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Swimming Pool Zoning Laws and Fencing Requirements Township of Mount Olive, Morris County

June 12, 2018

Updated as of June 2018


Facilities constructed above or below ground, having a depth of more than two feet and/or a water surface of 100 square feet or more and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment and appurtenances thereto.

550-96Swimming pools.

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. Pools shall be set back a minimum of 15 feet from side and rear property lines. No pool shall be located in the required front yard area.

A pool shall occupy no more than the equivalent of 50% of the yard area in which it is located. The pool area shall include the water surface and the patio adjoining the pool.

Fencing shall be required as set forth in § 550-82 of this chapter.

318-32Restrictions on water use.

If, in the opinion of the Mayor of the Township of Mount Olive, restrictions should be placed upon the use of water for the watering of lawns, filling of swimming pools and other external usage or for the purposes of water conservation during periods of drought and/or low rainfall, the Mayor is hereby authorized to adopt rules and regulations governing the time, place and amount of said usage which can occur, in order to conserve the water reserves of the Township of Mount Olive.

Said rules and regulations, when adopted, shall be published once in the legal newspaper of the Township of Mount Olive and shall be posted in at least three public places at least three days prior to the effective date of said rules and regulations.[1]


Editor’s Note: Original § 74-26.1C of the 1973 Code, which dealt with violations and penalties and which immediately followed this subsection, was repealed 9-25-1990 by Ord. No. 40-90.

The provisions of this Part 1 are applicable to the public water system of the Township of Mount Olive and private systems obtaining their water supply from within Mount Olive Township and all individual users thereof, as well as to all other water systems in the Township which have been constructed pursuant to an approved major subdivision as a public improvement, which water systems have been completed and are serving three or more residences within any such major subdivision, notwithstanding the fact that the Township has not yet formally accepted said water systems. The exercise of any of these regulations upon any water system which has not yet been formally accepted by Mount Olive Township shall not be deemed to represent, directly or indirectly, the approval, acceptance or intention to accept any such water system.

318-33Swimming pools.

Before any tank or swimming pool having a capacity in excess of 2,500 gallons is filled or refilled with water drawn from the system, a permit for such filling or refilling of such tank or swimming pool shall first be obtained from the Department. The Department shall consider the demands on the system and may, if necessary, limit the time of day, the rate of flow and the number of hours when such withdrawals will be permitted. The Township shall not be liable to any consumer for any damage or loss resulting from the denial or limitation of service hereunder.

318-34Fee; liability.

[Added 11-29-1988 by Ord. No. 43-88; amended 4-10-1990 by Ord. No. 16-90; 1-8-1991 by Ord. No. 50-90]

Tanks or swimming pools filled or refilled with water drawn from the system from a nonmeter source shall be charged $2.88 per every 1,000 gallons of capacity, with a minimum of $72. The Township shall not be liable to any consumer for any damage or loss resulting from the denial or limitation of service hereunder.

550-82Fences and walls.

Fences and walls shall not be located in any required sight triangle.

Height and construction requirements; definition.

[Amended 3-23-1999 by Ord. No. 7-99; 10-23-2007 by Ord. No. 42-2007]


No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above ground level, except as otherwise provided by ordinance; no closed type or chain link fence shall be erected within the front yard setback; all such fences or walls shall be located within the boundary lines of the premises intended to be fenced or walled. Ornamental fencing, such as wrought iron, open picket or post and rail, may be permitted within the front yard setback. For preexisting nonconforming dwellings in a residential district, a fence or wall no greater than six feet in height may be constructed or maintained at a point no closer to the front lot line than the front foundation wall of the principal building. In the case of corner lots, the property owner may designate one front and one side yard for the purposes of locating a fence, subject to requirements for sight triangle easement as set forth in § 550-62 of this chapter. The fence on the side yard shall not extend beyond the plane of the house nor encroach within a required sight triangle.

[Amended 4-28-2009 by Ord. No. 8-2009; 2-28-2017 by Ord. No. 6-2017]


No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed six feet in height above ground level.


Notwithstanding the above provisions, if it is demonstrated that a retaining wall of a height greater than six feet is necessary, said retaining wall shall be terraced in four-foot increments and the horizontal distance between walls shall be a minimum distance of 10 feet.


Plantings shall be provided between terraced walls which will not impair the integrity of the walls.


