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Swmming Pool Zoning Laws and Fencing Requirements Township of Stillwater, Sussex County

June 12, 2018

Updated as of June 2018


A code regulating and controlling the location, construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter and operate swimming pools and defining certain swimming pools as nuisances and fixing the penalties for violations is hereby adopted pursuant to N.J.S.A. 26:3-69.1 through 3-69.6. A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.


Said code established and adopted by this chapter is described and commonly known as the “Swimming Pool Code of New Jersey (1970).”

460-3Public record.

At least three copies of said Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and will remain on file in said office for the use and examination of the public.

460-4Permit required.

No person shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by this Board of Health. Whenever approval for the location and construction of a swimming pool is or may be required from any other municipal agency of the Township of Stillwater, as for example the Planning Board or Zoning Board of Adjustment, such approval or consent shall be obtained prior to application to the Board of Health for a permit under this chapter.


Should any person seeking a permit to construct a swimming pool in the Township of Stillwater clearly demonstrate to the Board of Health that, because of peculiar conditions of the land upon which the pool is to be situated or because of other similar factors, the literal enforcement of §§ 460-4 through 460-9, inclusive, of this chapter would be impracticable or would exact undue hardship, the Board of Health may permit such variance or variances as may be reasonable within the general purpose and intent of the rules and regulations contained in this chapter and the code herein adopted.

460-6Permit expiration and application dates.

Permits issued for the operation shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted prior to December 15 of each year.


The following fees and charges are herewith established:


For issuance or renewal of a permit to operate a swimming pool: $50.

The above fee may be waived by the Board of Health in the case of pools operated and maintained by the Township of Stillwater, the Stillwater Township School District or any charitable nonprofit or eleemosynary institution.

460-8Denial or suspension of permit.

Permits required by this chapter or code may be denied or suspended by the Board of Health for failure to comply with this chapter or code. The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board’s decision as hereafter provided by § 2 of the code hereby adopted.

460-9Violations and penalties.

Any person or persons, firm or corporation violating any of the provisions of this chapter or of the Swimming Pool Code of New Jersey (1970) made a part hereof shall, upon conviction thereof, pay a penalty of not less than $2 nor more than $100 for each violation. Each day that a particular violation continues shall constitute a separate offense.


Fences or walls. Fences or walls up to 24 inches in height shall be permitted. Fences or walls in excess of 24 inches in height shall be considered as accessory structures to a principal permitted use and are permitted in accordance with the standards set forth below:


Type of fence or wall.
Degree of Openness
(50% or more solid)
(25% up to 50%)
(up to 25%)
Solid picket
1 x 2 wood screen
Split rail
Contemporary picket
Contemporary rail
Board and batten
Cinder or concrete block laid on side
Wire mesh
Louver panel
Rail and wire mesh
Staggered board
1 x 4 wood screen
NOTE: “Openness” is defined as the total area of solid elements divided by the total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements.


General regulations on fences and walls.


Fences on or along the rear and side property lines up to the minimum required front yard setback line shall not exceed six feet in height.
Fences located on or along, the front property line or on or along the side property lines between the street line and the minimum required setback line shall not exceed four feet in height.
No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
Open security fences up to eight feet high shall be permitted in any business or industrial zone.
Hedges and other landscaping shall be exempt from the height limitations of this section but shall not be located so as to conflict with Subsection E(2)(a) above.
The face or finished side of a fence or wall shall face the adjacent property.
In residence districts, fences on or along the front property line or side property line between the front property line and the minimum required front yard setback shall be either semi-open or open.
Fences located on or along the rear property line or side property lines between the required front setback line and the rear property line may be of any type designated in Subsection E(1).


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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