[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-1971. Amendments
noted where applicable.]
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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.
The Borough of Wanaque, County of Passaic, State of New Jersey.
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: a structure
which is less than eight feet wide in any side horizontal dimension,
whose height does not interfere with existing overhead power lines
but in no ease exceeds eight feet, and whose weight is not greater
than 2,500 pounds.
The Building Inspector of the Borough of Wanaque.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
No person shall move any building over, along
or across any highway, street or alley in the borough without first
obtaining a permit from the Building Inspector.
A person seeking issuance of a permit hereunder
shall file an application for such permit with the Building Inspector.
A.
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.
B.
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 and block number if located in the
borough.
(3)
A legal description of the lot to which it is proposed
such building be removed, giving lot and block number if located in
the borough.
(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 hour.
(7)
Complete names and addresses of all persons involved
in such moving and a complete list of all telephone numbers where
all such persons can be contacted 24 hours of the day for the entire
period of the moving in the Borough of Wanaque.
(8)
Any additional information which the Building Inspector
shall find necessary to make a fair determination of whether a permit
should issue.
C.
Accompanying papers.
(1)
Tax certificate. The owner of the building to be moved
shall file with the application sufficient evidence that all taxes
and any borough charges against the same are paid in full.
(2)
Certificate of ownership or entitlement. The applicant,
if other than the owner, shall file with the application a written
statement or bill of sale signed by the owner, or other sufficient
evidence that he is entitled to move the building.
(3)
Disconnecting utilities. The applicant shall submit
evidence that all utility services, including water, gas, electricity
and sewer, have been disconnected.
D.
Fee. The application shall be accompanied by a permit
fee, in the amount of $100.
Upon receipt of an application, it shall be
the duty of the Building Inspector to procure from the Borough Engineer
an estimate of the expense that will be incurred in removing and replacing
any electric wires, street lamps, sewer lines or pole lines belonging
to the borough or any other property of the borough, the removal and
replacement of which will be required by reason of the moving of the
building through the borough, together with the cost of materials
necessary 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 twice the amount
of the estimated expense.
An application hereunder shall be accompanied
by the following:
A.
Cash deposit. A cash deposit or surety bond approved
by the Borough Attorney in the sum of $2,500 as an indemnity for any
damage which the borough may sustain by reason of damage or injury
to any highway, street or alley, sidewalk, fire hydrant or other property
of the borough, which may be caused by or be incidental to the removal
of any building over, along or across any street in the borough, and
to cover any cost and expense incurred by the borough in connection
with the moving of the building in question.
B.
Insurance policy. An insurance policy issued by an
insurance company authorized to do business in the State of New Jersey,
and in form approved by the Borough Attorney, providing personal and
property liability coverage in the respective amounts of $500,000
per accident and $300,000 per person and $50,000 per accident on property.
Said policy shall name the Borough of Wanaque as a co-insured along
with the applicant and shall provide indemnification of the borough
against any claim, alleged or otherwise, of damages to persons or
private property arising out of, caused by or incidental to the moving
of any building over, across or along any street of the borough.
A.
Fees and deposits.
(1)
Deposit. The Building Inspector shall deposit all
fees and deposits with Borough Treasurer.
(2)
Return upon allowance for expense. After the building
has been removed, the Building Inspector shall furnish the Mayor with
a written statement of all expenses incurred in removing and replacing
all property belonging to the borough 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
borough. The Mayor shall authorize the Building Inspector to return
to the applicant all deposits after the Borough Treasurer deducts
the sum sufficient to pay for all of the costs and expenses and for
all damage done to property of the borough by reason of the removal
of the building. Permit fees deposited with the application shall
not be returned.
B.
Designate streets for removal. The Building Inspector
shall procure from the Borough Engineer a list of designated streets
over which the building may be moved. The Building Inspector shall
have the list approved by the Chief of Police and Fire Chief and shall
reproduce the list upon the permit in writing. In making their determinations,
the Borough Engineer, the Chief of Police and Fire Chief shall act
to assure maximum safety to persons and property in the borough and
to minimize congestion and traffic hazards on public streets.
C.
Trees and damage to the borough. Upon completion of
the application to the Building Inspector, he shall, with the Road
Supervisor and a qualified tree surgeon, inspect the route as designated
to ascertain the extent of the damage, if any, to the trees or any
other public damage to, property along said route, and if the Building
Inspector in his discretion finds that there will be or could be an
excessive or undue amount of damage, he is hereby empowered, to deny
the application. The applicant may then take the matter to the Mayor
and Council of the Borough of Wanaque for further consideration. If
there are parts of a tree to be removed or any damage occurs to any
tree, then the removal must be done by a qualified tree surgeon, and
any damage must be corrected and properly treated by a qualified tree
surgeon. The cost of said tree surgeon for the inspection, removal
and treatment must be paid for by the applicant.
Every permittee under this chapter shall:
A.
Use designated streets. Move a building only over
streets designated for such use in the written permit.
B.
Notify of revised moving time. Notify the Building
Inspector in writing of a desired change in moving date and hours
as proposed in the application.
C.
Notify of damage. Notify the Building Inspector in
writing of any and all damage done to property belonging to the borough
within 24 hours after the damage or injury has occurred.
D.
Display lights. Cause red lights to be displayed during
the nighttime on every side of the building, while standing 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
the removal of the building and, before a building shall be permitted
to stand on any street, approval of location shall be secured from
the Chiefs of Police and Fire Departments of the borough. However,
no building shall remain on any street in the Borough of Wanaque unless
and until it has the specific approval to so remain by the Chief of
Police and Fire Chief, and the applicant must be notified and receive
the approval by said Chiefs on or before 2:00 p.m. of the night on
which the applicant is going to leave the building standing on the
street. Should permission not be granted in writing from said Chiefs
and the applicant does leave said building on the streets, then the
borough shall have the right to immediately take the necessary steps
to remove the building, and all costs, charges and fees incurred thereby
shall be chargeable to the applicant.
E.
Street occupancy period. Remove the building from
the borough streets after two days of such occupancy, unless an extension
is granted by the Mayor and Council.
G.
Pay expense of officer. Pay the expense of a traffic
officer ordered by the Building Inspector 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 promises are left in a safe and sanitary condition;
provided, however, that before the excavation is filled, the cellar
bottom shall be removed and all cesspools, septic tanks and cisterns
shall be properly filled.
A.
Enforcing officers. The Building Inspector and the
Police Department 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 Borough Attorney shall prosecute an
action against the permittee in a court of competent jurisdiction
for the recovering of such excessive amounts.
C.
Original premises left unsafe. The borough shall proceed
to do the work necessary to leaving 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 cash deposit.
Any person violating any of the provisions of
this chapter shall, upon conviction, be subject to either imprisonment
in the county jail for any term not exceeding 90 days or to a fine
not exceeding $500, or both. Each and every day that such a violation
exists shall be deemed to be a separate violation of this chapter.
