[HISTORY: Adopted by the Town Council of
the Town of Millville 6-12-2007 by Ord. No. 07-02. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A structure designed, built or occupied as a shelter or a
roofed enclosure for persons, animals or property and used for residential,
business, mercantile, storage, commercial, industrial, institutional,
assembly, educational or recreational purposes. The definition of
"building," as such is used in this chapter only, shall not include
prefabricated modular homes of new construction.
A.
No person shall move any building over, along or across
any highway, street or alley from a place outside of corporate limits
of the Town to a place within the corporate limits of the Town:
B.
No person shall move any building over, along or across
any highway, street or alley from a place within the corporate limits
of the Town to a place outside of the corporate limits of the Town,
regardless of the building's size, unless the person has first obtained
a permit from the Town.
C.
No buildings of any kind shall be moved from one place
within the corporate limits of the Town to another place within the
corporate limits of the Town. An exception hereto shall be provided
for the movement of buildings from one place to another upon a single
property owned by a single owner. An additional exception hereto shall
be provided for the movement of buildings which serve as construction
field offices for ongoing projects within the Town or for projects
within the Town under the charge of the same developer, builder or
owner. A permit shall be required for these exceptions.
A.
A person seeking issuance of a building moving permit
shall file an application for such permit with the Town.
B.
Form. The application shall be made in writing upon
forms provided by the Town and shall be filed in the Town Hall.
C.
Contents. The application shall set forth the following:
(1)
A description of the building proposed to be moved,
giving the street number, construction materials, dimensions, number
of rooms and the condition of the exterior and interior.
(2)
The address of the property within the corporate limits
of Town to/from which the building will be moved.
(3)
The address of the property outside the corporate
limits of Town to/from which the building will be moved.
(4)
The highways, streets and alleys over, along or across
which the building is proposed to be moved.
(5)
The proposed moving date and hours.
(6)
Time frame for the completion of the project.
(7)
Any additional information which the Town shall find
necessary to reach a fair determination of whether a permit should
be issued.
D.
Some or all of the following accompanying papers shall
be required:
(1)
Proof of ownership of the building.
(2)
Proof of ownership or right to occupy the property
to/from which the building is being moved.
(3)
Certification of structural integrity from a licensed
professional engineer stating that the structure is structurally capable
of being relocated.
(4)
In the event a building is being moved into the corporate
limits of the Town, a site plan indicating the location on the lot
to be occupied by the building when moved. The site plan shall include
setback and other requirements of that zoning district.
(5)
A copy of the building permit issued by the Town for
the foundation upon which the building will be set.
(6)
All applicable state structural relocation permits.
(7)
All applicable outside agency permits.
B.
General deposit. An application hereunder shall be
accompanied by a cash deposit or bond, in an amount as set by the
Town Council of Millville by resolution from time to time, as an indemnity
for any damage which the Town may sustain by reason of damage or injury
to any highway, street or alley, sidewalk, fire hydrant or other property
of the Town which may be caused by or be incidental to the removal
of any building over, along or across any street in the Town and to
indemnify the Town against any claim of damages to persons or private
property and to satisfy any claims by private individuals arising
out of, caused by or incidental to the moving of any building over,
along or across any street in the Town.
C.
Bond in
lieu of deposit. Any person filing an application hereunder may, in
lieu of the general cash deposit required above, file with the Town
a bond, approved as to form by the Town Attorney, executed by a bonding
or surety company authorized to do business in the State of Delaware,
in an amount as set by the Town Council of Millville by resolution
from time to time, conditioned upon the assurance that this chapter
and other applicable ordinances and laws will be complied with. Such
bond shall be used by the Town for the benefit of any person or persons
intended to be protected thereby and shall be conditioned on the payment
of any damage to public or private property and the payment for any
damages or losses resulting from any malfeasance, misfeasance or nonfeasance
or negligence in connection with any of the activities or conditions
upon which the permit applied for is granted.
A.
Inspection. The Town 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 Town shall refuse to issue
a permit based on the following:
(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 Town.
(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 Town.
(4)
The applicant's equipment is unsafe and that persons
and property would be endangered by its use.
(5)
Zoning or other ordinances would be violated by the
building in its new location.
(6)
For any other reason persons or property in the Town
would be endangered by the moving of the building.
A.
Deposit. The Town shall deposit all fees and deposits
and all bonds in to a Town-approved escrow account.
B.
Return upon nonissuance. Upon the Town's refusal to
issue a permit, if such is the case, the Town shall return to the
applicant all deposits, bonds and insurance policies. Permit fees
filed with the application shall not be returned.
The Town shall designate the streets over which
the building may be moved, and, in making its determination, the Town
shall act to assure maximum safety to persons and property in the
Town and to minimize congestion and traffic hazards on public streets.
Every permittee under this chapter shall:
A.
Move a building only over streets designated for such
use in the written permit.
B.
Notify the Town, in writing, of a desired change in
moving date and hours as proposed in the application.
C.
Notify the Town, in writing, of any and all damage
done to property belonging to the Town within 24 hours after the damage
or injury has occurred.
D.
Display red lights during the nighttime on every side
of the building, while standing on a street, in such a manner as to
warn the public of the obstruction and at all times erect and maintain
barricades across the streets in such a manner as to protect the public
from damage or injury by reason of the removal of the building.
E.
Remove the building from the Town streets after one
day of such occupancy, unless an extension is granted by the Town.
F.
Pay the expense of a traffic officer ordered by the
Town to accompany the movement of the building to protect the public
from injury.
G.
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.
H.
See that the sewer line is plugged with a concrete
stopper and that water is shut off and the water meter is returned
to the overseeing authority. The permittee shall notify the gas and
electric service companies to remove their services.
A.
Enforcing officers. The Town shall enforce and carry
out the requirements of this chapter.
B.
Liability for additional expenses. The permittee shall
be liable for any expenses, damages or costs in excess of deposited
amounts or securities, and the Town Attorney shall prosecute an action
against the permittee in a court of competent jurisdiction for the
recovery of such excessive amounts.
C.
Unsatisfactory restoration of original premises. The
Town 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 collected in the same manner as taxes.
