ADU rules in Toms River

Toms River has only one accessory apartment pathway and it does not reach detached backyard units: § 348-11.4.A requires that "the affordable accessory apartment shall be located within a detached, owner-occupied single-family dwelling", meaning inside the house, not in a separate structure. Ord. No. 4830-26 (adopted 3-11-2026 and now codified) did add an Article XI definition at § 348-11.1.E under which "accessory apartments", expressly "also referred to as 'accessory dwelling units'", may be within the primary dwelling, within an accessory structure, an extension, or "a separate detached structure on the same lot". That is a terms-defined entry for the affordable housing article, though, and the same ordinance reenacted the permitting rule in § 348-11.4.A unchanged, so a detached unit is still not authorized. A search of the whole zoning chapter turned up no other accessory apartment, ADU, guest house, garage apartment or second-dwelling provision.

An accessory apartment inside a detached, owner-occupied single-family dwelling is permitted, but only in the R-800, RR, R-400C and R-400 zoning districts, only on a lot that otherwise conforms to the district's bulk requirements, and only as a deed-restricted affordable unit rented to a low- or moderate-income household. The townwide program is capped at 10 units. The apartment must be self-contained, with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance, must have its own separate door, and must consist of at least two rooms, one of which is a full bathroom.

§ 348-11.4.C(11) sets the ceiling relative to the principal dwelling rather than as an absolute number, C(8) sets the two-room minimum, and C(1) ends by barring any bedroom-count restriction in the accessory apartment program.

The affordable accessory apartment must be located within a detached, owner-occupied single-family dwelling, so the property owner has to live in the principal dwelling.

The application must include a site development sketch showing the required parking spaces for both dwelling units.

Affordable accessory apartments "shall be permitted" in the four eligible districts, so no conditional-use approval or variance is needed. The application does not go to the zoning office in the usual way: it goes to the Township's designated affordable housing (AH) administrator with a floor plan sketch, rough elevations and a site development sketch, and the applicant must also obtain a utility-capacity certification and record a deed restriction. The AH administrator may deny an application only if it does not conform to COAH's requirements or to the provisions of this section, and any denial must be in writing with reasons stated.

The Township subsidizes creation, at least $25,000 per low-income unit and $20,000 per moderate-income unit, under a written agreement with the owner; an apartment created illegally or without permits can be legitimized under the program but with no subsidy. Renting multiple rooms within a dwelling, to one tenant or to separate tenants, is also prohibited (§ 335-41.A). Chapter 335 Article VI text is at https://ecode360.com/print/DO0275?guid=32714921.