For the purposes of this chapter, the following
words shall have the following definitions:
BUILDING
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, intuitional,
assembly, educational or recreational purposes, including but not
limited to modular homes. 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.
[Amended 2-11-2020 by Ord. No. 2020-03]
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
TOWNSHIP
The Township of Stafford, County of Ocean, State of New Jersey.
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.
[Amended 11-11-1986 by Ord. No. 86-54; 2-11-2020 by Ord. No. 2020-03]
A person seeking issuance of a permit hereunder
shall file an application for such permit with the Zoning Officer.
A. 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.
B. 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 and block number if located in the
Township.
(3) 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.
(4) The portion of the lot to be occupied by the building
when moved.
(5) The proposed moving date and hour.
(6) Complete names and addresses of all persons involved
in such moving, which shall include the contractor moving the structure,
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.
(7) Any additional information which the Zoning Officer
shall find necessary to a fair determination of whether a permit should
issue.
(8) 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.
C. Accompanying papers.
(1) 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.
(2) 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.
(3) Disconnecting utilities. The applicant shall submit
evidence that all utility services, including water, gas, electricity
and sewer, have been disconnected.
(4) A footing
and foundation permit is required if the building is to be located
in Stafford Township.
(5) A plot
plan and grading plan showing the location of the new building.
(6) A letter
of estimated damage to Stafford Township property from the Department
of Public Works.
(7) A deposit
covering the amount of estimated damage as set forth in the letter
from the Department of Public Works.
(8) A map
of designated streets on which the building will travel with approvals
from the Chief of Police, Fire Chief, Superintendent of Public Works,
Chief of EMS and Township Administrator.
(9) State,
county and Township road permits.
(10) Proof
of payment of all fees for construction permits payable to Stafford
Township.
D. Fees. The application shall be accompanied by a permit
fee in the amount of $1,000. A standby fee in the amount of $2,500
shall be required and payable to the Stafford Township Volunteer Fire
Company. A standby fee in the amount of $2,500 shall be required and
payable to the Stafford Township EMS Department.
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.
[Amended 2-11-2020 by Ord. No. 2020-03]
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 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.
[Amended 2-3-1987 by Ord. No. 87-09; 2-11-2020 by Ord. No. 2020-03]
Every permittee under this chapter shall:
A. Use designated streets. Move a building only over
streets designated for such use in the written permit.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. All buildings which are moved within the Township of Stafford or to the Township of Stafford shall be placed upon a permanent foundation within six months of the date of the issuance of the permit for the moving of said building under §
72-2.
I. A foundation
as-built and final as-built will be required to be submitted prior
to the issuance of a certificate of occupancy if the building is to
be located within the Township.
J. The permittee
must obtain a certificate of occupancy within one year of the date
of the permit if the building is to be located within the Township.
K. Ensure access
of one lane or for one fire truck to gain access to and from the location
of the move.
L. Notify all
property owners along the permitted route within the Township by certified
mail two weeks prior to the move. The Tax Assessor will provide the
notification list of all property owners to be noticed. The notification
letter shall provide the date, time, estimated time of move, anticipated
loss of utility services during the move, and contact information
of the person responsible for the move.
[Amended 2-21-1989 by Ord. No. 89-22]
A. 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.
B. 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]
A. Permit required.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10)
No work shall be permitted between June 15 and September 15.
B. 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:
(1) 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.
(2) 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.
(3) 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.
(4) All traffic controls utilized around the structure shall comply with
the requirements of the Manual on Uniform Traffic Control Devices.
(5) 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.
(6) Traffic cones shall be a minimum of 28 inches in height and shall
contain reflective taping for nighttime visibility.
(7) Traffic cones shall not be placed more than three feet from the outermost
portion of the structure and shall not be spaced greater than five
feet apart as illustrated in the attached diagram.
(8) 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.
(9) 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.
C. 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.
D. 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.