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Swimming Pool Zoning Laws and Fencing Requirements Township of Union, Union County

June 11, 2018

Updated as of June 2018

170-164Construction permit application.

[Amended 4-25-2000 by Ord. No. 4630]

Before application is made for a construction permit for an in-ground pool, the plans and specifications therefor, bearing the seal of an architect or professional engineer licensed by the State of New Jersey, accompanied by a completed and filed electrical inspection form, together with pertinent explanatory data, shall be submitted to the Board of Health and Township Engineer for approval, insofar as the same pertains to the protections of the public health, safety and drainage, which said approval shall be endorsed upon said plans and specifications. Upon such approval, the application shall be accompanied by two sets of plans and specifications and the plot plan of the property, which said plot plan shall show the accurate location of the proposed swimming pool and the location, height and type of all fencing or wails and a topography of the premises showing existing and proposed grades and elevations and showing that all surface water runoff and pool overflow will be directed away from adjoining properties. Construction permit fees for in-ground pools shall be in accordance with the fee schedule of the Township of Union for construction permits.

170-165(Reserved) [1]


Editor’s Note: Former § 170-165, Exception, was repealed 4-25-2000 by Ord. No. 4630.


[Amended 4-25-2000 by Ord. No. 4630; 8-25-2015 by Ord. No. 5346]

No private swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. All pools shall be located in rear and side yards only, shall occupy no more than 25% of the yard area in which it is located and shall meet the setback distances for accessory buildings for each particular zoning district, except that in no case may a swimming pool be located closer than six feet to any lot line.

170-167Construction standards.

[Amended 4-25-2000 by Ord. No. 4630]

Overflow gutters shall be provided extending completely around an in-ground pool, having adequate drainage of overflow water away from the pool.

All materials used in the construction or installation of private swimming pools as herein defined shall be waterproof and easily cleaned. Construction, installation and design of said pools shall be such that the same shall be watertight and be maintained and operated in such a manner as to be clean and sanitary at all times. Sand or dirt bottoms are prohibited. The owner of every private swimming pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property.

170-168Filling and draining.

All private swimming pools shall be filled by a method of a gooseneck which will fill the pool from above the rim thereof, maintaining a sufficient air gap. Upon completion of the filling of the pool, any hose or pipe used in connection therewith must be removed and stored away from the enclosed pool area

All private swimming pools, other than those draining into the sanitary sewer system, shall be provided with not more than one two-inch galvanized iron pipe with gravity drain; the drainpipe on those draining into the sanitary sewer system shall comply with the Plumbing Code of the Township of Union.

In the instance of private swimming pools not draining into the sanitary sewer system, the drainpipe may enter into an open watercourse or, if no open watercourse is available, into a storm sewer.

[Amended 3-28-2006 by Ord. No. 4940]

In the instance of private swimming pools draining into an open watercourse or into a storm sewer, it shall be unlawful to drain the private swimming pool during periods of precipitation and for a period of 24 hours after the cessation of precipitation.

[Amended 3-28-2006 by Ord. No. 4940]

If the drain is connected into the sanitary sewer system, it shall be unlawful to drain any such pool between the hours of 6:00 a.m. and 8:00 p.m.

If it is impossible to drain a pool through any of the foregoing methods, then and in that event no pool can be drained without the method thereof having been approved, in writing, by the Township Engineer.

No private swimming pool, if the same contains over 300 square feet of surface area, may be filled more than twice yearly, and every such pool of over 300 square feet in surface area must have a separate water meter through which the same is filled, attached to or forming part of said pool.

In the event, by proclamation of the governing body of the Township of Union in the County of Union, the use of water is curtailed by reason of a water shortage, no such swimming pool may be filled during the existence of such proclamation.

170-169(Reserved) [1]


Editor’s Note: Former § 170-169, Water levels; walks, was repealed 4-25-2000 by Ord. No. 4630.170-170(Reserved) [1]


Editor’s Note: Former § 170-170, Fencing; safety requirements, as amended 3-10-1992 by Ord. No. 4181, was repealed 4-25-2000 by Ord. No. 4630.

 170-171Nuisances; hours; noise; lights.

No private swimming pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyments of their property rights by the owners of property adjoining the swimming pool or located in the neighborhood.

No such swimming pool may be used between the hours 10:00 p.m. and 7:00 a.m. on each day of the week except on Sunday, and on Sunday no such pool may be used before 8:00 a.m.

It shall be unlawful for any person to make, continue or cause to be made or continued at any private swimming pool any loud, unnecessary or unusual noise which would exceed the limitations of Chapter 378, Noise,[1] and all applicable provisions of that chapter shall control.

[Amended 10-26-2004 by Ord. No. 4842]


Editor’s Note: Former Ch. 378, Noise, was superseded by an ordinance adopted by the Board of Health 5-11-2005. See now Ch. 585, Noise

Lights used to illuminate any private swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises. No conductors carrying electrical current shall cross the pool either overhead or underground. In the use of any electrical appliance in or about the pool area, compliance shall be had with all accepted safety standards.


Every person using a private swimming pool must wear a bathing suit or other suitable garment to protect his or her person from indecent exposure.


Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed, and he shall further notify the Township Clerk of the abandonment of said pool, so that the inspection of the site may be made and the records of the license marked accordingly.

170-174Certificate of registration.

Every person, firm or corporation now or hereafter maintaining a swimming pool as herein defined shall file a certificate of registration with the Township Clerk upon such form as may be provided by the Township Clerk, which said certificate of registration shall certify the existence of a swimming pool as herein defined. There shall be no fee for the filing of said certificate of registration. In the instance of existing swimming pools, said certificate of registration shall be filed within 30 days after the adoption of this chapter. In the instance of a swimming pool hereafter constructed or installed, said certificate of registration shall be filed not later than 10 days after the completion of the installation of said private swimming pool.

170-175Compliance with other laws required. [1]

In the construction, installation, operation and maintenance of any swimming pool, state laws and the rules, regulations and requirements of the State Department of Health shall be observed. In the event of any conflict between the provisions of this chapter and any provision of state law or requirement, rule or regulation of the State Department of Health, the provision imposing the higher standard or the more stringent requirement shall be controlling.


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


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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