Toms River City Zoning Code
§ 348-8.13
Fences.
[Amended 7-10-1979 by Ord. No. 1860; 2-9-1982 by Ord. No. 2068; 4-11-1990 by Ord. No. 2729-90; 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 3-10-2015 by Ord. No. 4476-15]
A.
Fences hereafter erected, altered or reconstructed in any zone in the Township of Toms River shall be 66% open fences not to exceed 48 inches in height above the lowest existing ground level as measured to the highest point of the fence when located in a required front yard or within the required principal building setback from any body of water or fences not exceeding six feet in height above ground level when located in any nonwaterfront side or rear yard area, except as follows:
[Amended 10-23-2018 by Ord. No. 4607-18; 12-23-2019 by Ord. No. 4652-19]
(1)
In any business or industrial zone, 66% or greater open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the required front yard setback from any street. Solid fences up to eight feet in height may be erected along property lines that separate business or industrial zones from residential zones, except for those locations that lie within the required front yard setback from any street.
(2)
On park, recreation or school properties, 66% or greater open wire fences not exceeding eight feet may be erected, except that fences enclosing outdoor tennis courts, baseball backstops and other fences normally provided with recreation facilities may be 66% open wire fences not exceeding 12 feet in height.
(3)
Fences specifically required by other provisions of this chapter and other municipal and state regulations.
(4)
On any residential parcel having an area of less than 2,000 square feet and on any lot line contiguous to a parcel having an area of less than 2,000 square feet, only 50% or greater open fences not exceeding 36 inches in height above ground level may be erected in any front, side or rear yard areas.
(5)
On single-family residential parcels containing recreational facilities installed for the benefit of the residents, 66% open wire fences not exceeding 10 feet in height with a fabric-type windscreen not exceeding six feet in height above ground level may be erected behind the building setback line not less than 20 feet from any side property line and not less than 30 feet from any rear property line. Except for a front yard or within the principal building setback from any body of water, a solid privacy fence not exceeding eight feet in height and constructed of finished wood, aluminum or vinyl may be erected around or adjacent to a private swimming pool not closer than six feet from the pool water and shall not be located nearer a side or rear property line than the minimum accessory building setback of the zoning district unless it conforms with the height requirements of this chapter. No such privacy fence, enclosure or screen shall consist of tarps, canvas or other coverings.
(6)
Open fences that do not exceed 36 inches in height and are at least 50% open are permitted throughout the Township provided they do not interfere with sight triangles at intersections. See related provisions of § 348-5.7.
(7)
Fences atop of walls shall be limited to six feet in height (fence plus wall) within the principal building setback. If additional fill is needed or desired, additional parallel walls and fencing shall be used with the minimum of 30 inches of separation. Fences and/or walls more than 30 inches apart shall be considered separate structures and their heights shall be measured independently. The Township Engineer may require that the area in between such fences be provided with permanent landscaping and irrigation. A combination of staggered walls and fences within the principal building setback shall not exceed 10 feet in total height otherwise a design waiver is required.
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B.
All fences must be erected within property lines, and no fence shall be erected so as to encroach upon a public right-of-way, or upon easements dedicated for drainage, conservation, shade trees, riparian zones or utilities. With the exception of riparian easements, fences for residential properties that are erected in the right-of-way or easements are permitted if the developer or homeowner can provide evidence of a deed restriction for the property that compels the homeowner to remove this fence at their cost in the event access is required that impacts the fence in the easement.
[Amended 12-12-2017 by Ord. No. 4562-17]
C.
*The following fences and fencing construction materials are specifically prohibited in all zones in the Township of Toms River: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences.[1]