Town of Millville, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Millville 6-12-2007 by Ord. No. 07-02. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 48.
Dangerous buildings — See Ch. 54.
Subdivision of land — See Ch. 125.
Zoning — See Ch. 155.

§ 58-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
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.

§ 58-2 Permit required.

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:
(1) 
Unless the building is less than 12 feet by 20 feet at the base and less than 15 feet in height; and
(2) 
Unless the person has first obtained a permit from 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.

§ 58-3 Application for permit.

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.

§ 58-4 Permit fee; deposit, bond or insurance.

A. 
Permit fee. The application shall be accompanied by a permit fee in the amount as set by the Town Council of Millville by resolution from time to time.[1]
[1]
Editor's Note: The current fee schedule is on file in the Town Hall.
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.

§ 58-5 Inspection; standards for permit issuance.

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.

§ 58-6 Disposition of fees and deposits.

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.

§ 58-7 Designation of streets for removal.

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.

§ 58-8 Duties of permittee.

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.

§ 58-9 Enforcement; liability; violations and penalties.

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.
D. 
Any person, persons, partnerships, corporations, or other entity who shall in any way violate the provisions of this chapter shall, upon conviction thereof, forfeit and pay to the Town of Millville a fine not exceeding the sum of $1,000 for each and every offense, together with the costs of prosecution. Each day or part of the day a violation continues shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).