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.
A. 
Zoning permit required. No structure shall hereafter be erected, nor land used, nor change made in the use of any land or structure, nor sign painted on any structure, unless the owner, his agent or contractor shall first obtain a zoning permit from the Construction Official of the Borough of Dumont.
B. 
Filing of plans.
(1) 
All applications for zoning permits shall be made on forms provided by the Zoning Officer. It shall be accompanied by four copies of plans drawn to scale, showing the locations, shape and dimensions of the lot to be built upon, the location and dimensions, including height, of existing and proposed structures, the existing and intended use of each building or part thereof, including the number of families, if any, intended to be accommodated, and the use of all outdoor areas. Where site plan approval or review is required by this chapter, 12 copies of said site plan shall be submitted with the application.
(2) 
The Zoning Officer shall indicate his approval or disapproval of the application on the application and plans, attesting to the same with his signature. One copy shall be returned to the applicant and three copies retained by the Zoning Officer. If the Zoning Officer refuses to issue a permit hereunder, he shall state in writing the grounds of his refusal.
(3) 
The Joint Land Use Board shall require, as a condition for any approval subject to its jurisdiction, that no taxes or assessments for local improvements are due or delinquent on the property for which the application is made.
C. 
Lapse of permit. Unless a certificate of occupancy is issued for the structure covered by the zoning permit within one year from the date of the issuance of said permit, the permit shall automatically lapse. Application may, however, be made for the renewal of the permit for an additional period of 90 days, only, however, with the approval of the Mayor and Council.
[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,[1] 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.[2]
[2]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.16 et seq.
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.