Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 98 of the 1981 Revised Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Escrow fees for redevelopment and foreclosure matters — See Ch. 282.
Flood damage prevention — See Ch. 313.
[1]
Editor's Note: Chapter 98, Fees and Licenses, of the 1981 Revised Code contained all fee amounts imposed by all other chapters throughout the Code. At the request of the Township, all fee amounts imposed by other chapters have been relocated to the authorizing chapter.
Except as otherwise expressly provided by the Revised Code or other ordinances of the Town, all types of licenses required by the various provisions of the Revised Code and other ordinances of the Town shall be applied for by proper application to the Division of Licensing of the Department of Revenue and Finance of the Town.
Except as otherwise expressly provided by the Revised Code or other ordinances of the Town, all licenses of every type and kind as regulated by the provisions of the Revised Code and the various other ordinances of the Town shall be issued, after proper application as set forth in § 290-1, through the Division of Licensing.
This article shall not apply to the various types of licenses which are specifically delegated to be applied for, issued and regulated by any municipal department or municipal agency pursuant to the direction of any law or statute of the state.
[Added 8-13-1991 by Ord. No. MC 2929[1]; amended 12-18-2012 by Ord. No. MC 3476]
A. 
Definitions. As used in this section, the following term(s) shall have the meanings as indicated:
BUSINESS
Any individual, partnership or corporation licensed by the Township to conduct business in the Township of Irvington.
B. 
Display of license or permit.
(1) 
Any and all license(s) or permit(s) issued to an individual, partnership or corporation to conduct business in the Township of Irvington must be displayed on such premises, in a conspicuous manner, within five feet of the front entrance of said business.
(2) 
This subsection shall not apply to those businesses regulated by the Alcoholic Beverage Control Act.[2]
[2]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
C. 
No license or permit shall be issued or renewed, as the case may be, to any applicant who is the owner of property wherein a business or activity for which a license or permit is sought or wherein a business or activity is to be conducted unless and until any delinquent property taxes or assessments on such property are paid and current. This subsection shall not apply to licenses issued pursuant to the Alcoholic Beverage Control Act of the State of New Jersey.
D. 
The applicant shall supply a certificate from the Township Tax Collector that all property taxes and assessments are paid and current on the subject property.
E. 
In addition, a license issued pursuant to this chapter may be revoked or suspended when any licensee who is the owner of the property upon or within which the licensed activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters.
[1]
Editor's Note: Section 4 of this ordinance provided as follows: "The issuance or maintenance of licenses or permits under any provision of this ordinance will not be withheld or denied if such action will jeopardize the health and safety of the citizens of Irvington."
[Amended 9-22-1977 by Ord. No. MC 2508; 1-22-1980 by Ord. No. MC 2594; 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
A. 
The fee for the service of the Construction Officer in giving advice and making a decision as to compliance with Chapter 313 of the Revised Code of the Town of Irvington shall be $55.
B. 
The fee for information supplied by the Township Engineer as to whether a particular block and/or lot is located in the special flood hazard area shall be the sum of $22.
[Added 12-11-2007 by Ord. No. MC 3362; amended 12-29-2009 by Ord. No. MC 3413]
Any permits taken out for building construction or rehabilitation shall be subject to an administrative fee of 35% in the event that such work is not performed and a refund is sought.
[Added 3-25-1980 by Ord. No. MC 2601; amended 2-24-1981 by Ord. No. MC 2623; 6-26-1984 by Ord. No. MC 2731; 11-27-1984 by Ord. No. MC 2757; 8-11-1987 by Ord. No. 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 3-11-2008 by Ord. No. MC 3375; 12-29-2009 by Ord. No. MC 3413]
License or permit fees shall be paid annually to the Division of Licensing of the Township of Irvington for the period beginning April 1 of each year for the conduct of the following businesses, such fees to be for the purpose of regulation, control and revenue to offset the cost of services:
A. 
To conduct or operate a telephone answering service, the license fee shall be $65.
B. 
To conduct or operate the business of manufacturing, distributing or selling cosmetics (liquids, creams or sprays) or beauty parlor or barbershop supplies, the fee shall be $235 initially and $65 annually thereafter.
C. 
To conduct or operate the business of automobile washing, the fee shall be $397 initially and $160 annually thereafter.
D. 
To conduct or operate the business of check cashing, the fee shall be $535.
E. 
To conduct or operate the business of body art (tattoo, permanent cosmetics, ear and body piercing) establishments, the initial license fee shall be $500. Thereafter, the annual renewal fee to conduct or operate the business of body art (tattoo, permanent cosmetics, ear and body piercing) shall be $250.
