Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Buildings unfit for habitation or use — See Ch. 228.
Uniform construction codes — See Ch. 252.
Fire prevention and protection — See Ch. 308.
Streets and sidewalks — See Ch. 450.
Trees — See Ch. 471.
Vehicles and traffic — See Ch. 477.
Sewerage connections — See Ch. 572.
[1]
Editor's Note: This ordinance repealed former Ch. 221, Buildings, Moving of, adopted 11-27-1973 by Ord. No. 1378 as Ch. 65A of the 1973 Code, as amended.

§ 221-1 Definitions.

A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
BUILDING
A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure of the following dimensions shall not fall within this definition: one containing less than 200 square feet in floor area and less than 1,600 cubic feet in total interior size, provided that same does not contain any protuberances more than 24 inches in length extending past the exterior surfaces or that the total height of the structure and transporting vehicle does not exceed 13 feet above grade.
BUILDING INSPECTOR
The Building Inspector of the Township of Toms River or his designated agent.
PERSON
Any person, firm, partnership, association, corporation, company, entity or organization of any kind.
TOWNSHIP
The Township of Toms River.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

§ 221-2 Permit required.

No person shall move any building over, along or across any highway, street or alley in the Township without first obtaining a permit from the Building Inspector.

§ 221-3 Application for permit; fees; applicability of provisions.

A. 
A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
B. 
Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector.
C. 
Contents. The application shall set forth:
(1) 
A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior.
(2) 
A legal description of the lot from which the building is to be moved, giving the lot, block and tract name, if located in the Township.
(3) 
A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract name, if located in the Township.
(4) 
The portion of the lot to be occupied by the building when moved.
(5) 
The highways, streets and alleys over, along or across which the building is proposed to be moved.
(6) 
Proposed moving date and hours.
(7) 
Certification that equipment to be used is in safe and proper working condition and suitable for moving job.
(8) 
Any additional information which the Building Inspector shall find necessary for a fair determination of whether a permit should be issued.
D. 
Accompanying papers.
(1) 
Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any legal entanglements and that all taxes and any municipal charges against the same are paid in full.
(2) 
Certificate of ownership of entitlement. The applicant, if other than the owner, shall file with the application a written statement of bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building.
(3) 
Statement of expense. A statement of estimated expense from utility companies shall be filed as set forth in § 221-4 below.
E. 
Fee. The application shall be accompanied by a permit fee in the amount of $100 for each dwelling house and $50 for other structures. The fee provisions of this chapter shall only apply to the moving of buildings upon public streets or roads, and in all other cases the fees set forth in Ordinance No. 1167[1] shall apply.
[1]
Editor's Note: Ordinance No. 1167, adopted 5-25-1971 (previously Ch. 60 of the 1973 Code of the Township of Toms River), as amended, was repealed 12-22-1993 by Ord. No. 3018-93.
F. 
Buildings in transit. No owner or mover of a building shall be exempt from the requirements of this chapter because the building to be moved is not moved from or moved to a lot in the Township, and this chapter shall govern all moves upon Township streets or roads.

§ 221-4 Deposit for expenses; bond; insurance.

A. 
Upon receipt of an application, it shall be the duty of the Building Inspector, after consultation with other appropriate officials of the Township and public or private companies to be affected by the moving of the building of the applicant, and after receipt of a statement of estimated expense from utility companies to be furnished to the Building Inspector by the applicant, to prepare an estimate of the expense that will be incurred in removing and replacing any electric wires, streetlamps, signs, fixtures, traffic devices or other property belonging to the Township, other governmental entities or public utilities, the removal and replacement of which will be required by reason of the moving of the building through the Township, together with the cost of necessary materials to be used in making such removals and replacements. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense less any deposit placed with utilities directly by the applicant. This deposit shall serve as indemnity for any damage sustained by the Township, other governmental entity or public utility, caused by or incidental to the moving of any building upon any public street or road in the Township.
B. 
Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a bond, approved as to form by the Township Attorney and executed by a bonding or surety company authorized to do business in the State of New Jersey, in the amount of said deposit.
C. 
Insurance protection. Any person filing an application hereunder shall file with the Building Inspector a liability insurance policy issued by an insurance company authorized to do business in the State of New Jersey and approved as to form by the Township Attorney in the minimum amount of $100,000/$300,000/$100,000 to protect any and all members of the general public.