All retaining walls in excess of six feet shall be properly designed by a licensed professional engineer in the State of New Jersey and shall include proper drainage behind the walls. All retaining walls should be installed beyond the limits of the municipal right-of-way.


The height restriction listed above shall not prohibit the erection or location of a fence surrounding a tennis court or courts up to a height of 10 feet above ground level. Moreover, fences around public or semipublic recreational facilities, including tennis courts, may be permitted to exceed 10 feet in height, at the discretion of the Township Planning Board, when required for either the safety, health or general welfare of the community or the reasonable use of such facilities.


The finished side of a fence shall face adjoining properties. Fence posts that are unfinished, and any other structural component of the fence, shall be installed facing the subject property rather than an adjoining property.


The provisions of § 550-62 of this chapter concerning visibility at intersections shall be complied with in regard to fences and walls.


A “closed fence or wall” shall mean any fence or wall with open space between members of less than 45% of the width of the members.


Postholes for fences shall be dug below the frost level, not less than 30 inches deep, as approved by the Township Building Inspector.


Notwithstanding the restrictions contained above, a through lot, as defined in § 550-54D of this chapter, shall be permitted a closed-type fence or wall no greater than six feet in height along that portion of the lot having frontage upon a collector or arterial road as designated in the Circulation Element of the Township’s Master Plan.

In-ground swimming pool enclosures.


Every in-ground swimming pool, except as herein otherwise provided, shall be completely surrounded by a fence or wall not less than four feet in height above ground level, which shall be so constructed that it shall not have openings, holes or gaps larger than four inches in any dimension, except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. Said fence or wall shall be constructed a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Said enclosure and any gate or door thereof shall be so designed and constructed as to reasonably prevent any person from gaining access under the same to the pool and shall be kept securely locked at all times when the pool is not in use. All in-ground pools covered by the provisions of this chapter shall be provided with an enclosing fence or wall and gate as required herein within 90 days of the date of final adoption of this chapter.


Notwithstanding anything contained in this chapter to the contrary, this chapter shall not apply to any in-ground pool which is no closer than 250 feet to any boundary line.

Aboveground swimming pool enclosures.


Every person who owns or is in possession of any premises on which there is situated an aboveground swimming pool or wading pool (herein referred to as a “pool”), any portion of which is 18 inches deep or more, shall install and maintain on the lot or premises and completely surrounding such pool or body of water a permanent fence of durable material at least four feet in height which shall be so constructed as to comply with Subsection B.


All doors or gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be of such size as to completely fill any opening in the fence.


All doors or gates shall be equipped with self-closing and self-latching devices and shall be kept closed and securely latched at all times when the pool is not in use.


Nothing in this chapter shall apply to aboveground pools having sides extending four feet or more above grade, provided that the stairs or other means of access to the pool are removed when not in use or are effectively closed with a gate, as provided above, which shall be closed and securely latched when such pool is not in use.


All other aboveground pools greater than 18 inches deep, unless enclosed by a fence of the type and dimensions hereinabove specified, shall be either emptied when not in use or attended or covered with a suitable strong protective covering, securely fastened or locked in place when not in use or attended and strong enough to hold a child of 100 pounds’ weight.


The provisions of this chapter shall apply to private aboveground swimming pools now existing and to private aboveground swimming pools hereafter constructed; provided, however, that as to private swimming pools now existing and not enclosed by a fence, there is hereby established a period of 90 days from the effective date hereof within which to construct such fence.


Notwithstanding anything contained in this chapter to the contrary, this chapter shall not apply to any of the following:


Ponds, lakes, streams, rivers and all other natural bodies of water.


Any structure or containers of water or ponds, lakes, streams or rivers used for commercial agricultural purposes or the raising of livestock.


Aboveground pools which are no closer than 250 feet from any boundary line.

Use of existing fences or walls. With the exception of fences or walls surrounding in-ground swimming pools, any fence or wall existing at the time of passage of this chapter, which may be in violation of the chapter in respect only to the height and type of fence or wall, may be permitted to be continued.

Violations and penalties. Any person, persons, firm, firms or corporation violating the provisions of this chapter shall, upon conviction thereof, be fined not more than the sum of $200 or be imprisoned in the county jail for a term not exceeding 30 days, or both, in the discretion of the Judge imposing the sentence; and each day that a violation is permitted to exist shall constitute a separate offense.


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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