[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Editor's Note: This ordinance repealed former Ch. 221, Buildings,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.
A.
BUILDING
BUILDING INSPECTOR
PERSON
TOWNSHIP
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
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.
The Building Inspector of the Township of Toms River or his
designated agent.
Any person, firm, partnership, association, corporation,
company, entity or organization of any kind.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
