Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union 6-28-1966 by Ord. No. 2332 (Ch. 116 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 237.
Fire prevention — See Ch. 285.
Property maintenance — See Ch. 406.

§ 203-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes public and private corporations, co-partnerships, firms and individuals.
STREET
A highway or thoroughfare dedicated or devoted to public use and includes avenues, roads, alleys, lanes, terraces, concourses, driveways and sidewalks.

§ 203-2 Written permit required.

It shall be unlawful for any person to move or to demolish, or to commence to move or demolish, or cause to be moved or demolished, any house, dwelling, residence building or business building, as hereinafter defined into, upon, over or through the streets, or other public ways and lands in the Township of Union in the County of Union, without first having obtained a written permit so to do in the manner hereinafter prescribed.

§ 203-3 Applications.

[Amended 10-24-1978 by Ord. No. 3338A]
A. 
Application for said permit shall be made in writing to the Construction Code Official upon forms supplied by the Township of Union in the County of Union and obtainable at the office of the Construction Code Official.
B. 
The application shall be signed by the owner of the house, dwelling, residence building or business building to be moved or demolished and the person to be entrusted with the moving or demolition of the same.
C. 
No application shall be considered unless the information requested in the form shall have been fully answered and approved by the Township Engineer.

§ 203-4 Filing of completed applications.

[Amended 10-24-1978 by Ord. No. 3338A]
When completed, the application shall be filed in the office of the Construction Code Official and shall have attached to it the following addenda:
A. 
Whether or not the application is for removal or demolition.
B. 
The permit fee in the sum hereinafter provided by cash or certified check.
C. 
A route map indicating the specific streets and exact route suggested to be used and followed during such moving.
D. 
The written consent of the proper county or state authorities in the event such routes shall include a county or state highway.
E. 
The consent in writing of any public utility, as that term is defined by N.J.S.A. 48:1-1 et seq., to make any necessary change in the facilities of said public utility in the event the properties or facilities of said utilities are to be disturbed or affected in any manner by the demolition or moving of said house, dwelling, residence building or business building.
F. 
Certification from the Tax Collector that all taxes and municipal liens have been paid for the full year in which the permit is issued and for all prior years.
G. 
Plans and specifications of the building as it will be upon the completion of the moving.
H. 
The proposed demolition or moving date and the hours during which the same shall take place.
I. 
Sufficient proof of the applicant's right to move the same which may be in the form of a permit from or contract with the owner, or the applicant's deed and sufficient proof of the applicant's right to place the same upon the property to which the same is to be moved.

§ 203-5 Review of application.

[Amended 10-24-1978 by Ord. No. 3338A[1]]
When the application shall have been filed with the addenda hereinbefore specified, the Construction Code Official shall notify the Superintendent of Public Works, the Health Officer, the Fire Prevention Bureau, the Township Engineer and the Chief of the Police Department that such an application has been filed and requesting each of the foregoing to immediately cause an inspection to be made of such house, dwelling, residence building or business building and the street route and proposed site, and to report in writing within 10 days to the Construction Code Official of any objection to demolition or moving by reason of sewer and house connection to the water and sewer mains, interference with shade trees, streets, traffic and any public or private property along the route, and whether it is deemed safe to use the proposed route, and if not, to suggest a better and safer route, and to advise the approximate work which is necessary in clearing or otherwise preparing said route by the removal or trimming of trees, as well as any other necessary work to permit such removal, together with the estimated cost and charge to be made for such work and the repair of said items upon the removal of the house, dwelling, residence building or business building.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 203-6 Fees.

A. 
For a permit for the removal of a building or structure from one lot to another, the fee shall be $150.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be $150.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
For a permit for the demolition of a building, the fee shall be as set forth in Chapter 237, Construction Codes, Uniform.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The fee is imposed to defray the cost of inspections and regulations and for no other purpose. Such fee shall be returned to the applicant in the event that the permit is not granted.

§ 203-7 Conditions of issuance of permit.

[Amended 10-24-1978 by Ord. No. 3338A]
If the application has been completed and filed, together with the items specified in § 203-4 hereof, and there are no objections to the granting of the moving or demolition permit by the Township Engineer, or any of the municipal departments mentioned in § 203-5 hereof, the Construction Code Official shall notify the applicant that a permit will be issued, provided that the applicant shall file with the Construction Code Official:
A. 
An agreement in writing to be signed by the owner and house mover or demolisher whereby, in consideration of the issuance of the permit, they will cooperate with and abide by such directives as may be issued by the Township Engineer and all appropriate department supervisors of the Township of Union in the County of Union with regard to such moving or demolition operations.
B. 
A surety bond of a corporation authorized to do business in the State of New Jersey in the principal sum of $10,000, the form thereof to be approved by the Township Attorney conditioned upon notifying the Township Engineer 48 hours in advance of the time of the commencement of the removal or demolition of the house, dwelling, residence building or business building and to diligently complete the operation within seven working days thereafter and, in the meantime, not to neglect or abandon the project; and in the event of failure to complete such operation within such period of time, the bond shall stipulate that the holder of the permit shall forfeit to the Township of Union in the County of Union the sum of $100 per day for each day, or part of any day, such period of time is exceeded, such sum is declared to be the reasonable cost of supervision and inspection while such house, dwelling, residence building or business building shall remain in the public streets of the Township of Union in the County of Union; and to reimburse the Township of Union in the County of Union for any expense which might be incurred to repair damage suffered to public property by reason of such moving; and specifically to indemnify and save harmless the Township of Union and in the County of Union, its agents, servants and employees against every loss, expense, damage and liability by reason of granting such permit and such demolition or moving operation. Case in lieu of said bond will be acceptable.
C. 
Certificates or policies of insurance for vehicles and apparatus used in the operation in the name of the owner and house mover or demolisher with limits of at least $50,000/$100,000 for personal injury and $50,000 for property damages, with contingent public liability coverage with the same limits in favor of the Township of Union in the County of Union, either by endorsement to the existing policies, or by separate policies; which said endorsements or separate policies shall remain in full force and effect during the demolition or moving operation.
D. 
A deposit by cash or certified check representing the estimated cost to the Township of Union in the County of Union for the work referred to in § 203-8 hereof, which sum shall be applied on account of the actual cost of said work and the applicant agreeing in writing that he will pay any excess should the actual cost be more than the estimated cost, and the Township of Union in the County of Union shall refund any difference should the actual cost be less than the estimated cost.

