe or hose must be a minimum of six inches above the rim of the pool. Prefabricated pools shall be assembled according to the manufacturer’s specifications.

Electrical requirements.


No overhead current carrying electricity conductors shall cross pools or be located within 10 feet of such pool.


All metal fences, enclosures or railing near or adjacent to pools which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.


Lights used to illuminate the area are to be arranged and shaded so as to reflect light away from the adjoining premises. No unshielded lights shall be permitted.


Underwater lights shall be prohibited unless they are of 30 volts or less.


All electrical equipment shall comply with the National Electric Code, subject to inspection by the Electrical Sub-code Official.

324-7Use regulations.

No pool shall be maintained or used in such a manner as to violate the design or construction standards.

The gate or gates in the fence or enclosure around the pool shall be kept securely locked at all times with a padlock or other lock and key when the pool is not in use

No commercial use of a pool is permitted.

The entire volume of water shall be filtered and chemically treated by circulation through the filter system once each day during the swimming season.

Approved disposal of water must be used in emptying a pool or disposing of backwash water as provided by § 324-6H

The police, Plumbing Sub-code Official or Electrical Sub-code Official shall be permitted to inspect the pool area at any time.

When not being used during non-swimming months, the pool must either be emptied of all water or covered with a cover of sufficient strength so as to support a weight of at least 100 pounds.

324-8Emergency closing.

When, in the opinion of the Construction Code Official or Board of Health, there is an actual and immediate danger of collapse of a pool or if the water is unsafe for use and would endanger the life or welfare of anyone using the pool or the pool area, the Construction Code Official or Board of Health is hereby authorized and empowered to order and require the pool and pool area to be closed and to remain closed until the dangerous or unsafe condition is corrected or repaired.

All pools supplied by a public water supply system shall be subject to closure by proclamation of the Mayor and Council during any period of emergency water shortage.

324-9Violations and penalties.

A violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, General Penalty.


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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