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Swimming Pool Zoning Laws and Fencing Requirements Township of Nutley, Essex County

June 12, 2018

Updated as of June 2018


An outdoor or indoor swimming pool or pool or swimming tank, whether permanently installed, portable, collapsible or otherwise, situated above or below grade level, with a wide water depth in excess of 36 inches or a surface in excess of 120 square feet or a capacity in excess of 1,400 gallons, designed or maintained upon any premises by any person for use by himself, his family or guests, and shall include all buildings, structures, equipment and appurtenances thereto.

A noncommercial swimming pool as an accessory use, subject to the following:


The pool shall be located on the rear 50% of the lot and in no case closer to a street line than 50 feet.


The pool shall be no closer than eight feet to any side or rear lot line; or nearer to the side street line of a corner lot than the main building on the lot; or if the abutting lot to the rear faces said street line, then the distance equal to the depth of the front yard required on said lot to the rear. However, in no case shall a swimming pool on a corner lot be required to be set back more than 25 feet from a side street.


An approved fence at least four feet high shall surround such a structure and shall contain a gate capable of being securely fastened and locked by the owner, except that above grade pools shall be exempt from this section if it complies with applicable state codes.


Before issuing a construction permit, the Construction Official shall consult the Township Health Office to ascertain that the plans submitted will not result in construction detrimental to the health of the community.


Application for a construction permit shall include three sets of plans and specifications or proper descriptive brochures, together with a site plan, drawn to scale, showing the entire lot upon which the pool is proposed to be constructed, including elevations, and shall show the location of any overhead electrical conductors in the pool area. Plans shall also include information sufficient to indicate the means for water disposal and maintaining the pool in a generally sanitary condition.


All pumps, heaters and filtration systems shall be kept at a maximum distance from all property lines and shall be at least four feet from any property line.


All outside lights for illumination of the pool and the area devoted to the pool shall be so installed and maintained as to eliminate glare and to prevent annoyance to occupants of adjoining premises.


All electrical wiring for lights and power in connection with swimming pools shall be installed in strict accordance with the requirements of the National Electrical Code.


The swimming pool and surrounding area shall comply with standard state codes and all other applicable codes.


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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