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Swimming Pool Zoning Laws and Fencing Requirements Hamilton Township, Mercer County

June 11, 2018

Updated as of June 2018


A water-filled enclosure, whether located above or below the ground, designed and maintained for swimming or bathing or other purposes by an individual for use by members of his household and guests, and which is located on a lot as an accessory use to a detached dwelling. The term includes all buildings, structures, equipment and appurtenances thereto.

550-126Swimming pools.

[Amended 1-20-1993 by Ord. No. 93-008; 1-3-1996 by Ord. No. 96-008]

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yards only. A minimum seven-foot setback from water’s edge to each property line shall be required for in-ground pools. A minimum four-foot-wide landscape buffer in the form of grass, shrubs or trees shall be provided between the pool structure and the side and rear lot lines. Filters and other mechanical equipment associated with the operation of the pool are not permitted within the seven-foot setback. Aboveground pools are required to have a minimum ten-foot setback between all property lines and the water’s edge or the closest portion of the deck constructed to serve the pool, whichever is closest to the property line. Filters and other mechanical equipment associated with the operation of the pool are not permitted within the ten-foot setback. A minimum distance from the nearest portion of the principal building to the closest portion of the swimming pool structure should not be less than five feet. A pool may be constructed closer than five feet to an open deck which is attached to the principal building. Decks may be built up to the water’s edge of the pool.

A private residential swimming pool area must be secured with fencing and/or other safety devices pursuant to the Uniform Construction Code (UCC).[1]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

All swimming pools shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

In-ground swimming pools shall require a grading plan showing existing and proposed grades and the proposed flow of surface drainage. The plan is to be presented with the application. This plan must also show the location of the proposed pool and any appurtenances and must be signed and sealed by a licensed New Jersey professional engineer.

Aboveground pools shall require a plot plan of the site showing the location of the proposed pool and any appurtenances. This plan is not required to show grades.

Pools that are less than 24 inches deep or having a surface area less than 250 square feet, except when such pools are permanently equipped with a water-recirculating system or involve structural materials, shall not require a construction permit.

Filters and other mechanical devices associated with the pool shall be located on the site, designed and buffered in such a way as to not cause undue negative impacts on adjoining properties.


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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