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Swimming Pool Zoning Laws and Fencing Requirements Township of Middle, Cape May County

June 12, 2018

Updated as of June 2018


A structure artificially constructed in the ground, not fully within a building, which provides recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.

204-24.1Wastewater disposal from backwashing of swimming pools.

[Added 2-2-1998 by Ord. No. 1007-98]

The following regulations shall apply to wastewater disposal resulting from the backwashing of swimming pools:

The system for wastewater disposal shall be adequate to serve the facility including bathhouse, locker room, and related accommodations.

Sanitary sewage and filter backwash waters shall be disposed of without creating nuisances or sources of foulness.

Over-flow water shall be returned to the filter system or discharged to a waste system.

Backwash water shall be discharged into a wastewater disposal system.

All wastewaters shall be disposed of by one of the following approved methods:


Sanitary sewer. The discharge of any wastewater into a sanitary sewer shall have the approval of the Middle Township Sewage Authority.


Natural waters. The discharge of any wastewater into the natural waters of the state shall not be allowed without a NJPDES permit issued by the State Department of Environment Protection, Division of Water Resources, Bureau of Industrial Waste Management, CN 029, Trenton, New Jersey 08625.


Subsurface sewage disposal facilities. The location and construction of a subsurface sewage disposal system shall be in Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14) and local laws, ordinances and regulations and all ordinances of the Township of Middle.


Design standards. All fences constructed in the Township of Middle shall adhere to the following standards in location and size. Fences may be used to screen objectionable views, prevent access to areas of danger, provide security, separate uses, and define spaces.

[Amended 10-5-1995 by Ord. No. 942-95]

Fence requirements. Fences shall be required for the specific areas listed below:

[Amended 10-5-1995 by Ord. No. 942-95]


A six-foot-high chain link fence may be required around the perimeter of all detention and retention basins where there is likely to be two feet or more of standing water. Such fence shall contain at a minimum one entrance gate eight feet in width to provide access for maintenance vehicles. Such fence must be located so as to provide a minimum six-foot-wide level area around the rim of the basin.


A six-foot-high solid wood fence shall be used around all commercial trash containers with a gate in width and location so as to allow easy access and emptying of same.


A four-foot-high fence shall be required around all pools with a depth of 24 inches or greater.

Construction standards.


All fences must be erected within the property lines and may not encroach upon any public right-of-way.


All supporting members of a fence are to be located on the inside of the fence, and all razor wire, cloth and canvas fences are prohibited. Permitted materials include wood, chain link, wrought iron, stone, aluminum and steel.


Fences which are to be painted shall be painted in one color only, harmonious with the surrounding area.


No fence shall impede the flow of natural drainage or cause surface water to be blocked or dammed.


Before any fence is to be constructed, a building permit must be obtained. The request for a permit must be accompanied by a plan which shows height, location, type and design of the proposed fence. In addition, the plan must illustrate the proposed fence’s relation to all buildings, structures, lot lines, rights-of-way and yards utilizing a survey of the property or a tax map.

Fence height restrictions. Fences erected in the Township of Middle shall not exceed six feet in height above ground level except as follows:


Any fences located in a front yard or within 50 feet of a river, stream or other natural body of water shall not exceed a height of four feet.


Any fences located in the rear or side yard of any CB, RGB, RI, CD or H/M/M Zones may be a maximum of eight feet in height.

[Amended 5-21-2001 by Ord. No. 1082-2001]


Any fences located on park, recreation or school properties may be a maximum of eight feet in height, provided that the same is located in the side and/or rear yards.


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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