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Swimming Pool Zoning Laws and Fencing Requirements City of North Wildwood, Cape May County

June 12, 2018

Updated as of June 2018

www.ecode360.com

276-42Swimming pools.

Private residential.

(1) 

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools and the fence surrounding it shall be located in side or rear yard area(s) only, and the water area of any pool shall be located no closer than the setback distance prescribed for accessory uses in the applicable zoning district as prescribed in this chapter.

(2) 

A private residential swimming pool area must be enclosed by a suitable fence with a positive, self-latching gate at least four feet.

(3) 

A private residential pool may be lighted by both underwater and exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All standards used for exterior lighting shall not exceed 12 feet in height.

(4) 

A private residential swimming pool and all accessory equipment must be set back a minimum of six feet from the rear and side property line.

[Added 5-7-2013 by Ord. No. 1625]

Public and commercial.

(1) 

The water area of any public or commercial pool or separate swimming tank shall be no closer to any property line than the setback distances prescribed for accessory uses in the applicable zoning district as prescribed in this chapter.

(2) 

The varying depths of the pool shall be prominently marked in the pool as well as at the edge of the pool.

(3) 

The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. If any portion of the pool, part of the land devoted to the use of the pool, light standard or loud speakers are located closer to any residential building or any property line than 15 feet, adequate buffers of trees and shrubs shall be provided to protect against light and sound.

(4) 

The total land devoted to the use of the pool shall be enclosed with a fence no less than four feet in height.

(5) 

No pool shall be constructed or installed unless approved by the Board as part of a site plan approval. All pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the BOCA Basic Building Code, the National Swimming Pool Institute, or the Swimming Pool Code of New Jersey, 1970, whichever is more stringent.

390-1Fence or wall required.

Every swimming pool, bathing pool or wading pool having a depth of 18 inches or more below the level of the land surrounding the pool, or in the case of pools above the ground, having a depth of 36 inches or more, shall be completely surrounded by a fence or wall of substantial construction of not less than four feet in height, which shall be so constructed as to prevent small children from entering through or around said fence or wall.

390-2Gate to be locked.

Any person, including an individual, corporation, partnership or other association of persons, owning or operating property upon which such a pool is located, shall not leave said pool unattended or unoccupied for a period in excess of 1/2 hour without locking the fence or wall gate to prevent entry.

390-3Cover required.

Any person, including an individual, corporation, partnership or other association of persons, owning or operating property upon which such a pool is located, shall not leave said pool unattended or unoccupied for a period in excess of 48 hours unless said pool is covered completely with a cover of sufficient strength to support a weight or weights totaling at least 1,000 pounds, if said pool is filled to the extent that there is water anywhere to a depth of four feet or more. In the event the cover is of a web-shaped design, the openings in the web shall not be more than one inch in width or diameter.

390-4Violations and penalties.

[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411]

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,250 or imprisonment for a term not exceeding 90 days, or both.

 

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.

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