[HISTORY: Adopted by the Township Council of the Township of Stafford 9-10-1985 by Ord. No. 85-77. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Temporary No Parking Diagram
Building inspection — See Ch. 12.
Building construction — See Ch. 70.
Unfit buildings — See Ch. 76.
Certificates of occupancy — See Ch. 81.
For the purposes of this chapter, the following words shall have the following definitions:
- 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, and its height does not interfere with existing overhead power lines, but in no case exceeds eight feet, and its weight is not greater than 2,500 pounds.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Township of Stafford, County of Ocean, State of New Jersey.
- ZONING OFFICER
- The Zoning Officer for the Township of Stafford.
No person shall move any building over, along or across any highway, street or alley in the Township of Stafford without first obtaining a permit from the Zoning Officer, in addition to any permits required by the Ocean County Road Department and the New Jersey Department of Transportation.
[Added 8-11-2015 by Ord. No. 2015-13]
Property owners in the Township of Stafford may be granted a permit to temporarily relocate their building on a public Township-owned and/or -managed street subject to the requirements in § 72-10.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Zoning Officer.
Form. The application shall be made in writing upon forms provided by the Zoning Officer and shall be filed in the office of the Zoning Officer.
Contents. The application shall set forth:
A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior.
A legal description of the lot from which the building is to be moved, giving the lot and block number if located in the Township.
A legal description of the lot to which it is proposed such building be removed, giving the lot and block number if located in the township.
The portion of the lot to be occupied by the building when moved.
The proposed moving date and hour.
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 Township of Stafford.
Any additional information which the Zoning Officer shall find necessary to a fair determination of whether a permit should issue.
An indication of issuance of all permits for utilities and shall provide evidence that utilities are on the site to which the building is being moved.
[Added 11-11-1986 by Ord. No. 86-54]
Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that all taxes and any Township charges against the same are paid in full.
Certificate of ownership and 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.
Disconnecting utilities. The applicant shall submit evidence that all utility services, including water, gas, electricity and sewer, have been disconnected.
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 Zoning Officer to procure from the Township Department of Public Works 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 Township or any other property of the Township, 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 materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Zoning Officer shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense.
An application hereunder shall be accompanied by an insurance policy issued by an insurance company authorized to do business in the State of New Jersey, and in form approved by the Township 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 Township of Stafford as a coinsured along with the applicant and provide indemnification of the Township 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 Township.
Fees and deposits.
Deposit. The Zoning Officer shall deposit all fees and deposits with the Township Treasurer.
Return upon allowance for expense. After the building has been removed, the Zoning Officer shall furnish the Mayor and Council 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. The Mayor and Council shall authorize the Zoning Officer to return to the applicant all deposits after the Township Treasurer deducts the sum sufficient to pay for all 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.
Designate streets for removal. The Zoning Officer shall procure from the Township Department of Public Works a list of designated streets over which the building may be moved. The Zoning Officer 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 Township Department of Public Works, the Chief of Police and the Fire Chief shall act to assure maximum safety to persons and property in the Township and to minimize congestion and traffic hazards on public streets.
Trees and damage to the Township. Upon completion of the application to the Zoning Officer, he will, with the Superintendent of Public Works 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 Zoning Officer, 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 Township Council of the Township of Stafford 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.
The Zoning Officer shall determine that the placement site is complete and ready for human habitation within one year from the date of the issuance of the permit.
[Added 11-11-1986 by Ord. No. 86-54]
Every permittee under this chapter shall:
Use designated streets. Move a building only over streets designated for such use in the written permit.
Notification of revised moving time. Notify the Zoning Officer in writing of a desired change in moving date and hours as proposed in the application.
Notification of damage. Notify the Zoning Officer in writing of any and all damage done to property belonging to the Township, within 24 hours after the damage or injury has occurred.
Display lights. Cause red lights to be displayed 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 shall 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; and, before a building shall be permitted to stand on any street, approval of the location shall be secured from the Chiefs of the Police and Fire Departments of the Township. However, no building shall remain on any street in the Township of Stafford 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 Township 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.
Street occupancy period. Remove the building from the Township streets after two days of such occupancy, unless an extension is granted by the Township Council.
Compliance with governing law. Comply with the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Township, provided that the building relocated must, within one year, be made to comply with all current BOCA regulations and requirements as if such relocated building were a new structure.
