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Swimming Pool Zoning Laws and Fencing Requirements Township of West Amwell, Hunterdon County

June 12, 2018

Updated as of June 2018


Portable pools shall not be subject to the requirements of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of 100 square feet; and do not require braces or supports.


Private residential swimming pools shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface in excess of 100 square feet; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests; and located on a lot as an accessory use to a detached dwelling. The term “swimming pool” shall include all buildings, structures, equipment and appurtenances thereto.

109-120Swimming pools.

Area. The surface area of a private swimming pool hereafter constructed or enlarged shall not exceed 25% of the area of the rear yard.



In all cases, the swimming pool shall not be located in the front yard, and shall comply with all setback requirements for principal buildings.


In lieu of a survey, any person may file a certification with the construction code enforcement official certifying that the pool will be located in accordance with the requirements of this section. In the event of a complaint in writing to the construction code enforcement official by an adjoining property owner that the pool is not located according to the terms of this chapter, the owner shall furnish a survey by a licensed surveyor or engineer within 30 days after notice by the Township of the complaint.


Fencing. The entire swimming pool area shall be fenced. The fence shall be a minimum of four feet in height and a maximum of six feet in height and shall be of such design that it controls access to the pool area. Where the pool is installed on a corner lot, and the fence is not a solid fence, the side nearest the street shall be screened with shrubs not less than four feet in height and forming a visual barrier.


Drains. No pool shall drain into a public sanitary sewer or be located in such a manner that the water from the pool drains onto another property.

109-118Fences and walls.

Fences may be located in the front yard provided that they shall not exceed four feet in height, measured from the ground level, and shall be constructed so that at least 50% thereof is open.

Fences and walls located in any side or rear yard shall not exceed six feet in height measured from the ground level.

All fences or walls shall be symmetrical in appearance; shall have posts or columns separated by identical distances; shall consist of material conforming to a definite pattern or size; and shall be constructed so that the finished side faces outward away from the property on which it is constructed.

No fence or wall shall be constructed of any material harmful to humans or animals.

No fence or wall shall be erected along a property line without a construction permit, and no portion of a fence or wall shall be located within six inches of any property line. In considering applications for the erection of a fence or wall, the construction code enforcement official may require a survey showing the proposed location of the fence or wall with respect to the existing property lines.

Notwithstanding the preceding provisions of this section, the following provisions shall be complied with:


Screening and buffering shall be as specified in the design standards section.[1]


Editor’s Note: See Part 5, Design and Improvement Standards, of this chapter.


Private swimming pools shall be fenced in as specified in this article.


No fence or wall shall be located within a clear sight triangle.

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