Swimming Pool Zoning Laws and Fencing Requirements Township of Allamuchy, Warren County

June 11, 2018

Updated as of June 2018

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SWIMMING POOL

A water-filled enclosure, above and/or below the ground, having a depth of more than 24 inches, and designed, used and maintained for swimming and bathing.

The term “swimming pool” includes hot tubs and whirlpools and other similar water-filled enclosures.

The term “swimming pool” includes all ordinary appurtenances such as buildings, structures and equipment.

Any portable pool that is not permanently installed and meets all of the following criteria is not considered a swimming pool and is not subject to the provisions of this chapter:

(1) 

Does not require water filtration, circulation and purification;

(2) 

Does not exceed 24 inches in depth;

(3) 

Does not exceed a water surface of 250 square feet; and

(4) 

Does not require braces or supports.

 190-516Swimming pools.

• Private residential swimming pools.
• (1) 
• No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a principal residential building. A pool shall be located in side or rear yard areas only.
• (2) 
• A private residential swimming pool shall be enclosed by a permanent fence sufficient to make the pool inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height, nor more than six feet in height. All gates shall be self-closing and self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children. In the case of hot tubs and whirlpools only, a natural barrier, hedge, pool cover or other protective device approved by the Department of Community Affairs shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the fence with self-closing and self-latching gates described above.
• [Amended 2-19-2013 by Ord. No. 2013-02]
• (3) 
• Any lighting in connection with a private residential swimming pool shall be so directed downward and shielded from adjacent properties.
• (4) 
• Private residential swimming pools shall be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment, fencing, noise, and yard and underwater lighting. No amplifying system shall be used.
• Commercial or public swimming pools.
• (1) 
• No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan as an accessory use as permitted in Article 400 or 600. Details for the drainage improvements and utility connections associated with the pool shall be specifically addressed as part of the site plan application. Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.
• (2) 
• No edge of any pool shall be closer to any building or property line than 40 feet.
• (3) 
• The total land devoted to the use of the pool shall be enclosed with a fence no less than eight feet nor more than 10 feet in height.
• (4) 
• No lighting shall be directed or reflected upon any residential building or adjacent property. All lighting shall be in compliance with the applicable National Electric Code.
• (5) 
• All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.
• (6) 
• Public address systems shall be located in the immediate area of the pool and shall not be directed at adjacent residential buildings.
• (7) 
• All pools shall be kept neat and attractive, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
• (8) 
• All commercial swimming pools shall meet the requirements of the Barrier-Free Subcode of the New Jersey Uniform Construction Code and the Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.

 

The following zoning provisions shall apply, even if apparently contrary to other zoning provisions of this chapter.

Accessory Structure minimums- There shall be no minimum separation requirement between a swimming pool and a single family detached dwelling unit.

Accessory uses Permitted

1. Private residential swimming pools, provided the pool is located in the rear yard and/or side yard only, and is no closer than 15 feet to any lot line and occupies no more than 70% of the yard area
2. Private residential swimming poolsaccessory to detached single-family dwellings, provided the pool is no closer than 15 feet to any lot line and occupies no more than 70% of the yard area; commercial or public swimming pools.
3. Usual recreational facilities customarily associated with residential dwelling units, including private residential swimming pools, provided the poolis located in the rear yard and/or side yard only, is no closer than 15 feet to any lot line, and occupies no more than 70% of the yard area. 

 

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.