Updated as of June 2018
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Any above-surface type of swimming pool constructed of canvas, rubber, plastic or other material, not designed or intended to be stationary or permanently fixed but designed and intended to be removed and stored.
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 any above-surface pool having a depth of more than 18 inches, and in each case a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use by members of his household and guests and located on the same lot as the residential structure to which it is accessory, including all buildings, structures, equipment and appurtenances thereto.
Attachment to principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
Construction prior to principal building. No building permit shall be issued for construction of any accessory building or structure prior to the issuance of a building permit for the construction of the main building. If the accessory building precedes or does not coincide with the construction of the principal building, the Building Inspector shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
Location. An accessory building or structure may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in the individual district regulations, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
A maximum of two accessory buildings or structures and two private storage sheds as regulated in § 168-32 shall be permitted. No more than one detached garage shall be permitted per residential lot. Playsets, gym and swing sets and similar structures shall be included in the number of allowable accessory structures. Swimming pools are not to be included in the total number of allowable accessory structures. The total of all accessory structures shall not exceed the lot coverage as provided for in Schedule D.[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
168-31Swimming pools, hot tubs, spas and man-made bodies of water.
No private swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in the rear yard areas only and shall in no case be located closer than 10 feet to any lot line.
A swimming pool shall occupy no more than 50% of the available rear yard area in which it is located.
A private residential swimming pool area must be surrounded by a suitable fence with a self-latching device at least 54 inches high, self-closing, opening-out gate at least four feet, but no more than six feet, in height, and said fence shall not require a minimum setback from any lot line.
No private residential hot tub or spa or man-made body of water, either fixed or portable, shall be constructed or installed on any lot unless the lot contains a residential dwelling. Exterior hot tubs shall be permitted within the rear yard only and shall not be located closer than 10 feet to the property line.
There shall be no physical connection which will permit pool water to enter the potable water supply line.
Abandoned pool and unused private residential swimming pools situated on premises which are not occupied or dwelt in for a period exceeding 60 days shall be drained or equipped with a swimming pool cover.
All private swimming pools of the portable type hereafter constructed or installed shall have the entire surface area closed over by a cover when not in use or shall comply with the fencing requirement. Such cover shall be constructed of a material of sufficient strength to support 100 pounds at any one point. All covers shall be constructed so as to reasonably prevent access to the pool by any person other than the owner, members of the household and guests.
Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of § 168-31C.
Decks connected to above-ground pool to have a forty-eight-inch complying barrier and stair access to have a complying barrier and gate at the bottom of stairs or yard to have a complying fence protecting both the pool and deck.
Pool filtering and heating systems to be minimum three feet away from pool as to not be used to gain access to pool or pool yard to have a complying fence.
Fences protecting pools to be entirely on owner’s property in which pool is located. Cannot use neighbor’s fence to protect pool.
No pool shall be emptied so as to cause a nuisance or discomfort to adjoining property owners.
Fees. The fee for said license or license approval issued pursuant to this section shall be established as follows:
Public bathing beach: $400.
Public hot tub and spa: $50.
Public swimming pool: $275.
Public wading pool: $50.
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 www.bycarls.com or call 732-504-3372.
