No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
A. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of development applications.
B. 
Special meetings may be held at the call of the Chairman or on the request of any two Board members.
C. 
No action shall be taken at any meeting without a quorum being present.
D. 
All actions shall be taken by majority vote of a quorum except as otherwise required by N.J.S.A. 40:55D-1 et seq.
E. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6 et seq.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
A. 
Development application fees.
[Amended 8-11-1987 by Ord. No. MC 2834; 3-8-1988 by Ord. No. MC 2849; 6-14-1988 by Ord. No. MC 2859; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 5-28-2003 by Ord. No. MC 3221; 9-9-2003 by Ord. No. MC 3233; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 4-21-2016 by Ord. No. MC 3568; 9-12-2017 by Ord. No. MC 3616]
(1) 
There is hereby established in connection with various applications for development and other matters which are the subjects of Chapter 365, Land Use Procedures, the following schedule of fees:
(a) 
Redeveloper's application fee.
[1] 
Each redeveloper's application shall be accompanied by an application filing fee. The filing fee is a nonrefundable flat fee to cover administrative expenses associate with processing the application.
[2] 
The redeveloper application fee is $75 for each application submitted to the Department of Economic Development and Grants Oversight for review and consideration.
(b) 
Subdivisions and site plans.
[1] 
Each application for subdivision or site plan approval shall be accompanied by both a filing fee and a technical review fee as provided below. The filing fee is a nonreturnable flat fee to cover administrative expenses. The technical review fee is established to cover the costs, legal, engineering and other professional services connected with the review of the application. Each deposit for technical review fees shall be held by the Township in a trust account separate from the general funds of the Township and separate from any other such account. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified as to the required additional amount and shall add such sum to the trust account.
Type
Filing Fee
Technical Review Fee
Concept plan
$300
See § 365-25D through K
Minor subdivision:
See § 365-25D through K
Simple lot line change
$250
Other
$450
Major subdivision:
See § 365-25D through K
Preliminary plat
$1,150
Final plat
$600
Site plans:
See § 365-25D through K
Minor
$500
Major preliminary
$750
Final
$500
Preliminary (multifamily)
$700
Final (multifamily)
$500
Site plan waiver
$200
[2] 
Requisitions for concurrent approvals shall pay combined fees.
(c) 
Conditional and temporary uses: $250 plus applicable subdivision or site plan fee.
(d) 
Variances and appeals.
[1] 
Errors or refusals:
[a] 
Appeals from decision of a Construction or Zoning Official pursuant to errors or refusals: $350.
[b] 
Error or refusal: hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning regulations.
[2] 
Exceptions or interpretations.
[a] 
Interpretation of the Zoning Map or the zoning regulations or for decisions on other special questions pursuant to exceptions or interpretations: $700.
[b] 
Exceptions or interpretations: hear and decide, in accordance with the provisions of Chapter 365, Land Use Procedures, requests for interpretation of the Zoning Map or the zoning regulations or for decisions upon other special questions upon which the Board is authorized to pass by any zoning regulation or official map ordinance.
[3] 
Variance of area or yard requirements.
[a] 
Variances pursuant to variance of area or yard requirements from lot area, dimensional, setback and yard requirements: $150 per variance.
[b] 
Variance of area or yard requirements where, by reason of exceptional narrowness, shallowness or shape of a specific piece or property or by reason of exceptional topographic conditions or by reason or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation of Chapter 365, Land Use Procedures, would result in peculiar and exceptional practical difficulties or to exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve any difficulties or hardships, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Chapter 365, Land Use Procedures.
[4] 
Variance of use regulations.
[a] 
Variances from use regulations pursuant to variance of use regulations: $780
[b] 
Variance of use regulations: in particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Chapter 650, Zoning, including but not limited to allowing a structure or use in a district restricted against such structure or use, but only by affirmative vote of at least five members of the Board of Adjustment.
[5] 
Building permits.
[a] 
Buildings in streets or other areas.
[i] 
Issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an Official Map: $550.
[ii] 
Building permit for a building in a mapped street or other area: direct issuance of a building permit for the construction of a building or structure within the bed of a mapped street or public drainageway, flood control basin or public area as shown on a duly adopted official map ordinance of the municipality whenever one or more parcels of land within said bed cannot yield a reasonable return to the owner unless a building permit is granted. The Board may grant such relief only by an affirmative vote of a majority of the full authorized membership of the Zoning Board of Adjustment, ensuring that such relief will tend to cause a minimum change of the Official Map and will not significantly add to the cost of opening any proposed street. The Board shall impose reasonable requirements as a condition of granting the building permit so as to promote the health, morals, safety and general welfare of the public.
[b] 
Buildings not related to a street.
[i] 
Issuance of a permit for a building or structure not related to a street: $300.
