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East Brunswick, NJ Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

RP district listing
Permitted principal use, § 228-6.3F
Definition
§ 228-3, FAMILY DAY-CARE HOME
State registration
Family Day Care Provider Registration Act, P.L. 1987, c. 27
R-1 district listing
Permitted use, § 228-8M
RP-2 district listing
Permitted use, § 228-6.13B

Summary

In East Brunswick Township, New Jersey, a family day care home is a permitted principal use in the RP Rural Preservation district, and the Township defines it as the private residence of a provider registered under the state Family Day Care Provider Registration Act. The R-1 district lists the same use.

§ 228-6.3. Permitted uses. ... Principal uses and buildings permitted are as follows: A. Single Family dwellings. ... F. Family day care home. [Added 09-21-15 Ord. 15-16]

Full Breakdown

East Brunswick Township Code § 228-6.3, the permitted-use section for the RP Single-Family Rural Preservation District, lists "Family day care home" as item F among the principal uses and buildings permitted. The item was added by Ord. 15-16 on 09-21-15. Because it appears in the permitted-use list, not the conditional-use list in § 228-6.4, it does not need the Planning Board conditional use permit that places of assembly and academic schools need in the same district.

The definition at § 228-3 explains what qualifies. A FAMILY DAY-CARE HOME is the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.). The Township ties the zoning status to that state registration, so a household that is not registered falls outside the definition.

The use is listed across the Township's residential districts, not only the RP district. Section 228-6.13 (RP-2) lists Family day care home as item B, § 228-8 (R-1) lists Family Day Care Home as item M, and the permitted-use sections at §§ 228-17, 228-26, 228-35 and 228-48.2 each list Family Day Care Home as well. A resident in East Brunswick Township should read the district article for the lot in question.

The Township handles larger operations separately. The Zoning Ordinance defines NURSERY SCHOOL as an establishment providing for the care, supervision, and protection of children, also referred to as day care or pre-school, and lists Nursery schools as a separate permitted use in the R-1 district. For a home occupation, subsection C of the definition at § 228-3 refers to a nursery school or baby-sitting service permitted as a home occupation under state law.

Violations & Fines

The Zoning Officer enforces Chapter 228 and a summons is issued to anyone who commits a violation (§ 228-265A). Under § 1-15A, a conviction carries a fine not to exceed $2,000, up to 90 days in the county jail, or up to 90 days of community service, and each day is a separate offense. A fine above $1,250 against an owner for a zoning violation requires a 30-day cure period and a Municipal Court hearing opportunity.

Frequently Asked Questions

Can I run a family day care home in East Brunswick Township?
Yes, where the district lists it. East Brunswick Township Code § 228-6.3F permits a family day care home in the RP district, and § 228-8M lists it in R-1. The residence has to be registered as a family day-care home under the state Family Day Care Provider Registration Act, as § 228-3 defines.
Do I need a conditional use permit for a family day care home?
In the RP district it is listed under § 228-6.3 Permitted uses, not under § 228-6.4 Conditional uses, where places of assembly and schools for academic instruction are placed with their own standards. The district text prints no conditional use permit for a family day care home.
What does East Brunswick Township mean by a family day-care home?
Section 228-3 defines it as the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.). The zoning use depends on that state registration.
Is baby-sitting at home treated as a home occupation?
Subsection C of the HOME OCCUPATION definition in § 228-3 lists a nursery school or baby-sitting service permitted as a home occupation under state law as an example of a permitted home occupation. The home occupation conditions, such as no outside storage and no advertising sign, then apply.

Sources & Official References

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