[HISTORY: Adopted by the Township Committee of the Township
of Ocean 12-10-1970, as amended
through Ord. No. 1994-14 (§ 12-15
of the 1972 Ocean Codified Ordinances). Subsequent amendments noted
where applicable.]
As used in this chapter, the following terms are defined:
Any stockade, basket weave, or other type of fence, fencing
or hedges, including any having a consistent density of more than
50% for all such fences, living fences and/or hedges.
Any wood, masonry, metal or aluminum structure or any wall
or hedges constructed in the front, side or rear yard and designed
to shield, screen, protect or separate a lot or lots or a portion
of a lot or lots.
Any fence, fencing or hedges which is of at least 50% of
an open, see-through variety and which is likewise defined as any
fence or fencing having a consistent density of not greater than 50%
of the entire fence, fences, living fences and/or hedges.
Any electric fence which satisfies the requirements of N.J.S.A.
45:5A-54.
[Added 9-21-2021 by Ord.
No. 2021-17]
The triangular area formed by a line connecting a point on
each street line located 25 feet from the intersection of any Township
street or road lines.
[Added 9-21-2021 by Ord.
No. 2021-17]
A.
All fences erected, altered, rebuilt, renovated, or reconstructed in the Township must qualify as open, closed, or perimeter fence intrusion protection systems as those terms are defined in § 168-1. Unless specifically stated otherwise, the following height restrictions shall apply:
[Amended 9-21-2021 by Ord. No. 2021-17]
(1)
Closed fences shall not exceed 36 inches (three feet) in height from
ground level of the front yard and any noncorner property.
(2)
Open fences, including split rail fences, shall not exceed 60 inches
(five feet) in height from ground level in the front yard of any noncorner
property.
(3)
All fences shall not exceed 72 inches (six feet) in all side yards
and rear yards.
B.
The height of all fences, walls and hedges shall be measured from
the ground elevation or finished grade.
C.
Fences in the rear yard of any property or, in the case of corner
lots, side yards and rear yards, in the WD Zone and/or any residential
zone that adjoins a body of water shall be open fences only, as defined
by this chapter.
[Amended 4-14-2016 by Ord. No. 2016-3; 9-21-2021 by Ord. No. 2021-17; 11-29-2023 by Ord. No. 2023-22]
D.
All fences shall be constructed with the face, and/or finished side
away from the property and the structural side toward the interior
of the lot or lots on which it is erected.
E.
All fences which are painted and/or stained shall be of one harmonious
color throughout each individual lot and/or lots and blend with the
character of the surrounding neighborhood.
F.
No fence shall be constructed with barbed wire or topped with spikes,
sharp points or any other dangerous objects which may be hazardous
to persons or animals. All fences, including living fences, hedges
or stream plantings shall not be erected at property line without
the approval, in writing, of the enjoining property owners. However,
all such fences shall be permitted to be placed no closer than six
inches to a property line without written approval of the adjoining
property owners and any and all living fences, hedges, or stream plantings
shall be maintained in a neatly trimmed and aesthetically pleasing
condition.
[Amended 9-21-2021 by Ord. No. 2021-17]
G.
All fences shall be erected in a proper manner so as to permit the
free flow of natural drainage and prohibit the blocking, obstruction,
damming and/or ponding of surface water in the lot on which they are
erected and on all contiguous and adjoining properties.
H.
No fence, living fence, hedge, wall or screen planting shall be used
as a side of a shed, building or accessory structure.
I.
No fence, wall, or hedge shall encroach upon any public right-of-way,
public easement or other public property or other private property
other than on the lot or lots which it is intended to serve.
J.
Notwithstanding the above, in the C1 Zone and for all nonresidential
properties in the WD Zone of the Township, only open fences may be
erected in the front, rear or side yard. Such fences shall not exceed
96 inches (eight feet).
[Amended 9-21-2021 by Ord. No. 2021-17]
K.
Notwithstanding the above, in any and all park areas, including beach
clubs, public or private recreational areas and/or properties owned
by the Ocean Township Board of Education or the Ocean Township Municipal
Utilities Authority, open-wire fences not exceeding eight feet in
height may be created, except that fences enclosing outdoor tennis
courts, baseball backstops and other areas normally provided with
recreational facilities may be fenced with open-wire fences not exceeding
12 feet in height.
M.
Notwithstanding the above, any property owner may install any type
of fence desired, at any height, so long as the fence is completely
within the front yard, rear yard and/or side yard setback lines and
further provided that such fence does not violate any other Township
ordinance.
N.
For the purposes of installation of fences on corner properties,
the front yard shall extend the full width of the street upon which
the house fronts. On the other street, the front yard shall extend
to a line perpendicular to the street which intersects the front-most
point of the building. The rear of this line shall be considered to
be a part of the rear yard. The following restrictions shall apply
to corner properties:
[Added 9-21-2021 by Ord.
No. 2021-17]
[Amended 11-29-2023 by Ord. No. 2023-22]
A fence permit shall be required and shall be issued, in conformance
with these rules, regulations and requirements, by the Township Code
Enforcement Official in the Township Building Department for all fences
erected in the Township.
All fences placed in the front yard setback of a residential
area shall be at least 50% of an open, see-through variety.
[Amended by Ord. No. 2006-12]
The fee for the inspection of the installation of all fences
shall be $20 payable to the Township.