Answers to Frequently Asked Questions

This page is designed to respond to commonly asked questions about fences, decks, pools and sheds.

Construction Permits Required

All of these items require either a zoning permit from the Division of Planning or a construction permit from the Division of Construction Inspection and zoning compliance approval from the Division of Planning. Specifically, fences and sheds of 100 sq. ft. or less require zoning permits.

A copy of your property survey, to scale, is necessary to make a proper review of the application. All measurements are made from property lines. Property lines are shown on the survey and indicate the actual property owned. Sidewalks and curbing are in the Township right-of-way and are not on private property.

PURD Regulations

Homeowner's Associations
Since properties that are part of a homeowner's association may be subject to additional regulations, an approval letter from your homeowner's association is required as part as your construction permit application.

Inspections
After a permit is obtained, it is the homeowner's responsibility to call for inspections during construction.

Fences (click for more information)

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

All fences, except for living fences (ie. 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).

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". A fence that is fifty percent 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.

Decks (click for more information)

Decks are considered part of the dwelling unit and have to meet the required setbacks for dwellings from the property lines. You can check with the Planning Division for the required setback in your zone. Properties that are part of a homeowner's association will have different regulations and setbacks.

The Division of Construction Inspection has typical design details for footings, railings and other parts of a deck available for use as part of the permit application.

Pools (click for more information)

Pools are permitted in the rear and side yard of a lot. Pools are not permitted in the front yard. The setback for pools and all associated equipment (ie. filters and decking) is ten feet. If a lot is less than eighty in width, the pool can be setback five feet from the property lines.

Above-ground pools that are four feet or more in height do not require a fence if access to the pool can be secured when the pool is not in use. In-ground pools require a fence at least four feet in height, with chain link fences to have not more than a 1 1/4" opening. The permit for an in-ground pool requires submittal of a grading plan prepared by a licensed engineer in addition to the usual permit forms.

Pool Code

Sheds

A shed is a storage structure of 175 square feet in area or less. The setback & height is determined by its size and the property's zone. In most cases, sheds are required to be setback five feet from the rear and side lot lines and can be 15 feet high. In instances where a lot is undersized for its zone, a shed can be setback two feet. An example is a property in the R-3 zone which requires a lot area of 15,000 sq. ft. If the existing lot area is less than 15,000 sq. ft. than a shed can be located two feet from the property line.

Sheds are not permitted in the front yard. Sheds can be installed with an anchor kit, footings are not required.

If a storage structure is greater than 175 sq. ft. it is an accessory structure and is subject to greater setback requirements and different building code requirements. Sheds of 100 sq. ft. or less require a zoning permit. Sheds greater than 100 sq. ft. need a construction permit. Metal shipping containers and trailers are not permitted.

Variances

If you cannot meet the required zone regulations you may wish to apply for a variance. The Planning Division can provide information on how to apply.

Tree Removal

If any tree over 4" in caliper (diameter) needs to be removed to install any of the above, a tree removal permit is required.

For further information on zoning and a summary of PURD regulations click here.

Brought to you by:

Department of Planning & Engineering
1 Jean Walling Civic Center
P.O. Box 1081
East Brunswick, NJ 08816

(732)390-6870 (Planning Division)
(732)390-6875 (Construction Division)