F. 
To conduct or operate the business of buying or selling used merchandise, the license fee shall be $217.
G. 
To conduct or operate the business of a hotel or motel, the license fee shall be $1,082 initially and $325 annually thereafter.
H. 
Every person who desires a topographic sheet or a sewer master plan sheet shall pay the sum of $108 for each copy thereof.
A. 
Every person who desires a certified copy of a birth, marriage or death certificate or an amendment/correction to the record thereto shall complete and submit an application form accompanied by the full amount of the application fees to the Registrar of Vital Statistics of the Township of Irvington as follows:
[Amended 3-26-2013 by Ord. No. MC 3485]
(1) 
For each certified copy of a birth certificate, the fee shall be $25 for the first copy and $9 for each copy thereafter per transaction.
(2) 
For each certified copy of a death certificate, the fee shall be $25 for the first copy and $9 for each copy thereafter per transaction.
(3) 
For each certified copy of a marriage certificate, the fee shall be $25 for the first copy and $9 for each copy thereafter per transaction.
(4) 
For any correction to a birth, marriage or death certificate, the fee shall be $25.
B. 
Inmate birth certificates.
[Added 2-23-2011 by Ord. No. MC 3432]
(1) 
Inmates who are enrolled in the STARS program and successfully complete it before release shall be entitled to discount fee of $4 from the birth certificate fee of $25.
(2) 
The aforementioned shall apply only after the Township receives $5 to cover birth certificate fees from the New Jersey Department of Corrections.
(3) 
The aforementioned discount only applies to inmates in the STARS program and who are Irvington residents.
[Added 10-23-1984 by Ord. No. MC 2752; amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134]
A. 
Parking fees for the Nye Avenue Parking Garage shall be as follows:
(1) 
Up to three hours: $1.
(2) 
Over three hours, per day: $4.
B. 
Parking permits for the Nye Avenue Garage shall be as follows:
(1) 
Per month: $60.
(2) 
Initial deposit for entry card: $5 (deposit is refunded when card is returned).[1]
[1]
Editor's Note: Former § 98-31C, regarding the Washington Avenue lot, was moved to § 620-57 at the request of the Township.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for a parking lot shall be $423 initially and $217 annually thereafter.
[Added 8-11-1987 by Ord. No. MC 2834; amended 3-14-1989 by Ord. No. MC 2880; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for a used car lot shall be $108 per year with a display of five cars or less and $645 with more than five cars on display.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for an incinerator shall be $693 initially and $96 annually thereafter.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for an apartment rental agency, not operating as part of a licensed real estate firm, shall be $2,164 initially and $535 annually thereafter.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 5-30-2018 by Ord. No. MC 3655; 1-28-2019 by Ord. No. MC 3681]
A. 
License required. No person shall sell tobacco unless a local license to operate the same has been issued by the Department of Health following the requisite approval, as defined in N.J.A.C. 8:24-1.5.
B. 
Annual fee. The annual fee for a tobacco license shall be $250.
C. 
Display of license. The license issued under the provision of this section shall be displayed in a conspicuous place, by the establishment's entrance or cash register in such a manner that the public may view the license.
D. 
Violations. A license issued under the provision of this section may be revoked or suspended, a request for a license may be denied, and the violation may be reported to the New Jersey Department of Taxation based upon just cause which shall include:
(1) 
The violation of any statute, regulation or code of the State of New Jersey dealing with health, disease control, sanitary practices, or environmental control;
(2) 
The sale of tobacco and/or any type of smoking device or product to a person under the legal age, as defined in N.J.S.A. 54:40A-4.1;
(3) 
The illegal sale of untaxed, counterfeit or single cigarettes; or
(4) 
The violation of any provision of any other ordinance of the Township of Irvington.
E. 
Penalties. Fines for violations of this section are as follows:
(1) 
First violation: a fine of $100.
(2) 
Second violation: a fine of $500.
(3) 
Third violation: a fine of $1,000 and a mandatory court appearance.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for a wrecker/tow truck shall be $108 annually.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for an antique store shall be $108 annually.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for livery services shall be $217 annually.
[Added 8-11-1987 by Ord. No. MC 2834; amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The license fee for newspaper vending machines shall be $53 annually, and such machines shall not block the sidewalk.
[Added 6-27-1995 by Ord. No. MC 3019; amended 6-25-1996 by Ord. No. MC 3037; 6-24-1997 by Ord. No. MC 3069; 6-23-1998 by Ord. No. MC 3097; 4-10-2012 by Ord. No. MC 3461]
Summer season fees for persons desiring to use the facilities of the Irvington Swimming Pool shall be as follows:
A. 