[ii] 
Building permit for a building not related to a street: direct issuance of a building permit for the construction of a building or structure on a lot not abutting a street which is shown on a duly adopted Official Map of the municipality or which is an existing state, county or municipal street or highway, a street shown upon a plat approved by the Municipal Planning Board or a street on a plat duly filed in the office of the county recording officer. The Board may grant such relief only where the enforcement of the statute requirement, that a building lot abut a street, would entail practical difficulty or necessary hardship, or where the circumstances of the case do not require the building or structure to abut a street. The Board shall impose requirements or conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and will protect any future street layout shown on the Official Map or on the general circulation plan element of the Municipal Master Plan.
(e) 
The fees in Subsection A(1)(d) inclusive above shall be in addition to any applicable fee in connection with a subdivision or site plan as provided in Subsection A(1)(b).
(f) 
Appeals to the Township Council: $550.
(g) 
Copy of decision of governing body to interested party in connection with an appeal: $75.
(h) 
Publication in newspaper of decision of governing body on an appeal: cost of publication.
(2) 
Where one application for development includes more than one approval request, the sum of the individual required fees shall be paid.
(3) 
If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall also arrange for the reporter's attendance.
(4) 
Carbon monoxide alarms; gas-fired, oil boiler or hot water heaters.
(a) 
The fee for inspection of one to 20 carbon monoxide alarms shall be $50.
(b) 
The fee for inspection of more than 20 carbon monoxide alarms shall be $100.
(c) 
When a gas-fired or oil boiler or hot water heater is newly installed or replaced the fee should be appropriately charged.
(5) 
The fee for the approval or denial of a zoning permit application shall be:
[Amended 5-15-2018 by Ord. No. MC 3642]
(a) 
Residential structure, one to three dwelling units: $60.
(b) 
Commercial use(s) or mixed uses: $100.
(6) 
Fences permits.
(a) 
Residential structure, one to four dwelling units: $100.
(b) 
Commercial use(s) or mixed uses: $200.
B. 
An additional fee, to be known as a hearing fee, shall be paid by the applicant to the official stenographer designated by each Board[1] in accordance with § 365-26E hereinbelow.
[1]
Editor's Note: Refers to Planning Board and Zoning Board of Adjustment.
C. 
Fees for any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which are not otherwise provided for by ordinance may be provided for as part of the rules of the Board and copies of said rules or of the separate fee schedule shall be available to the public. Such fees may be altered from time to time to maintain their relationship to all costs incurred directly or indirectly by the Town of Irvington with respect to said applications or services.
D. 
Escrow deposits for professional services.
[Added 9-12-2017 by Ord. No. MC 3616]
(1) 
The reviewing board shall require fees for technical and/or professional services and testimony employed to the board in reviewing an application, including the review services of the Director of Public Works, Township Planner, Board Attorney, Board Consultant, any other Township official and such other experts as may be deemed necessary (i.e., traffic, environmental, soils, etc.).
(2) 
Fees for technical and professional services shall be in addition to any and all other required fees.
[Amended 5-15-2018 by Ord. No. MC 3642]
Type
Fee
Concept plan
$150
Minor subdivision/simple lot change
$200
Major subdivision/preliminary plat
$150 per lot width with a minimum of $1,500
Final plat
$60 per lot with a minimum of $600
 
 
Site plans
Minor
$300
Major (preliminary)
$30 per 1,000 square feet of lot area or fraction thereof;
$30 per 1,000 square feet of floor area or fraction thereof;
Minimum review fee: $750
Major (final)
$15 per 1,000 square feet of lot area or fraction thereof;
$10 per 1,000 square feet of floor area or fraction thereof;
Minimum review fee: $500
Preliminary (multifamily)
$120 per dwelling unit
Final (multifamily)
$60 per dwelling unit; minimum review fee $500
E. 
Submission of escrow deposits.
[Added 9-12-2017 by Ord. No. MC 3616]
(1) 
Initial escrow deposit for all applicants will be $2,500. The applicant shall submit the required escrow deposit to the Planning or Zoning Board of Adjustment Secretary prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
(2) 
Required escrow deposits shall be in the form of a money order or certified check payable to the Township of Irvington.
F. 
Escrow for informal review.
[Added 9-12-2017 by Ord. No. MC 3616]
(1) 
Whenever an applicant requests an informal review of an application for development involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review.
(2) 
Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
G. 
Review of escrow deposit amount.
[Added 9-12-2017 by Ord. No. MC 3616]
(1) 
Prior to making a determination of completeness upon any application, the Board shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the reviewing board to cover professional costs anticipated for the application, additional funds in the amount of 33 1/3% of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
(2) 
Further additional escrow deposit fees may be required at any time upon determination by the reviewing board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of 1/3 of the initially required escrow fee, when and as determined necessary by the reviewing board.
H. 
