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Toms River, NJ Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Toms River, NJ, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Eligible zones
R-800, RR, R-400C, R-400 only
Program-wide cap
10 affordable accessory apartments total
Minimum rental term
10 years to low/moderate-income tenants
Extra parking required
2 on-site spaces beyond main house
Township construction subsidy
$25,000 low-income / $20,000 moderate-income
Size cap
Cannot exceed principal dwelling's floor area

Summary

Toms River Township permits an accessory apartment only through its Affordable Accessory Apartment program under Township Code § 348-11.4, and only in the R-800, RR, R-400C and R-400 Zoning Districts. The unit must sit inside a detached, owner-occupied single-family home, rent exclusively to income-qualified households, and the entire program is capped Township-wide at 10 apartments.

Notwithstanding any provision of the Land Use and Development Regulations Ordinance to the contrary, affordable accessory apartments shall be permitted in the R-800, RR, R-400C and R-400 Zoning Districts. The affordable accessory apartment shall be located within a detached, owner-occupied single-family dwelling and on a lot that otherwise conforms to the bulk requirements of the zoning district which it is located. ... The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households. ... The maximum number of affordable accessory apartments to be developed in the Township under the provisions of this section shall be 10.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).

Full Breakdown

4 permits affordable accessory apartments in the R-800, RR, R-400C and R-400 Zoning Districts, but only inside a detached, owner-occupied single-family home on a lot that otherwise meets the zone's bulk standards. The apartment must be self-contained, with its own kitchen, complete sanitary facilities, sleeping quarters and a private entrance, and it must go to a low- or moderate-income household. Once occupied, it must stay rented to a low- or moderate-income household for at least 10 years from the certificate of occupancy. The Township caps the whole program at 10 units, requires a recorded deed or declaration of covenants restricting rental or sale, and requires the water/sewer utility to certify capacity before approval.

Each unit needs at least two rooms including a full bathroom, cannot exceed the gross floor area of the existing principal dwelling, and must provide two on-site parking spaces beyond what the main house already requires. C. 8(c)1, keeping a waiting list, distributing subsidy, and filing the deed restriction. Toms River funds construction with a direct subsidy of at least $25,000 per low-income unit or $20,000 per moderate-income unit, paid under a written agreement with the property owner. Applicants submit a floor-plan sketch, rough elevations of any facade changes, and a site-development sketch showing property lines, setback lines and required parking for both units to the AH administrator.

Violations & Fines

Toms River does not fine unauthorized accessory apartments under § 348-11.4 directly. Instead, an owner who already built one without permits can legitimize it as an affordable accessory apartment under § 348-11.4C(13): every program criterion still applies, except the Township pays no construction subsidy for a unit built that way. Separately, the AH administrator may deny any accessory-apartment application outright when the project doesn't conform to COAH's requirements or the section's own terms; § 348-11.4D(2) requires every denial to be issued in writing with the reasons clearly stated.

Frequently Asked Questions

Where in Toms River can I add an affordable accessory apartment?
Only in the R-800, RR, R-400C and R-400 Zoning Districts, and only inside a detached, owner-occupied single-family home on a lot that already meets the zone's bulk requirements, per Township Code § 348-11.4A.
How many of these apartments will Toms River approve?
The program is capped Township-wide at 10 affordable accessory apartments under § 348-11.4C(5). Once that cap is reached, the AH administrator cannot approve additional units regardless of zoning eligibility.
Will Toms River help pay to build the apartment?
Yes. Under § 348-11.4D(3), the Township provides at least $25,000 per unit for a low-income accessory apartment or $20,000 for a moderate-income one, paid under a written agreement with the owner covering construction costs or reduced rent.
I built an apartment without permits. Can I still qualify?
Under § 348-11.4C(13), an illegally created accessory apartment can be legitimized under this section if it meets every program criterion, but the Township will not provide the construction subsidy for a unit built that way.

Sources & Official References

Other rules in Toms River

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