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Irvington, NJ Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State license required
NJ DHS Div. of Youth and Family Services
License must be on file
before certificate of occupancy
Siting restriction
no location hazardous to children
Floor-area exclusion
excluded from parking/floor-space caps
Statutory basis
N.J.S.A. 40:55D-66.6, 66.7

Summary

Child-care centers in Irvington must be licensed by the New Jersey Department of Health Services' Division of Youth and Family Services before the Township will issue a certificate of occupancy. Township Code Sec. 650-49 also bars siting near hazardous conditions and exempts center floor area from parking and floor-space caps.

A. Any residence or facility used for the purpose of providing a child-care center shall be required to be licensed with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a copy of the license, prior to the Township granting a certificate of occupancy for the use. B. Child-care centers shall not be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children. C. The building or portion thereof used for such purposes shall be required to meet all of the applicable standards and regulations for nonresidential buildings in the zoning district in which it is located. However, pursuant to N.J.S.A. 40:55D-66.6 and 66.7, the floor area occupied in any building as a child-care center shall be excluded in calculating any parking requirement and shall not be counted toward the maximum permitted floor space under this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Sec. 650-49 sets three conditions for any child-care center operating as a permitted or conditional use under Article VI. First, subsection A requires the residence or facility to be licensed with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a copy of the license, prior to the Township granting a certificate of occupancy for the use, so the state license has to exist and be filed with the Township before occupancy is legal, not merely applied for.

Second, subsection B bars siting near or adjacent to areas determined to be hazardous to the physical health and safety of the children, a standard the code leaves undefined and therefore subject to case-by-case review by the Township's zoning and construction officials. A. 7, the floor area occupied by the child-care center is excluded from any parking-space calculation and does not count toward the maximum permitted floor space otherwise capped under Chapter 650. That exclusion can matter for an existing commercial building already near its floor-area ceiling, since adding a licensed child-care use will not push it over that cap.

Violations & Fines

Operating a child-care center without filing the state license with the Township before occupancy, siting one in a location later found hazardous, or occupying nonresidential space that fails the district's building standards under Sec. 650-49 is enforced as a Chapter 650 zoning violation under the general penalty at Sec. 650-94: up to $1,000, up to 90 days' imprisonment, or both, per continuing day of violation after notice.

Frequently Asked Questions

Does Irvington require a state license for a child-care center?
Yes. Sec. 650-49A requires the facility to be licensed with the New Jersey Department of Health Services' Division of Youth and Family Services, and a copy of that license must be on file with the Township before it will issue a certificate of occupancy.
Does a child-care center count against a building's maximum floor space in Irvington?
No. Sec. 650-49C, citing N.J.S.A. 40:55D-66.6 and 66.7, excludes the floor area occupied by a child-care center from both parking-space calculations and the maximum permitted floor space otherwise capped under Chapter 650.
Are there location restrictions for child-care centers in Irvington?
Yes. Sec. 650-49B bars siting a child-care center near or adjacent to areas determined hazardous to the physical health and safety of the children, a case-by-case standard applied by the Township.

Sources & Official References

Other rules in Irvington

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