Irvington, NJ Fence Regulations: Retaining Walls (2026)

Section 560-57 is one line long, sitting in Article X, Design Standards for Site Plans, inside Chapter 560, Subdivision and Site Plan Review, adopted June 14, 1977, by Ord. No. A. 40:55D-1 et seq. It applies whenever a retaining wall is built as part of a 'development,' a term the chapter defines to include the 'construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure,' which covers a wall built alongside a subdivision, a new building, or a site plan improvement.

Rather than fixing a height, setback or engineering-certification threshold in the ordinance text, the Township delegates that judgment entirely to the Building Inspector, who reviews the design against the Uniform Construction Code and can reject a wall that does not meet current engineering standards. The neighboring section, § 560-58, backs that authority up: the Planning Board 'may require provision of such additional measures as it deems necessary to protect public areas or neighboring properties from adverse effects,' which gives the Board room to impose extra retaining-wall conditions, such as drainage or guardrails, on a case-by-case basis during site plan review.

An applicant who believes literal compliance creates 'undue hardship' can seek relief under § 560-59, which lets the Planning Board or Zoning Board of Adjustment grant a written, reasoned exception from any Chapter 560 design standard, including this one. Because § 560-57 carries no fine of its own, a retaining wall built without the required approval falls back on the Revised Code's general penalty at § 1-17: up to a $2,000 fine, up to 90 days' imprisonment, or both, with each day of the violation counted separately.