§ 221-5 Duties of Building Inspector.

A. 
Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met.
B. 
Standards for issuance. The Building Inspector shall refuse to issue a permit if he finds that:
(1) 
Any application requirement or any fee or deposit requirement has not been complied with.
(2) 
The building is too large to move without endangering persons or property in the Township.
(3) 
The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the Township.
(4) 
The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the Township.
(5) 
Upon visual inspection, the applicant's equipment is clearly unsafe, that persons and property would be endangered by its use and that the applicant is unwilling to certify that his equipment is in safe and proper working condition.
(6) 
Zoning or other ordinances would be violated by the building in its new location.
(7) 
For any other reason persons or property in the Township would be endangered by the moving of the building.
C. 
Fees and deposits.
(1) 
Deposit. The Building Inspector shall deposit all fees and cash deposits with the Township Department of Finance and all bonds or insurance policies with the Township Clerk.
(2) 
Return upon nonissuance. Upon his refusal to issue a permit, the Building Inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned but shall be retained on account of the cost of investigating and processing the application.
(3) 
Return upon allowance for expense. After the building has been removed, the Building Inspector shall furnish the Township Business Administrator with a written statement of all expenses incurred in removing and replacing all property belonging to the Township, and of all material used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the Township, other governmental entities or public utilities; provided, however, that if any wires, poles, lamps or other property are not located in conformity with all governing ordinances, the permittee shall not be liable for the cost of removing same. The Township Business Administrator shall authorize the Township Department of Finance to return to the applicant all deposits after the Township Department of Finance deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Township by reason of the removal of the building. Permit fees deposited with the application shall not be returned with regard to damages to property of other governmental entities or public utilities. The Township Business Administrator shall authorize the Township Department of Finance to turn over such part of the deposit as shall be required to compensate any such party for damages caused by the applicant, except that no part of the deposit shall be turned over to any utility which has received a deposit directly from the applicant.
D. 
Designate streets for removal. The Building Inspector shall procure from the Chief of Police approval of the route requested by the applicant or a list of designated streets over which the building may be moved. The Building Inspector shall have the route or list approved by the Superintendent of Public Works and shall reproduce the list, if different from the route requested in the application, in writing. In making their determinations, the Superintendent of Public Works and the Chief of Police shall act to assure maximum safety to persons and property in the Township and to minimize congestion and traffic hazards on public streets.

§ 221-6 Duties of permittee.

Every permittee under this chapter shall:
A. 
Use designated streets. Move a building only over streets designated for such use in the written permit or otherwise in writing.
B. 
Notify of revised moving time. Notify the Building Inspector in writing of a desired change in moving date and hours as contained in the permit, which change must be approved in writing before the change may be made.
C. 
Notify of damage. Notify the Building Inspector in writing of any and all damage done to property within 24 hours after the damage or injury has occurred.
D. 
Display lights. Cause amber lights to be displayed during the nighttime on every side of the building, while standing or moving on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of any temporary cessation of movement of the building.
E. 
Street occupancy period. Remove the building from the Township streets after one day of such occupancy, unless an extension is granted by the Building Inspector.
F. 
Comply with governing law. Comply with the Building Code, the fire laws and regulations, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Township.[1]
[1]
Editor's Note: See Ch. 252, Construction Codes, Uniform; Ch. 308, Fire Prevention and Protection; and Ch. 348, Land Use and Development Regulations.
G. 
Pay expense of officer. Pay the expense to the Township of a police officer and vehicle ordered by the Chief of Police as determined by the Chief of Police to accompany the movement of the building to protect the public from injury.
H. 
Clear old premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition.
I. 
Remove service connection. Have the sewer line plugged in accordance with the directions of the Toms River Sewerage Authority and have all utility services disconnected in proper manner so as to protect against any endangerment to the public safety and well-being from such utility services.

§ 221-7 Enforcement.

A. 
Enforcing officers. The Building Inspector, the Police Department and the Code Enforcement Officer shall enforce and carry out the requirements of this chapter.
B. 
Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the Township Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
C. 
Original premises left unsafe. The Township shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the deposit, if any.

§ 221-8 Violations and penalties.

Any person convicted of a violation of this chapter shall be fined not more than $1,000 or be imprisoned for a term of not more than 30 days, or both, such penalty to be in addition to any other remedy permitted by this chapter and by statute and not exclusive thereof.