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Swimming Pool Zoning Laws and Fencing Requirements Township of Middletown, Monmouth County

June 11, 2018

Updated as of June 2018


A swimming pool that is operated for profit and open to the public or a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly or annual fee.


A swimming pool which does not meet the definition of commercial or public swimming pools, and shall include in-ground pools and aboveground pools.


A swimming pool that is accessory to another use such as a hotel, motel, multifamily residential development or single-family planned unit development for exclusive use of the residents or occupants therein, and their guests. Also includes private clubs.

540-646Swimming pools.

[Amended 10-19-1998 by Ord. No. 98-2529]

Commercial and public pools.


All commercial and public swimming pools and all appurtenant buildings shall be considered principal structures and shall conform to all setback requirements for principal structures.


Pumping and filtration systems shall be completely screened from view and shall comply with all setback requirements for accessory structures.


All commercial or public swimming pools shall be entirely surrounded by a chain-link fence which is not less than four feet or greater than 10 feet in height. An alternative to chain link may be permitted by the Construction Official if it is designed in a manner consistent with the intent and purpose of the Uniform Construction Code.[1]


Editor’s Note: See Ch. 198, Construction Codes, Uniform.


A gate not less than four feet in height shall be provided. The gate shall be self-closing, open only outwardly and be equipped with a locking device or padlock which must be kept locked except when the pool is in use.


No portion of the fence or gate shall be closer than 15 feet to the edge of the swimming pool.

Private swimming pools.


Private swimming pools shall not be permitted within any required front, street side, or street rear yard setback of any lot.


The distance between swimming pool and property lines or main buildings shall be measured from the water’s edge and shall comply with the following minimum standards:

All Private Swimming Pools
Lot Size

(square feet)

Distance from Side or Rear Property Line


Distance from Fence or Main Building


Up to 5,000 6 6
5,001 to 10,000 7 7
10,001 to 20,000 10 8
20,001 to 40,000 15 8
Over 40,000 20 8


No private swimming pool shall be located less than five feet from any accessory structure.


No overhead electrical lines shall be permitted to extend across a private swimming pool.


Pool equipment such as pumps and filters shall be located not less than five feet from any property line on any lot less than 10,000 square feet and not less than 10 feet on any lot 10,000 square feet or more. In no case shall pool equipment be located in a required front, street side or street rear yard setback.


Pool equipment must be screened so as to minimize visibility from public streets and adjacent properties. Screening shall consist of either a solid fence, landscaping, or other methods acceptable to the Township Construction Official.


Private swimming pools shall be enclosed by a non-climbable barrier at least four feet in height in accordance with the New Jersey Uniform Construction Code in effect at the time of application.[2]


Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Private swimming pools in residential areas shall have a gross area of water and deck designed for the needs of the residents of the development.


All swimming pools shall be fully enclosed by a six-foot chain link or other fully approved fence equipped with gates and locks.


Shall have adequate lifesaving equipment.


Within accessory building(s), shall have adequate lavatory facilities, plus, under lock and key, storage facilities wherein shall be kept all pool chemicals and equipment.


All swimming pool facilities shall comply with the regulations set forth in § 540-646 of this chapter.


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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