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Swimming Pool Zoning Laws and Fencing Requirements Stanhope Borough, Sussex County

June 12, 2018

Updated as of June 2018


Any artificially constructed basin or other structure of the holding of water for use by the possessor, his family or guests for swimming, diving and other aquatic sports and recreation. The term “swimming pool” does not include any plastic, canvas or rubber pools temporarily enacted upon the ground holding less than 500 gallons of water.

100-68Swimming pools.

Private residential permanent pools shall be permitted in the rear yard areas only and shall adhere to the following standards:

All pools shall be located only in rear areas.

Pools should occupy no more than 25% of the rear yard.

No edge of any pool or paving, patio area, deck or other improvement integral to the function and construction of said pool shall be located closer to any building or lot line than 25 feet. Where such paving, patio areas or decks are attached to or otherwise occupy the entire area between the pool and the principal structure, the setback shall be determined as the distance from the water’s edge to the principal structure, exclusive of said paving, patio area or deck.

[Amended 9-26-1995 by Ord. No. 1995-20]

The rear yard or portion of the rear yard area where the pool is located shall be enclosed with fencing of no less than four feet nor more than eight feet in height in order to deny accidental access to the pool. A pool with sides that are at least four feet above grade shall be considered in conformance with this requirement as long as any ladder, ramp or set of stairs attached thereto is removable or can be blocked off with a locking gate or partition.

[Amended 8-30-1988 by Ord. No. 1988-26; 7-30-1991 by Ord. No. 1991-15]

The 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 freestanding standards for exterior lighting shall not exceed 12 feet in height.

Adequate screening approved by the Planning Board shall be provided.

100-58Fences, walls and sight triangles.

[Added 9-24-1996 by Ord. No. 1996-15[1]]

Definitions. As used in this section, the following terms shall have the meanings indicated:


Includes any substantially vertical structure, wall or appurtenance, regardless of material composition, but excluding vegetation, whether supported by a foundation, footing, piling, stake, post or aboveground member or self-supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof, to ensure privacy or to act as a support for vegetation.


A substantially vertical landscaping structure, regardless of composition, the primary purpose of which is to retain lateral forces of soil and earth.


The vertical distance measured from a point six inches above the ground to the uppermost elevation of the material comprising the fence, excluding post members. Post members shall not exceed the height of the fence by more than six inches at any point.


The triangular area on a corner lot formed by the intersecting street rights-of-way lines and a line connecting two points, each point being 25 feet distant from the point of intersection of said rights-of way lines. The sight triangle along all county roads must conform to the county standards.

Fence standards.


Maximum height of fence panel.


In front yards, from the face of the building to the right-of-way line, except corner lots, no fence shall exceed four feet in height.


In side yards, from the face of the building to the rear lot line, no fence shall exceed six feet in height.


In rear yards, no fence shall exceed six feet in height.


On corner lots, fences in either of the two front yards may not exceed three feet in height. Under no circumstances, however, shall any fencing be permitted along the intersecting street rights-of-way for a distance of 25 feet from the point of intersection thereof or within the sight triangle formed thereby. The site triangle along all county roads must conform to county standards.


Greater fence height(s) may be required when conditions warrant, as determined by the Planning Board.


The fence posts may exceed the fence panels by a height of six inches. Fence posts may not exceed eight inches in diameter or diagonally.


Fencing for all swimming pools must conform with the currently adopted BOCA code.




All fences must be of new material or material approved for use by the Construction Official and constructed in a workmanlike fashion.


Regardless of where a fence is to be located, it shall not be so constructed as to pose a safety hazard.


The finished side of a single-sided fence shall face outward from the lot on which it is constructed.


Under no circumstances shall fences erected in a residential zone be constructed of barbed wire, razor wire, plywood or sheet metal. Barbed wire construction, if authorized by the Planning Board for commercial and industrial application, must be at least eight feet above the ground.


Barbed wire construction, if authorized by the Planning Board for commercial or industrial application, must be at least eight feet above the ground.


Adequate screening shall be provided as required by the Planning Board between residential areas and commercial, business or industrial zones.

Walls. A construction permit shall be required for any retaining wall which exceeds four feet in height. The wall shall be designed by a professional engineer or constructed in accordance with the manufacturer’s specifications. A copy of the engineer’s design or manufacturer’s specifications shall accompany the construction permit with a modified site plan. The maximum height of a retaining wall in the front yard shall be four feet and six feet in the side and rear yards. When it is deemed necessary or desirable to construct a wall higher than otherwise permitted, the additional wall height shall be offset four feet from the top of the first retaining wall, for a total height not exceeding eight feet.

Sight triangles. Plantings or structures other than fencing within a sight triangle shall not exceed two feet in height as measured above the curbline. In sight triangles where the slope of the ground is already two feet above the curbline, no tree, shrub, structure or other obstruction to vision shall be permitted. The site triangle along county roads shall conform to county standards.


Editor’s Note: This ordinance also provided for the repeal of former § 100-58, Vision requirements at intersections.


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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