Appeal of escrow deposit. In the event that the applicant believes the escrow deposit to be unreasonable, the Planning Board or the Board of Adjustment shall hear and decide whether such fees are reasonable, and the applicant may appeal the decision of the Planning Board or Board of Adjustment to the governing body, provided that the applicant shall provide the governing body such transcripts of the Planning Board or Board of Adjustment hearing on fees at his cost, and such hearing shall be on record. The governing body shall set a hearing date, with notice to all parties, and the applicant shall provide a court-certified stenographer to record said hearing. The governing body may reverse a Planning Board or Board of Adjustment decision only if the Board's decision is not sustained by the preponderance of the evidence.
[Added 9-12-2017 by Ord. No. MC 3616]
I. 
Escrow accounts over $5,000; conditions. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for herein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government or in any other funds or depository approved for such deposits by the state in an account bearing interest at the minimum rate currently paid by the institution or depository time on savings deposits. The municipality shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of the interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality will retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
[Added 9-12-2017 by Ord. No. MC 3616]
J. 
Accounting of escrow deposits. In the event that any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Secretary of the Planning Board or Board of Adjustment. The applicant shall be responsible for any costs incurred by the Planning Board or the Board of Adjustment in having its professional and administrative staff prepare an accounting of the fees expended. Such additional amount as may be required for said accounting shall be paid to the Planning Board or Board of Adjustment prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for said accounting.
[Added 9-12-2017 by Ord. No. MC 3616]
K. 
Refunds. All escrow funds described herein shall be utilized by the appropriate board to pay the cost of any technical and/or professional services incurred by the Board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 60 days after the final determination by the appropriate board with respect to such application. No amount shall be refunded prior to certification by the Board Secretary that said application has been finally determined.
[Added 9-12-2017 by Ord. No. MC 3616]
L. 
Special meeting request fee.
[Added 10-10-2023 by Ord. No. MC 3843]
(1) 
The fee for a special meeting request of the Planning Board or Zoning Board shall be $ 5,000 per application, per meeting.
(2) 
The following meeting attendees shall receive the stipends listed below for attending said special meeting:
(a) 
Board member: $125 stipend.
(b) 
Board Secretary: $250 stipend.
(c) 
Stenographer: $300 stipend.
(d) 
Township Planner: $500 stipend (inclusive of prep time for meeting).
(e) 
Board Attorney: $1,000 stipend (inclusive of prep time for meeting).
(3) 
At the conclusion of the meeting the Board Secretary shall submit a detailed document of who attended the meeting and what stipend they shall receive in addition to any other compensation from the Township.
(4) 
The request for a special meeting must be made in writing from the applicant via e-mail/ hard mail. A certified check or money order in the amount of $5,000 made payable to the Township of Irvington must be submitted at the same time of the special meeting.
A. 
Rules. The Planning Board and Zoning Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B. 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. 
Recording. Each Board shall from time to time designate an official stenographer to provide a verbatim recording of all proceedings pursuant to N.J.S.A. 40:55D-10(f). Such official stenographer shall set a hearing fee and such other fees respecting the preparation of a transcript as may be necessary, which fees shall be approved by each Board. The official stenographer shall furnish a transcript of the proceedings on request to any interested party at his expense.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof as follows:
A. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the hearing date.
B. 
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B hereof.
D. 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
E. 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. 
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10(b).
G. 
All notices hereinabove specified shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available as required by law.
J. 
Accompanying the filing of an application with the Planning Board or Board of Adjustment by a food establishment shall be a floor plan of the premises which floor plan shall have been preliminarily approved by the Director of the Department of Housing Services or his designee.
[Added 2-23-1982 by Ord. No. MC 2652; amended 9-28-1982 by Ord. No. MC 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
[Amended 9-13-1977 by Ord. No. MC 2505[1]]
A. 
Upon written request of an applicant to the Town Engineer and to the Tax Assessor, the Town Engineer or his designee shall promptly prepare and furnish to the Irvington Tax Assessor a plot plan showing the lots and blocks of all the rear property on the current tax duplicate map within 200 feet in all directions of the property which is the subject of the application and hearing within the Town of Irvington and showing whether said 200 feet extends into any adjoining municipality.
B. 
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor or designee shall, within seven days after the receipt of said written request by the applicant and upon receipt of payment of a sum not to exceed $0.25 per name, or $10, whichever is greater, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to § 365-27.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board and shall include findings of fact and conclusions based thereon.
B. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service, if any. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality. A copy of the decision shall also be filed with the Municipal Council, Building Inspector and Planning Board or Zoning Board of Adjustment, as the case may be.
[Amended 3-8-1988 by Ord. No. MC 2849]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary to the Planning Board and Board of Adjustment without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Amended 8-13-1991 by Ord. No. MC 2929[1]]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, applications for approval by the Planning Board of either subdivisions or site plans, or both, and for approval by the Board of Adjustment for zoning, respectively, shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[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."
An appeal from any final decision of the Zoning Board of Adjustment or Planning Board may be taken to the Municipal Council, provided that such appeal shall be taken in accordance with the provisions of N.J.S.A. 40:55D-17.