Family (permanent residents of Irvington, husband, wife, unmarried children up to and including 18 years of age, residing in the same household): $75.
B. 
Adults (permanent residents of Irvington, over the age of 18 and up to the age of 59): $35.
C. 
Minors (permanent residents of Irvington, ages infant up to 18 years of age): $15.
D. 
Senior citizens (permanent residents of Irvington, ages 60 and older): $15.
E. 
Nonresidents (daily): $20.
F. 
Nonresidents temporarily residing with an Irvington resident:
(1) 
Ages six to 12: $10.
(2) 
Ages 13 to 18: $15.
[Added 9-9-1998 by Ord. No. MC 3097]
A. 
Shelter houses owned and operated by the Township of Irvington shall be made available for public use by the following Irvington organizations without any cost after appropriate application is made for such use and depending upon the availability of the facility requested:
(1) 
All Irvington-recognized block associations by listing filed with the Community Development Department and Public Safety Department, with president and vice president.
[Amended 10-14-2015 by Ord. No. MC 3553]
(2) 
All tenant associations.
(3) 
Irvington Chamber of Commerce.
(4) 
Irvington Anti-Graffiti Committee.
(5) 
Irvington Economic Development Committee.
(6) 
Irvington Little League Organization.
(7) 
Irvington International Small Fry Parents Association.
(8) 
Irvington Urban Enterprise Zone Organization.
(9) 
Irvington Special Improvement Association.
(10) 
Irvington Clergy Association.
(11) 
Irvington Municipal Council representative (for community meetings only).
(12) 
Irvington Springfield Avenue Business Association (for meetings only).
(13) 
Community meetings for the Mayor.
B. 
Other groups not specifically mentioned herein may apply for use of the herein-mentioned facilities without cost and shall be given proper consideration after its use application is reviewed.
[Added 9-28-1999 by Ord. No. 3129[1]]
A. 
Metropolitan Fiber Systems of New Jersey, Inc., (MFS) shall pay the Township $1,000 as an initial administrative processing fee, upon effective date; and
B. 
A fee equal to the actual costs to the Township as invoiced annually, within one year of the accrual of said actual cost; or
C. 
The greater of $500 or $200 per route mile of its facilities physically occupying the public rights-of-way.
[1]
Editor's Note: This ordinance also stated: "This Agreement is subjected to any ruling by a court of competent jurisdiction allowing municipalities to impose a higher fee."
[Added 11-9-1999 by Ord. No. MC 3133; amended 2-26-2002 by Ord. No. MC 3188; 4-22-2008 by Ord. No. MC 3377; 11-25-2014 by Ord. No. MC 3517]
The Township shall utilize a range for attorney fees from $115 to $250 per hour for legal matters assigned by the legal department.
[Added 12-14-1999 by Ord. No. MC 3134; amended 4-25-2000 by Ord. No. MC 3148; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fee for a junkyard shall be $1,271 annually.
[Added 12-14-1999 by Ord. No. MC 3134; amended 4-25-2000 by Ord. No. MC 3148; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fee for towing and storage of motor vehicles shall be $1,271 annually.
[Added 12-14-1999 by Ord. No. MC 3134; amended 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fee for the Health Officer to search the Township's environmental and/or medical records shall be $55 per hour with a minimum charge of $99.[1]
[1]
Editor's Note: Original § 98-49, False fire alarms, as amended, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 12-14-1999 by Ord. No. MC 3134; amended 4-10-2018 by Ord. No. MC 3641]
The fee for firesafety inspections shall be as follows:
A. 
One unit: $100.
B. 
Two units: $150.
C. 
Three units: $200.
D. 
For structures with more than three units a fee of $20 per additional unit shall be added to the $200 fee.
E. 
The reinspection fee shall be 50% of the initial fee.
F. 
All fees must be paid prior to an initial inspection or reinspection.
[Added 12-14-1999 by Ord. No. MC 3135]
A. 
Membership fees for the Chris Gatling Center for persons desiring to use the facilities shall be as follows:
[Amended 12-29-2009 by Ord. No. MC 3413]
(1) 
Family membership (up to two adults and three children or one adult and four children): $50 per year; each additional child: $5 per year.
(2) 
Adult membership (age 18 or over): $30 per year.
(3) 
Senior citizen (age 62 or over): $20 per year.
(4) 
Youth membership (age 17 or younger): $20 per year.
(5) 
Guest pass: $15 per day.
(6) 
Special activities fee: $25 to $50 per activity.
B. 
Membership is limited to Irvington residents.
