Toms River, NJ Accessory Structures: ADU Rules (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.
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?
How many of these apartments will Toms River approve?
Will Toms River help pay to build the apartment?
I built an apartment without permits. Can I still qualify?
Sources & Official References
Other rules in Toms River
How Toms River compares: Easiest Cities to Build an ADU·Compare Toms River to another location·View the New Jersey accessory structures overview
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