[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 98-11 (Sec. 9-4 of the 1975 Code). Amendments noted where applicable.]
A.
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
BUILDING
BUILDING SUBCODE OFFICIAL
CHIEF OF POLICE
LAND USE OFFICIAL
PERSON
TOWNSHIP
For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings given herein:
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. Any structure having less than 100 square floor feet shall be exempt
from the provisions of this chapter.
The Building Subcode Official of the Township.
The Chief of the Lower Township Police Department.
The Planning Director of the Township.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Township of Lower.
No person shall move any building over, along or across any highway,
street, lot line, or alley in the Township without first obtaining a permit
from the Chief of Police and paying a fee of $250 upon the issuance of such
permit.
A person seeking approval to move any building onto any lands or premises
in the Township shall also file an application for a permit with the Land
Use Official.
A.
Form. The application shall be made in writing, upon
forms provided by the Land Use Official, and shall be filed in the office
of the Land Use Official.
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, block and tract number, if located in the
Township;
(3)
A legal description of the lot to which it is proposed
such building be removed, giving lot, block and tract number, if located in
the Township;
(4)
The portion of the lot to be occupied by the building
when moved;
(5)
The highways, streets and alleys over, along or across
which the building is proposed to be moved;
(6)
Proposed moving date and hours;
(7)
The name and address of the licensed house mover who
shall move the building who shall post security for damage;
(8)
Any additional information which the Land Use Official
shall find necessary to effectuate a determination of whether a permit shall
issue.
C.
Accompanying papers. The applicant shall also furnish
to the Land Use Official the following:
(1)
Tax certificate. The owner of the building to be moved
shall file with the application proof that all municipal taxes and assessments
encumbering the building, the lot from which the building is to be removed,
and the lot to which said building is to be moved have been paid in full current
to the date of moving.
(2)
Certificate of ownership or 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.
D.
Fee. The application shall be accompanied by an application
fee in the amount of $500.
E.
Escrow. The application shall be accompanied by a professional
engineering escrow fee in the amount of $500.
F.
Description of building. The applicant shall file with
the Land Use Official photographs of the front of the building, the rear of
the building, and each and every side of the building that is to be moved.
Additionally, the applicant shall file with the Land Use Official a plot plan
prepared by a licensed surveyor, together with a schematic drawing of the
exterior of the building depicting any proposed improvements and showing the
building in its finished form on the location upon which it is to be placed.
The Land Use Official shall require as a condition of approval for issuance
of a house moving permit the posting of a surety bond or other security by
the applicant in an amount to be determined by the Building Subcode Official
to be sufficient to indemnify the Township for any damage which may be caused
as a consequence of the moving of the building, and to insure the full performance
compliance by the applicant of all current Township ordinances. Additionally,
said bond shall cover any reasonably anticipated administrative expenses which
the Township may incur in connection with any of the consequences of the moving
of the building, together with the expenses of demolishing and removing such
building, if necessary, it being the express intention of this section that
the applicant shall indemnify and save harmless the Township from any and
all liability arising out of the moving of said structure. Such bond shall
be in a form approved by the Township Solicitor. In the event that any damage
is caused by the moving of the building, or in the event that any condition
or conditions of approval are not complied with in timely fashion, the Township
may, in its sole discretion, use the security for any damages suffered by
the Township, including any costs and/or attorneys' fees incurred. Nothing
contained herein shall be deemed to waive the right of the Township to proceed
against the applicant personally for any damage exceeding the amount of the
security.
A.
Premoving inspection. Prior to the approval of any application
for moving a building by the Land Use Official, the Building Subcode Official
shall inspect the building and the applicant's equipment to determine whether
the standards for issuance of certificate of occupancy are satisfied. If deemed
necessary in the reasonable discretion of the Building Subcode Official, the
applicant shall have the building inspected by a licensed structural engineer
to determine if the building is structurally sound, and a report of such inspection
certified to the Township shall be provided to the Building Subcode Official.
B.
Standards for approval. The Building Subcode Official
shall refuse to approve the issuance of a permit by the Land Use Official
if he finds:
(1)
That the building is too large to move without endangering
persons or property in the Township;
(2)
That 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 Township;
(3)
That the building is structurally unsafe or unfit for
the purpose for which moved;
(4)
That the applicant's equipment is unsafe and that persons
and property would be endangered by its use;
(5)
That for any other reasons persons or property in the
Township would be endangered by the moving of the building.
C.