[Added 7-15-2003 by Ord. No. MC 3227]
The fee to sell goods at the Farmer's Market shall be $50 per month or part thereof payable monthly, in advance, to the Township of Irvington.
[1]
Editor's Note: Former § 290-29, Fees for day-care center, added 10-13-2004 by Ord. No. MC 3274, as amended, was superseded by Ord. No. MC 3668, adopted 10-10-2018. See now Ch. 255, Art. I, for fees related to day-care facilities.
[Added 3-29-2011 by Ord. No. MC 3435]
The fee for installation of monuments that have not been installed as part of a filed subdivision map shall be $1,000 per monument. This fee shall be deposited with the Municipal Clerk. Upon the installation of the required monuments, the fee shall be returned to the applicant; however, if one year elapses from the date of the posting of the fee and the monuments have not been installed, the Township shall be free to engage the services of a licensed professional land surveyor and install these monuments. The costs incurred for the installation of these monuments, plus reasonable administrative costs, shall be drawn from this fee. In the event there is an available balance after the installation of the monuments, that sum shall be returned to the person posting the fee.
[Added 7-12-2011 by Ord. No. MC 3447; amended 4-10-2012 by Ord. No. MC 3461]
Activity
Fee/Cost
Biddy basketball
$35
Karate
$35
Cheerleading activities
$35
Aerobics
$15/$150
Adult 35 years and older
$15/$150
Basketball
Ages 13 through 16 activity
Junior Lad
$35
Age 17 activity
Senior Lad
$35
Weight room
$50
Boxing
$35
Open activity
Free
Summer registration
$40
Trip activity
Minimum $10 not to exceed $50
Referee
Minimum $15 not to exceed $30
Uniforms
Minimum $25 not to exceed $100
T-shirts
Minimum $10 not to exceed $25
Basketball leagues
Minimum $150 not to exceed $300
[Added 4-9-2013 by Ord. No. MC 3488; amended 3-13-2018 by Ord. No. MC 3635]
There shall be a fee of $50 payable by all vendors who desire to receive a bid package to cover the general costs of producing or reproducing such by the Department of Finance. The fee shall be payable by cash and or check with the latter being made out to the Township of Irvington. A fee of $20 for bank charges will be assessed for any checks returned not payable or dishonored.
[Added 6-25-2013 by Ord. No. MC 3494]
The Substitute Municipal Prosecutors in the Irvington Municipal Court will be paid at a rate of $300 per session (a full day or full evening) for their services rendered in the Municipal Court.
[Added 9-26-2017 by Ord. No. MC 3618]
A. 
There shall be a user fee that will vary from $1 up to $50 payable by any individual, entity, firm, corporation, company, organization, etc., that desires to use an online/Internet-based system for the purchase of, applying for, obtaining, registering, or receiving any of the various municipal documents, records, permits, forms, certifications, applications, licenses, etc., from the Township of Irvington.
B. 
The user fee will be in addition to and a separate charge from the Township fees already required to obtain what is being sought.
C. 
The user fee may be required by a third party or multiple parties that are distinct and not affiliated with the Township of Irvington.
D. 
The user fee will only apply to transactions conducted over the Internet. The fee is mandatory to process the request. The fee(s) cannot be waived, altered or amended in any way.
E. 
The user fee is nonrefundable under any circumstances.
[Added 6-26-2018 by Ord. No. MC 3659]
A. 
Discovery fee. The fee for discovery requested for a matter pending before the Irvington Municipal Court shall be $20 per request for all paper reports. Fees for videotape and audio tape is outlined in Subsection B(1) and (2).
B. 
Videotape and audiotape reproduction fees.
(1) 
The fee for the Police Department reproduction of a videotape or audiotape shall be as follows:
(a) 
Reproduction of videotape: $50 per tape.
(b) 
Reproduction of audiotape: $20 per tape.
(2) 
The fee for any other department of the Township of Irvington for the reproduction of a videotape or audiotape shall be as follows:
(a) 
Less than two hours' playing time: $10 per tape.
(b) 
Over two hours' and less than four hours' playing time: $16 per tape.
(c) 
Over four hours' playing time: $20 per tape.
C. 
This fee shall be collected by the Police Department.
D. 
The Township will waive above fees for all cases represented by a Public Defender.
[Added 9-11-2018 by Ord. No. MC 3664]
A. 
There shall be a mortgage discharge fee in the amount of $50 to be paid by the property owner or his or her authorized representative to cover the cost of the Township preparing and recording the discharge of mortgage, affordability or deed restriction.
B. 
The mortgage discharge fee is nonrefundable under any circumstances.