The Zoning Officer shall not issue a zoning or building permit for any project other than a one- or two-family dwelling unless a site plan review of the Joint Land Use Board in accordance with the use variance procedures has been filed with the Construction Official. Said site plan review shall include, but not be limited to, a written indication from the applicant and/or owner of the premises as to the anticipated use of the premises, materials or services to be utilized or provided, the number of persons expected to use the premises, such as employees and customers, and a sketch plan indicating the parking that will be provided for employees and customers. This section shall also be read in conjunction with Chapter
355, Site Plan Review, of the Borough of Dumont.
The provisions of this chapter shall be enforced
by the Zoning Officer, who shall also be that person designated pursuant
to this chapter. It shall be his duty to keep a record of all applications
for building and zoning permits and certificates of occupancy, with
a notation of any conditions that may have been imposed under the
provisions of this chapter. He shall file and safely keep a record
of every identifiable complaint of a violation of any of the provisions
of this chapter and of the action taken in consequence of each such
complaint. All such records and plans shall form a part of the records
of his office and shall be available for the use of the Mayor and
Council and of other official agencies and officials of the Borough.
[Added by Ord. No. 1050; amended 11-21-2022 by Ord. No. 1613]
A. The Building Inspector shall not issue a certificate of occupancy
for any building, structure or unit which does not conform to the
state construction codes and provisions of this chapter.
B. Such certificate of occupancy shall be either granted or denied by
the Building Inspector within 15 days after the application is made.
In case the Building Inspector shall decline to issue a certificate
of occupancy, his reason for so doing shall be stated on the copies
of the application, and one copy thereof shall be returned to the
applicant.
C. All buildings and structures require the same certificate of occupancy
as those granted in the case of other structures under the provisions
of this chapter.
D. In the event that any business, commercial building, residential
unit or other structure has been sold or rerented for any purpose,
the Building Inspector shall have the privilege and responsibility,
with consent of the tenant in possession or of the owner of said building
or structure or the duly authorized agent of the owner, to inspect
said building, structure or residential unit to be rented or sold
to determine whether any violations exist within the purview of the
construction codes of the State of New Jersey and the ordinances duly
adopted by the Borough of Dumont.
E. In the event that any business, building, structure or residential
unit is to be sold or rerented, the owner or seller of said building,
structure or residential unit to be sold or rerented shall, where
possible, notify the Building Inspector of said proposed sale or rental
30 days prior to execution of either the sale or rental. Notice shall
be made, in writing, to the Building Inspector.
F. New Jersey's Lead-Based Paint Inspection Law, promulgated by
N.J.S.A. 52:27D-437.20a, N.J.A.C. 5:28A and P.L. 2021, c. 182, require all municipalities within the state to arrange
for lead paint testing in all residential rental housing within two
years of July 22, 2022, and subsequent inspections, as set forth in
the law, every three years with exceptions as follows:
(1) Dwellings constructed during or after 1978.
(2) Dwellings certified to be free of lead-based paint in accordance
with regulations under the New Jersey Administrative Code at N.J.A.C.
5:17-3.6(b).
(3) Dwellings with a valid lead-safe certification issued pursuant to
the law, which is valid for two years.
(4) One- and two-family dwellings rented for less than six months which
do not have consecutive lease renewals.
(5) A multiple dwelling which has been registered with the Department
of Community Affairs for at least 10 years with no outstanding lead
violations from the most recently cyclical inspection performed on
the multiple dwelling under the Hotel and Multiple Dwelling Law.
G. Within two years of July 22, 2022, or upon tenant turnover (whichever
is sooner), every owner of residential rental property within the
Borough shall apply for an inspection by a municipal inspector or,
alternatively, directly hire a qualified lead evaluation contractor
to perform the inspection required by law and provide a certificate
confirming the lack of a lead hazard.
H. The fee for the municipal visual inspection shall be $100 and shall
be accompanied by an additional $20 fee in a separate check (or cash)
to be collected by the Borough and deposited into the Lead Hazard
Control Assistance Fund in accordance with the law. The $20 fee to
deposited into the Lead Hazard Control Assistance Fund shall be collected
prior to the issuance of a certificate of occupancy for a property
owner who has hired a qualified lead evaluation contractor. If lead-based
paint hazards are found during the course of a visual inspection,
the owner of a dwelling may request a dust wipe inspection to confirm
or refute the presence of lead-based paint. The fee for such inspection
by the Borough shall be $250 plus the cost of laboratory testing.
Alternatively, the owner of the dwelling can hire a qualified lead
evaluation contractor to confirm or refute the presence of lead-based
paint.
I. In the event a lead hazard is discovered during inspection, no certificate
of occupancy shall be issued until such condition has been abated
and confirmed following reinspection. If a lead hazard is discovered
in a structure with two or three housing units, all of the units shall
be promptly inspected (and Borough fee and lead hazard control fee
paid) as set forth in N.J.A.C. 5:28A-1.1 et seq. The reinspection
fee shall be $250 plus the actual cost of laboratory testing and shall
be conducted through dust wipe sampling as required by the New Jersey
Administrative Code. Alternatively, the owner of the dwelling can
hire a qualified lead evaluation contractor to confirm or refute the
presence of lead-based paint.
J. Remediation of any lead hazard found is required either through abatement
or interim controls as set forth in N.J.A.C. 5:28A-2.5 et seq.
K. The Building Department shall maintain a record of all dwellings
in the Borough subject to the Lead Paint Inspection Law, which shall
include up-to-date information on inspection schedules, inspection
results and tenant turnover. The Building Department shall also maintain
a record of all lead-safe certifications issued pursuant to N.J.A.C.
5:17.
L. Any lead evaluation contractor who performs an inspection within
the Borough shall provide to the Building Department a copy of any
lead-safe certifications issued or report of lead hazard.
M. Failure to remediate a lead hazard within 30 days of notice and demand
from the Building Department shall result in the imposition of a penalty
not to exceed $1,000 per week and shall be enforced pursuant to the
provisions of the New Jersey Administrative Code.
N. Definitions. The definitions set forth in the New Jersey Administrative
Code at N.J.A.C. 5:28A-1.2 are adopted herein.