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

Swimmming Pool Zoning Laws and Fencing Requirements Borough of Upper Saddle River, Bergen County

June 12, 2018

Updated as of June 2018

www.ecode360.com

PRIVATE SWIMMING POOL

Includes any artificially constructed swimming pool or tank established or maintained upon any premises by any individual for his own or his family’s use or for the use of guests of his household which has a capacity for water depth of more than 24 inches and whether maintained above the ground or below ground level.

214-1Adoption of standards.

A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is hereby adopted pursuant to N.J.S.A 26:3-69.1 to 3-69.6. A copy of the code is annexed to this chapter and made a part of it without inclusion of the text herein.

The code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey (1970).”

[Amended 6-23-1986]

214-2Copies on file.

[Amended 6-23-1986]

Three copies of the Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Secretary of the Board of Health for use and examination by the public.

214-3Permit required.

No person shall locate and construct, alter or operate a swimming pool until permits therefor have been issued by the Board of Health.

214-4Fees.

The following fees and charges are herewith established:

For the issuance of a permit to locate and construct a swimming pool: $25.

For the issuance of a permit to alter a swimming pool: $25.

For the issuance or renewal of a permit to operate a swimming pool: $5.

214-5Expiration of permit.

Permits issued for the operation of a swimming pool shall expire annually on January 1 and application for renewal thereof shall be submitted, together with the required fee, prior to December 31 of each year.

214-6Denial or suspension of permits.

Permits required by this chapter or code may be denied or suspended by the Board of Health for failure to comply with this chapter or code.

The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board’s decision as provided by Section 2 of the code.

214-7Violations and penalties.

[Added 6-23-1986]

Any person who violates or neglects to comply with any provision of this chapter or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation.

Private swimming pool.

(1) 

A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:

(a) 

Every private swimming pool constructed or installed below ground or installed above ground level with a wall height less than four feet above grade at any point shall be completely enclosed with a permanent substantial fence (with gate) no less than four feet in height above the ground level. No opening in the fence or gate shall be more than four inches in width. The gate shall have self-closing and self-latching devices and shall be securely locked when the pool is not in use. Any access ladder or steps used in connection with an above-surface-type pool shall be removed when the pool is not in use or such access steps or entry area shall be completely enclosed by a fence meeting the provisions of this section.

(b) 

The pool shall be located at least 35 feet from any side or rear lot line, measured from the edge of the water area of the pool.

(c) 

Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.

(d) 

Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.

(2) 

The foregoing restrictions shall not apply to movable wading pools.

(3) 

The owner of an existing private swimming pool not meeting the requirements of the above subsections shall comply within 90 days of March 13, 1969.

Private swimming pool.

(1) 

A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:

(a) 

Every private swimming pool constructed or installed below ground or installed above ground level with a wall height less than four feet above grade at any point shall be completely enclosed with a permanent substantial fence (with gate) no less than four feet in height above the ground level. No opening in the fence or gate shall be more than four inches in width. The gate shall have self-closing and self-latching devices and shall be securely locked when the pool is not in use. Any access ladder or steps used in connection with an above-surface-type pool shall be removed when the pool is not in use or such access steps or entry area shall be completely enclosed by a fence meeting the provisions of this section.

(b) 

The pool shall be located at least 35 feet from any side or rear lot line, measured from the edge of the water area of the pool.

(c) 

Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.

(d) 

Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.

(2) 

The foregoing restrictions shall not apply to movable wading pools.

(3) 

The owner of an existing private swimming pool not meeting the requirements of the above subsections shall comply within 90 days of March 13, 1969.

Private swimming pool.

(1) 

A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:

(a) 

Every private swimming pool constructed or installed below ground or installed above ground level with a wall height less than four feet above grade at any point shall be completely enclosed with a permanent substantial fence (with gate) no less than four feet in height above the ground level. No opening in the fence or gate shall be more than four inches in width. The gate shall have self-closing and self-latching devices and shall be securely locked when the pool is not in use. Any access ladder or steps used in connection with an above-surface-type pool shall be removed when the pool is not in use or such access steps or entry area shall be completely enclosed by a fence meeting the provisions of this section.

(b) 

The pool shall be located at least 35 feet from any side or rear lot line, measured from the edge of the water area of the pool.

(c) 

Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.

(d) 

Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the poolwhich is over two feet and not enclosed by fencing.

(2) 

The foregoing restrictions shall not apply to movable wading pools.

(3) 

The owner of an existing private swimming pool not meeting the requirements of the above subsections shall comply within 90 days of March 13, 1969.

 

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.

Comments are closed.