§ 203-8 Denial of permit application; appeal.

[Amended 10-24-1978 by Ord. No. 3338A]
If such permit is denied by the Construction Code Official, the applicant may file his application, with supporting addenda, with the Township Committee for consideration by it which may, in its discretion, reverse the action of the Construction Code Official and authorize said Clerk to issue said permit.

§ 203-9 Obstruction by moving apparatus.

Said house, dwelling, residence building or business building and the apparatus used in moving the same shall not unreasonably obstruct or remain stationary nearer than 50 feet to any fire hydrant within the Township of Union in the County of Union.

§ 203-10 Cutting and trimming trees.

[Amended 10-28-1986 by Ord. No. 3879]
The cutting, trimming or removal of any tree shall be done only under the direction of the Department of Public Works, which shall determine the extent to which cutting, trimming or removal of trees is necessary.

§ 203-11 Adequate warning devices.

During the hours between sunset and sunrise, every building and the apparatus used to move the same shall be adequately guarded by red lights or flares so located as to give sufficient and timely warning to persons upon the highway of the presence of such building and apparatus. Such protection shall be the responsibility of the house mover and owner jointly, who shall comply with the provisions of Title 39 of N.J.S.A., so far as the same may be applicable.

§ 203-12 Disturbing pavements, curbs or other property.

No road bed, pavement, curbing, tree or public property shall be disturbed by or during such house moving, except by employees of the Township of Union or of any public utility, county or state as the case may be.

§ 203-13 Relocation restrictions.

No house, dwelling, residential building or business building shall be moved to a site where such house, dwelling, residence building or business building, if put in place on the new site, would be in violation of Chapter 170, Land Development, or of the Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 237, Construction Codes, Uniform.

§ 203-14 Compliance with Township regulations.

The applicant shall comply with all pertinent municipal regulations, including those of the Board of Health[1] and of the Fire Prevention Bureau[2] and all county, state and federal regulations in connection with such demolition or moving.
[1]
Editor's Note: As to legislation of the Board of Health, see Part III of this Code, Board of Health Legislation.
[2]
Editor's Note: See Ch. 285, Fire Prevention.

§ 203-15 Sewers and other utility services.

All sewers shall be completely capped and all water shut off prior to the actual physical removal or demolition, and all gas, electric, telephone and other utilities shall likewise be removed prior to the actual physical removal or demolition.

§ 203-16 Excavations to be filled.

In the instance of demolition or removal, any excavation existing at the old site shall be filled within five days from the completion of demolition or removal from the old site, such fill shall be clean and free of wood or debris.

§ 203-17 Doors and windows to be boarded and secured.

The owner of any dwelling to be demolished or removed shall, during the period between the actual vacating thereof by the occupants and completion of removal and demolition, cause all windows and doors to be boarded and otherwise secured.

§ 203-18 Condition of premises after operation.

In the event that there are any other structures left on any premises after the main building has been demolished or removed, such other structures shall be likewise demolished or removed within 10 days after the completion of the demolition or removal of the main building from the old site and the excavations, if any, filled as hereinabove set forth. All lots upon which there has been demolition or removal shall be left in a clean and level condition.

§ 203-19 Notifying other residences in writing.

Prior to moving the building, the owner or mover must notify, in writing, all residents along all streets on the route that said street will be used for moving and the date thereof, such notice to be given personally or in the event of a resident not being at home, by the leaving of an appropriate notice.

§ 203-20 Removal of portions of structures; procedures.

Where a portion of a structure, such as an accessory building or porch or a private garage is to be removed for the purpose of demolition, renovation, repair or rebuilding, the following shall pertain:
A. 
The owner shall file an executed affidavit advising that no public utilities are involved.
B. 
In the instance of demolition, the debris resulting therefrom shall not be removed from the premises, except by being trucked away from said premises in a covered vehicle.
C. 
Approval of the Board of Health, Fire Prevention Bureau and Construction Code Official must be filed prior to the issuance of a permit.
D. 
Appropriate certificates of insurance as hereinabove set forth in this chapter shall be filed.
E. 
No formal application for a permit will be required under this section of this chapter; however, a permit fee of $5 shall be paid to the Township Clerk upon delivery of the permit.

§ 203-21 Violations and penalties.

[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998[1]]
Any person violating any of the provisions of this chapter shall, upon conviction therefore, before the Judge of the Township of Union in the County of Union, be punished by one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).