Fences

Fences are governed by Township Ordinance and where applicable by Homeowner's Associations regulations.

All fences, except for living fences (i.e., shrubs and bushes), require a zoning permit from the Division of Planning (unless the fence serves as a pool barrier when a construction permit is required).

Requirements

Fences around the side and rear of the property can be a maximum of six feet in height. However, fences in the front yard can be no greater than four feet in height.

Properties on a corner have two front yards and two side yards. The front yard is defined as the full width of the lot from the front property line to the nearest line of the building (see diagram).

The Township Ordinance requires solid fences in the front yard to be setback at least four feet from the front property line and a landscape buffer must be planted in front of the fence. The buffer should consist of plants such as compact juniper, forsythia, compact euonymous or an approved equal. The plants are to be installed three feet on center and at a minimum height of 24 inches. A fence that is 50% open (such as picket or cyclone) can be installed at the front property line without a landscape buffer.

A new ordinance allows corner properties to fence in up to half the distance between the nearest wall of the dwelling and the front property line in the "side" front yard with a six foot high fence.

Fence Placement

Fences can be placed on the property line or attached to a neighbor's fence only with the neighbor's written consent. Otherwise fences should be placed six inches to one foot away from the property line to avoid disputes in the future.

If a fence has a "good" side and a "bad" side (such as stockade fencing), the "good" side of the fence shall be facing out of the property. Barbed wire or other hazardous types of fencing are not permitted.

Owner Responsibilities

It is the responsibility of the owner or agent to erect a fence in conformance with Township Laws or Ordinances.

A permit holder should take every precaution to insure that the fence will be erected on the property. If there is reason to believe that there may be a conflict or a problem with neighbors, the permit holder should try to resolve these problems before installing a fence.

If the permit holder exercises these precautions or has the land surveyed by a licensed surveyor, this will help alleviate these problems.

Fence Location Problems

When a problem arises as to the location of a fence and the permit holder did not exercise these precautions, this office may make the permit holder verify the location of the fence by requiring the permit holder to have the property surveyed by a licensed surveyor.

When the permit holder proceeds with care as stated, and a neighbor complains about the location, it will be the responsibility of the neighbor to prove that the location is faulty.

Fence Requirements

Provided by Division of Construction Inspection:

  • Fence application form
  • Township code on Zone requirements
  • Summary a of PURD requirements, if applicable
  • A copy of the Township policy on fences
  • Release letter for easements, if applicable
  • Signed Pool Fencing document

Homeowner/ Contractor to provide

  • Completed Construction and Subcode applications
  • Copies of the survey showing the location of the fence
  • Zoning sign off
  • PURD letter from Association, if applicable
  • Signed easement release letter from owner, if applicable
  • A signed letter from neighbors if fence is going to be attached to theirs
  • Copy of a contract or written statement to verify the cost
  • Picture of the fence
  • Gate Latch details

& 228-226 Restrictions on fences.

[Added September 12, 2066 by Ordinance Number 66-8-F; amended January 23, 2067 by Ordinance Number 67-8-G; September 30, 2074 by Ordinance Number 74-8-MM]

All fences erected in the Township of East Brunswick shall be subject to the following requirements:

A fence permit shall be issued by the Department of Planning and Engineering for all fences, except living fences, erected by the township.

No fence erected on or around a lot or parcel of land shall exceed six feet in height except for industrially zoned properties. Preconstructed fences must be installed as close to the ground as possible. the total height of the fence will not include any sight undulations of the ground; provided that 80% of the fence does not exceed the maximum height of six feet. [Amended May 12, 2080 by Ordinance Number 80-249; May 26, 2081 by Ordinance Number 81-352]

No fence shall be erected in a front yard of any lot in a residential zone unless the fence is less than fifty-% solid and is no greater than four feet in height; except as provided in Town Code and 228-223, Site Obstructions on Corner Lots. A proposed four foot fence may be more than fifty % solid if it is set back four feet from the property line and provides for a planted buffer which shall be installed in front of the fence at the time of installation of the fence. The planted buffer shall consist of compact juniper, forsythia, compact euonymus or approved equal, subject to the approval of the Township Landscape Architect. The plants are to be installed three feet on center and a minimum height of 24 inches at the time of planting [Amended April 22, 2085 by Ordinance 85-656]

No fence shall be constructed with barbed wire or any other sharp pointed materials.

All fences shall be constructed with the face, or finished side, away from the property and the structural side toward the interior.

Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.

Living fences or screening shall be planted no closer than three feet to the property line. Living fences shall be maintained in a neatly trimmed condition.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

Fences in the Planned Industrial Park (P-I) and Industrial/Manufacturing (I/M) zones may be no higher than eight feet in height.

For fences required around a swimming pool, see and 195-12 of the Code of the Township of East Brunswick.

Fences shall not be erected on the property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit.

All fences in Planned Unit Residential Developments shall be prohibited except in accordance with the standards established at the time of PURD preliminary approval pursuant to Sections 228-118.7. [Added May 26, 2081 by Ordinance Number 810352]