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

Swimming Pool Zoning Laws and Fencing Requirements Stafford Township, Ocean County

June 12, 2018

Updated as of June 2018


As used in this chapter, unless a different meaning clearly appears in the context, words and phrases shall have the meaning respectively described to them in the International Residential Code, New Jersey Edition 2000, and the International Building Code, New Jersey Edition 2000.


Any in-ground structure constructed for swimming or recreational bathing that contains or is intended to contain water. Aboveground swimming pools, on-ground swimming pools, hot tubs, spas and structures less than 24 inches in depth or having a surface area of less than 250 square feet shall not be considered an in-ground swimming pool for purposes of this section.

118-2Permit required.

In accordance with § 118-4 below, a permit for grading and drainage shall be required prior to construction of the following:

A single-family dwelling that has not been part of a subdivision review by the Township Planning Board or Board of Adjustment.

Any in-ground swimming pool.

Any structure or improvements which the Township Engineer, Construction Official or Zoning Officer have determined may cause an adverse impact to any adjoining property.

118-3Permit fees.

Prior to the issuance of a grading and drainage permit, the applicant shall pay to the Township Treasurer the sum of $25 for the permit.

[Amended 5-18-2004 by Ord. No. 2004-42]

Additional review and inspection fees shall be assessed in accordance with the following schedule:


Initial grading plan review fee: $200.


Review of revised grading plan: $100.


As-built review (submit with final as-built plan): $250.


Review of revised as-built plan: $100.


Re-inspection of site/report preparation: $150.

118-4Plan standards.

Prior to the issuance of a zoning permit for the construction of a single-family dwelling, except those having had prior topography approval by the Township Planning Board or Board of Adjustment as part of a valid site plan or subdivision application; a pool permit from the Building Official for a swimming pool pursuant to § 211-35G of the Township Code; or any other required permits for construction delineated under § 118-2C herein; the applicant for the permit shall submit to the Zoning Officer the required fee as set forth in § 118-3 and three copies of a grading plan accompanied by a certification from a New Jersey licensed professional engineer that the plan has been prepared by said engineer and includes all of the items as delineated herein. Said certification shall further set forth that the proposed grading and floor elevation will not impact detrimentally upon any adjoining owner; and further that the plan provides for proper on-site runoff that is adequate to prevent ponding, severe erosion and positive drainage away from the proposed building construction in accordance with § 130-72 of the Township Code.

235-1Adoption of code by reference.

A code regulating and controlling the location and construction, alteration and operation of swimming pools; the issuance of licenses and/or 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 P.L. 1950, c. 188 (N.J.S.A. 26:3-69.1 to 3-69.6). A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.


[Amended 6-1-2004 by Ord. No. 2004-45]

Said code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code,” N.J.A.C. 8:26-3.1 to 8:26-3.24, of the Public Recreational Bathing regulations readopted as R. 2000, d. 241.

235-3Copies of code on file.

[Amended 3-4-2003 by Ord. No. 2003-31; 6-1-2004 by Ord. No. 2004-45]

Three copies of said “Swimming Pool Code,” N.J.A.C. 8:26-3.1 to 8:26-3.24, of the Public Recreational Bathing regulations readopted as R. 2000, d. 241, have been placed on file in the Township office, upon the introduction of this chapter, and will remain on file in said office for the use of and examination by the public.

235-4Permits or licenses required.

[Amended 3-4-2003 by Ord. No. 2003-31]

No person shall locate and construct, alter or operate a swimming pool until permits and/or licenses therefor shall have been issued by the Township.


The following fees and charges are hereby established:

For the issuance or renewal of a license to operate a swimming pool: $50.

235-6Expiration of licenses.

Licenses issued for the operation of a swimming pool shall expire annually on June 30 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to June 1 of each year.

235-7Denial or suspension of license.

[Amended 3-4-2003 by Ord. No. 2003-31]

Licenses and/or permits required by this chapter may be denied or suspended by the Township for failure to comply with the chapter or code. The Township shall afford the person whose license and/or 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 Township’s decision.

235-8Violations and penalties.

[Amended 6-1-2004 by Ord. No. 2004-45]

Any person or persons, firm or corporation violating any of the provisions of this chapter or the “Swimming Pool Code,” N.J.A.C. 8:26-3.1 to 8:26-3.24, of the Public Recreational Bathing regulations readopted as R. 2000, d. 241, made a part hereof, shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.

Swimming pools.


No private residential pool shall be installed on any lot unless the lot shall contain a residence, and the pool shall be accessory to the residence. The pool shall meet the yard requirements for accessory buildings in the district in which it is located, except that if the pool is located in the front yard, the pool shall be set back twice the distance from the street line that is required for the principal building.


Pools shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise and lighting. A pool permit shall be obtained from the Building Official.


All pools shall be required to have fences and gates as required by the BOCA Code.


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.

Comments are closed.