Toms River, NJ Building Safety: Childcare Center Rules (2026)
Key Facts
- Use type
- Conditional use, site plan required
- Building cap
- 5,000 sq ft above grade
- Below-grade space
- No recreation or classrooms
- Setbacks
- 100 ft front, 50 ft side/rear
Summary
Toms River Township allows nursery schools and day nurseries only as a conditional use, capping any building at 5,000 square feet above grade and banning classrooms or recreation space below grade, plus 100-foot front and 50-foot side/rear setbacks.
Nursery schools and day nurseries are permitted as a conditional use in those zones specified, subject to the following standards... Minimum front yard setback: 100 feet. Minimum side and rear yard setbacks: 50 feet... The maximum floor area in any single building used as a nursery school or day nursery shall be limited to 5,000 square feet above grade; and any areas constructed below grade shall not be utilized to house recreation or classroom areas.
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
Under § 348-9.7, a nursery school or day nursery is a conditional use requiring a two-acre minimum lot and 300-foot minimum width on tracts over four acres, plus site plan approval. The building itself is capped at 5,000 square feet of above-grade floor area, and any below-grade space is off-limits for recreation or classroom use, keeping children's activity areas at grade with normal means of egress. Setbacks run 100 feet from the front line and 50 feet from side and rear lines, with accessory buildings held back at least 30 feet from residential property lines, and the site must front a collector or arterial road.
Violations & Fines
A nursery school or day nursery built or run outside these conditions is a Chapter 348 zoning violation: a minimum $100 fine for the first offense, $200 for each repeat, with every day of violation counted as a separate offense.
Frequently Asked Questions
Can a Toms River day nursery use a basement for classrooms?
How big can a day nursery building be in Toms River?
Sources & Official References
Other rules in Toms River
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