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

Swimming Pool Zoning Laws and Fencing Requirements Township of Evesham, Burlington County

June 11, 2018

Updated as of June 2018


Includes all pools associated with other than detached single-family and two-family dwellings. Commercial swimmingpools shall be further 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.


A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.


A swimming pool, other than a portable swimming pool, that is located on a lot principally used for a dwelling unit by one housekeeping unit, and including all buildings, structures, and equipment appurtenant thereto.

62-62Swimming pools and hot tubs.

[Amended 4-4-2017 by Ord. No. 4-4-2017]

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone (when included with other impervious surfaces). Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in Chapter 160, Zoning, for each particular zoning district, except that in no case shall a swimming pool be closer than 15 feet to any lot line.

A private residential swimming pool area must be surrounded by a suitable fence at least four feet, but no more than six feet, in height, and must be equipped with a self-latching gate.

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

Pool effluent which is the result of draining, cleaning, filtering, flushing or other pool maintenance operation shall not be permitted to flow overland across adjacent property lines.

Hot tubs that are 100 square feet in area or less shall be located in side or rear yard areas only.


For single-family residential lots, hot tubs shall be set back a minimum of five feet from side and rear property lines.


For residential townhouse lots with zero-foot side yard setbacks, hot tubs may be set back a minimum of three feet from side yard and five feet from rear property lines.


Hot tubs shall be surrounded by a fence in accordance with § 62-62B or equipped with a self-closing, self-latching safety cover.


Hot tub effluent that is the result of draining, cleaning, filtering, flushing or other maintenance operation shall not be permitted to flow overland across adjacent property lines.


Hot tubs larger than 100 square feet shall meet the requirements for swimming pools.

138-1Adoption of standards.

Pursuant to the authority of N.J.S.A. 26:3-69.2, there is hereby adopted by the Township of Evesham that entire Swimming Pool Code known and constituted as the “Swimming Pool Code of New Jersey-1970,” of which code not less than three copies have been and are now filed in the office of the Clerk of the Township of Evesham, and same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Township of Evesham.

138-2Pool maintenance.

[Added 6-5-2001 by Ord. No. 19-6-2001[1]]

In order to inhibit the spread of diseases from mosquito transmission by preventing the presence of mosquito larvae in pool water that is not maintained properly, all pools shall be properly maintained to prevent the existence or presence of any water in which mosquito larvae may mature and grow or exist. All pool covers must be maintained in a way to prevent the collection of stagnant rain water.


Editor’s Note: This ordinance also provided for the renumbering of former §§ 138-2 and 138-3 as §§ 138-3 and 138-4, respectively.

 138-3Permit fees.

The fees for the permits required under this chapter shall be as provided in Chapter 72, Fees, of this Code.

138-4Violations and penalties.

Any person or persons, firm or corporation violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this 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.