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Montgomery City Zoning Code

§ 16-5.15

Swimming Pools.

[Ord. #85-482, S 515; Ord. #85-489, S 1C; Ord. #88-584, S IV, V; Ord. #04-1163, S 2]
a. 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. A pool shall be located in rear yard area only, except for reverse frontage lots where there is no rear yard as defined in Section 16-2 of this chapter. For reverse frontage lots, a pool shall be located to the rear of the detached dwelling, provided that it is set back at least 75 feet from the street line behind the dwelling or the minimum required front yard setback if that setback distance is greater than 75 feet. Additionally, the swimming pool must be screened from the street by a planted buffer at least 25 feet in width, which buffer shall be outside of any fenced area on the lot and which shall be maintained over time. Subject to review and approval by the Township Landscape Architect, the planted buffer shall consist of densely planted evergreen trees, at least six feet high at the time of planting and spaced no more than 10 feet apart on-center, but an alternate plan may be proposed for review and approval by the Township Landscape Architect, and such alternate plan may include existing vegetation on the site.
A pool shall occupy no more than 75% of the yard area in which it is located and shall be located no closer than 15 feet to any lot line. There shall be no minimum distance requirement between the pool and principal structure. A minimum separation of 10 feet shall be maintained between a swimming pool and septic tank, and 20 feet for a disposal field.
b. 
A private residential swimming pool shall be enclosed by a permanent fence sufficient to make the pool inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height, nor more than six feet in height; and in the event the fence exceeds four feet in height it shall be set 15 feet from any lot line. All gates shall be self-closing and self-latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children. In the case of hot tubs and whirlpools only, a natural barrier, hedge, pool cover or other protective device approved by the Construction Official shall be an acceptable enclosure so long as the degree of protection afforded by the substituted device or structure is not less than the protection afforded by the fence with self-closing and self-latching gates as described above.
c. 
No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.