Certificate of occupancy. Any building moved onto lands
and premises in the Township shall also require the issuance by the Building
Subcode Official of a certificate of occupancy which shall require, among
other things, conformance with all current requirements of the New Jersey
Uniform Construction Code, N.J.A.C. 5:23-1 et seq. This applicant must obtain
a certificate of occupancy within six months of the movement of the building
onto the property.
D.
Building permits. Nothing contained herein shall be construed
to limit or replace any requirements and authority of the Building Subcode
Official to require building permits for foundations, site work, enlargements,
repairs, alterations, reconstructions or demolishments of buildings, or any
other matters as now or in the future may be required by the New Jersey Uniform
Construction Code.
A.
Approval of application. It shall be the duty and responsibility
of the Land Use Official to review all applications for moving buildings.
B.
Standards for approval. The Land Use Official shall refuse
to approve an application for moving a building if:
(1)
Any application requirement or any fee or deposit requirement
has not been complied with;
(2)
Zoning or other ordinances would be violated by the building
in its new location;
(3)
The approval of the Building Subcode Official is not received in accordance with § 199-5B above;
(4)
Any other requirements of this chapter are not satisfied.
C.
Fees and deposits.
(1)
Deposit. The Land Use Official shall deposit all fees,
bonds or other security with the Township Treasurer.
(2)
Return upon nonissuance. Upon his refusal to approve
an application, the Land Use Official shall return to the applicant all bonds
and other security. Permit and application fees paid with the application
shall not be returned.
(3)
Return upon allowance for expense. After the building
has been moved, the Township Engineer shall furnish the Township 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 Township Council
shall authorize the Township Engineer to return to the applicant all security
after the Township Treasurer deducts the sum sufficient to pay for all of
the costs and expenses and for all damage done to the property of the Township
or others by reason of the moving of the building. Permit and application
fees paid with the application shall not be returned.
D.
Designate streets. The applicant shall submit to the
Land Use Official a proposed route, which shall include a map detailing the
streets over which the building will be moved. The Supervisor of Public Works
and Chief of Police shall approve or disapprove the proposed route, and submit
their report in writing to the Land Use Official. In making their determinations,
the Supervisor of Public Works and the Chief of Police shall act to assure
maximum safety to persons and property in the Township and to minimize congestion
and traffic hazards on public streets.
Every applicant approved under this chapter shall:
A.
Use designated streets. Move a building only over streets
designated for such use in the written permit.
B.
Notify of revised moving time. Notify the Land Use Official
and Chief of Police in writing of a desired change in moving date and hours
as proposed in the application.
C.
Notify of damage. Notify the Land Use Official 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 manner as to warn the public of the obstruction, and shall at all times
erect and maintain barricades across the streets in such manner as to protect
the public from damage or injury by reason of the removal of the building.
E.
Street occupancy period. Remove the building from the
Township streets after one day of such occupancy, unless an extension is granted
by the Land Use Official.
F.
Comply with governing law. Comply with all applicable
building codes, fire codes, the zoning ordinances and all other applicable
ordinances and laws upon relocating the building in the Township.
G.
Utilities. Notify the gas and electric service companies
to remove their services and take all necessary steps in leaving water, sewerage
and drainage facilities of old location of building in a safe condition.
A.
Enforcement authority. The Building Subcode Official,
Police Department, Land Use Official and Superintendent of Public Works shall
enforce and carry out the requirements of this chapter.
B.
Applicant liable for expense above deposit. The applicant
shall be liable for any expense, damages or costs in excess of any bond or
security posted, and the Township Solicitor shall prosecute an action against
the applicant in a court of competent jurisdiction for the recovery of such
excessive amounts.
C.
Original premises left unsafe. The Township shall determine whether the original premises from which the building is moved (if in the Township) and the new premises to which the building is to be moved is in a safe and sanitary condition. If the Township determines that either property is not in a safe and sanitary condition, and/or the applicant does not comply with the requirements of this chapter, including, without limitation, satisfying all conditions required by the Building Subcode Official for the issuance of a certificate of occupancy, the Township may take such remedial action as it deems necessary, including, without limitation, demolition of the building as an unfit dwelling pursuant to Chapter 206, Buildings, Unfit, and the cost thereof shall be charged against the security.
Any person violating any of the provisions of this chapter shall be
deemed guilty of a disorderly persons offense and, upon conviction thereof,
shall be fined in an amount not to exceed $500 or be imprisoned in the county
jail for a period not to exceed 90 days, or both. Each day such violation
is committed or permitted to continue will constitute a separate offense and
shall be punishable as such hereunder.