[Amended 2-3-1987 by Ord. No. 87-09]
Clearing 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, provided, however, before the excavation is filled, the cellar bottom shall be removed, and all cesspools, septic tanks and cisterns shall be properly filled.
Enforcing officers. The Zoning Officer and the Police Department shall enforce and carry out all the requirements of this chapter.
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.
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 permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the cash deposit.
[Amended 2-21-1989 by Ord. No. 89-22]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Added 8-11-2015 by Ord. No. 2015-13]
Permits shall only be issued to a property owner in the Township of Stafford who is proposing to elevate or relocate a building on the same lot and is utilizing the public roadway temporarily in order to prepare the building's new foundation.
Formal application, on a form provided by the Township of Stafford, shall be made to the Community Development Department/Zoning Officer of the Township at least 15 business days prior to the contractor desiring to commence work to relocate the building.
The application must be approved by the Zoning Officer, Police Traffic Safety Officer and Construction Code Official. Applications may be rescinded if the safety of the public cannot be adequately maintained as determined solely by Township officials.
Any permit issued by the Township shall provide that the permittee will have a maximum use of the roadway for location of the building for no more than 10 calendar days, weather permitting.
The permit may be extended if inclement weather delays the efforts of the contractors engaged to elevate or relocate the building for any period during the ten-day period. The permit will be extended upon written notice to the Zoning Officer. The extension shall only be for a period of time equal to the work time lost due to inclement weather.
If, due to unforeseen circumstances beyond the control of the owner of the building or the contractor elevating and/or relocating the building, the project is delayed beyond the initial ten-day permit period, the Zoning Officer may, upon application of the permittee, extend the ten-day period for a reasonable time if the Zoning Officer determines the unforeseen circumstances justify such an extension.
Any permit issued shall provide that the owner must maintain a minimum of 15 feet of unobstructed roadway for safe passage of vehicular traffic and emergency vehicles.
Prior to the issuance of any permit under this chapter, the owner of the property or his/her agent shall post a cash bond or letter of credit in the amount of $5,000 with the Township of Stafford to ensure the minimum passable roadway of 15 feet is maintained, proper safety requirements are in place, and appropriate repairs are made at the completion of the project.
Any work to relocate the building to or from the public roadway shall take place between the hours of 7:00 a.m. to 6:00 p.m. on weekdays and between the hours of 9:00 a.m. to 6:00 p.m. on weekends and holidays.
No work shall be permitted between June 15 and September 15.
Duties of permittee. Once a permittee has received a permit to temporarily relocate a structure to a public roadway, the permittee shall ensure that the following safety requirements are put into place immediately once the structure is relocated:
Notice to adjoining property owners, as well as owners of properties impacted by the no-parking restriction, must be sent by the applicant at least five days prior to the relocation, with copies provided to the Zoning Officer.
The day the structure is being relocated into the public roadway, the permittee or his/her agent shall notify the Zoning Officer so that appropriate notifications can be made to the Township Police Department Traffic Safety Unit and Fire, EMS and Public Works.
A minimum of 15 feet of passable roadway shall be maintained at all times. The fifteen-foot clearance is measured from the edge of the traffic cones that are required to be placed three feet off the edge of the structure to the opposite side of the street as illustrated in the attached diagram.
Editor's Note: Said diagram is included as an attachment to this chapter.
All traffic controls utilized around the structure shall comply with the requirements of the Manual on Uniform Traffic Control Devices.
Traffic cones shall utilize a safety taper consisting of no less than six cones on both sides of the structure. The safety taper shall not be greater than 40 feet in length nor less than 10 feet in length depending on roadway occupancy.
Traffic cones shall be a minimum of 28 inches in height and shall contain reflective taping for nighttime visibility.
Temporary no-parking signs shall be placed across from the structure so as to maintain a minimum travel roadway of 15 feet. Sign placement shall be as illustrated in the attached diagram.
Fencing must be placed around the structure and secured so as not to create an attractive nuisance and to prevent access to the underside of the structure. Orange plastic contractor fencing is suggested for this purpose.
Failure to obtain a permit provided for in Subsection A above or allowing a structure to occupy a public street for more than the time period permitted above shall be punishable by a fine not exceeding $2,000 or a jail term not to exceed 90 days, or both.
Each day or portion thereof that a structure occupies a portion of a public roadway without first having obtained a permit or beyond the period specified in the permit shall constitute a separate offense, and upon conviction of any such separate summons, the penalties imposed pursuant to Subsection C above shall, in the discretion of the court, be imposed.