TOWNSHIP OF TOMS RIVER ZONING OFFICE DECK CONSTRUCTION The information contained herein serves as a general guideline and may not be all encompassing. Applicants are cautioned that additional Federal, State and local laws, deed covenants, and home owners association requirements not listed herein will regulate construction of this nature. In the event there is a question of interpretation, the meaning of terms and the purpose of regulations as set forth in the adopted ordinances will supersede the language in this handout. The entire code (Chapter 348) can be found at the Township s website http://www.tomsrivertownship.com and http://www.ecode360nj.com. The following 1993 BOCA Codes and Toms River Township Land Use and Development Regulations (Chapter 348 of the Code of the Township of Toms River) must be adhered to in order to obtain zoning approval for the construction of decks. 1. A deck is defined as a flat surface capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground. (Ordinance # 4403-13) 2. Unroofed decks, entrance porches, balconies or terraces less than 36 above the ground may extend into any side or rear yard area ( 348-5.5; Ordinance # 4403-13). 3. Unroofed decks, entrance porches, balconies, or terraces less than 12 above the ground may extend into any front yard area provided they are no closer than three (3 ) feet to any property line. ( 348-5.5.1 B.; Ordinance # 4403-13) 4. Raised, unroofed entrance landings/decks (40 square feet maximum) serving as access to the first habitable floor level are permitted in setback areas provided the landings and stairs are no closer than three (3 ) feet to any property line and no closer than 10 to any water body (see 348-5.5.1 for additional restrictions).
DECK CONSTRUCTION PAGE 2 5. Stairs and handicapped ramps may extend into the rear or one side yard provided that a minimum of 3 of access remains in the other side yard. ( 348-5.5; Ordinance # 4403-13) 6. Roofed decks may not extend into the required setback areas ( 348-5.5C; Ordinance #4403-13) 7. Unenclosed roofed decks attached to the house must comply with principal building setback requirements and are subject to the floor area ratio, building coverage and impervious coverage limitations (Ordinance #4429-14). 8. Raised unroofed decks are permitted at each floor level provided they are setback from property lines as set forth herein (Chapter 348; Ordinances # 4403-13 and 4414-13). a) In the R-75, R-50, R-40A and R-40B zones, decks greater than thirtysix (36 ) inches above ground shall be setback from the rear property line at least ten (10 ) feet or 10% of lot depth, whichever is less. In no event shall these decks be less than three (3 ) feet from the rear property line. (see # 9 below for waterfront properties) b) In the R-75 zone, decks greater than thirty-six (36 ) inches above ground shall be setback eight (8 ) feet from the side property line with two combined side yards not less than twenty (20 ) feet. c) In the R-50 zone, decks greater than thirty-six (36 ) inches above ground shall be setback five (5 ) feet from the side property line with two combined side yards not less than fifteen (15 ) feet. d) In the R-40A zone, decks greater than thirty-six (36 ) inches above ground shall be setback four (4 ) feet from the side property line with two combined side yards not less than twelve (12 ) feet. e) In the R-40B zone, decks greater than thirty-six (36 ) inches above ground shall be setback four (4 ) feet from the side property line with two combined side yards not less than twelve (12 ) feet, except in Ocean Beach Units 1, 2 and 3 (including the peninsula section), the minimum side yard shall be two (2 ) feet with two combined side yards not less than twelve (12 ) feet.
DECK CONSTRUCTION PAGE 3 9. Railings constructed within twenty (20 ) feet of the water s edge of any stream, lake, lagoon or other body of water shall not exceed four (4 ) feet in height above ground level ( 348-5.5 D. ; Ordinance # 4414-13). There are exceptions to this regulation: a) One unroofed entrance landing/deck (40 square feet maximum) serving as access to the first habitable floor level shall be no closer than ten (10 ) feet to any body of water. ( 348-5.5.1 A. (5); Ordinance 4403-13) b) Under certain circumstances homes in the R-40A and R-40B zones are permitted closer to the water, i.e. some homes in the R-40A and R-40B zones are allowed less than 20 feet from the water. In these instances, decks constructed thirty (30 ) inches or greater above ground level are permitted less than 20 feet from the water provided they also comply with the minimum rear yard setback requirement for the principal building (see 348-5.5D., 348-10.15 E.6a and 348-10.16 E.6a and Ordinance # 4414-13). 10. Rear yard decks less than thirty (30 ) inches above the ground and built without rails may be extended to the water/rear property line. 11. In the R-75, R-50, R-40A and R-40B zones, unroofed decks, porches, stoops, balconies, landings and stairs, regardless of height, may extend into rear yard areas provided they are at least 10 feet from the water s edge and 10 feet from the rear property line (Ordinance # 4414-13). 12. Deck rails must be at least eight (8 ) feet from pool water. Per Ordinance # 4422-13, elevated decks that adjoin above-ground pools shall be exempt from this setback requirement. 13. All decking constructed thirty (30 ) inches or greater above ground level shall have a guardrail. 14. All guardrails shall be at least thirty-six (36 ) inches high for Use Group R-3 and forty-two (42 ) inches high for other uses. 15. The gap between balusters shall not exceed four (4 ) inches. 16. Decks shall not obstruct on-site parking required by code.
DECK CONSTRUCTION PAGE 4 17. Handrails are required at steps when four (4) or more risers are provided. Handrails must be 34 to 38 inches above the treads of the steps. Handrails must have a grip size of 1 1/2 to 2 inches. 18. All steps shall have closed risers and be at least three (3) feet wide. The maximum riser height shall be 8 1/4 inches and all risers must be consistent in height. Treads must be a minimum of ten (10) inches deep with a one (1 ) inch nosing. 19. Two (2) permits are required for deck construction a Zoning Permit and UCC Construction Permit. Please see Zoning Permit Instructions handout for information in this regard. The applications should be filed simultaneously in the Zoning Office. 20. Any UCC permit application filed in the Building Permit Department in Town Hall must include the plot/grading plan stamped and signed by the Zoning Officer. 21. The plans submitted must show a cross section of the deck indicating the height of the deck above grade, the height of any guardrails above the deck, and the specifications for the steps, including any handrail. 22. The plans must also show the size, width, depth, and spacing of the footings; the size, spacing and direction of joists, girders and decking; as well as the method of attachment, if any, to the dwelling. The specifications for the guardrails and handrails, baluster dimensions, and spaces between balusters must be shown. 23. UCC permit fees are based on the cost of the deck and are approximately $45.00 in amount. The Zoning permit fee is $50.00. 24. There is an increased tax assessment resulting from the value added to your home after deck construction. 25. Submission of complete, detailed and legible plans will expedite review by the Zoning Officer and Building Department. Please see the Zoning Permit Instructions handout for additional information in this regard.
DECK CONSTRUCTION PAGE 5 26. A footing inspection is required prior to concrete pour. 27. A final inspection is required upon completion of deck. 28. Inspections must be requested at least 24 hours in advance. Last revised 2015.01.22