[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-1971. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. 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.
BOROUGH
The Borough of Wanaque, County of Passaic, State of New Jersey.
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, 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, whose height does not interfere with existing overhead power lines but in no ease exceeds eight feet, and whose weight is not greater than 2,500 pounds.
BUILDING INSPECTOR
The Building Inspector of the Borough of Wanaque.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
No person shall move any building over, along or across any highway, street or alley in the borough without first obtaining a permit from the Building Inspector.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
A. 
Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector.
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 borough.
(3) 
A legal description of the lot to which it is proposed such building be removed, giving lot and block number if located in the borough.
(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 hour.
(7) 
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 Borough of Wanaque.
(8) 
Any additional information which the Building Inspector shall find necessary to make a fair determination of whether a permit should issue.
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 borough charges against the same are paid in full.
(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.
(3) 
Disconnecting utilities. The applicant shall submit evidence that all utility services, including water, gas, electricity and sewer, have been disconnected.
D. 
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 Building Inspector to procure from the Borough Engineer 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 borough or any other property of the borough, the removal and replacement of which will be required by reason of the moving of the building through the borough, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense.
An application hereunder shall be accompanied by the following:
A. 
Cash deposit. A cash deposit or surety bond approved by the Borough Attorney in the sum of $2,500 as an indemnity for any damage which the borough may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the borough, which may be caused by or be incidental to the removal of any building over, along or across any street in the borough, and to cover any cost and expense incurred by the borough in connection with the moving of the building in question.
B. 
Insurance policy. An insurance policy issued by an insurance company authorized to do business in the State of New Jersey, and in form approved by the Borough 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 Borough of Wanaque as a co-insured along with the applicant and shall provide indemnification of the borough 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 borough.
A. 
Fees and deposits.
(1) 
Deposit. The Building Inspector shall deposit all fees and deposits with Borough Treasurer.
(2) 
Return upon allowance for expense. After the building has been removed, the Building Inspector shall furnish the Mayor with a written statement of all expenses incurred in removing and replacing all property belonging to the borough 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 borough. The Mayor shall authorize the Building Inspector to return to the applicant all deposits after the Borough Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the borough by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
B. 
Designate streets for removal. The Building Inspector shall procure from the Borough Engineer a list of designated streets over which the building may be moved. The Building Inspector 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 Borough Engineer, the Chief of Police and Fire Chief shall act to assure maximum safety to persons and property in the borough and to minimize congestion and traffic hazards on public streets.
C. 
Trees and damage to the borough. Upon completion of the application to the Building Inspector, he shall, with the Road Supervisor 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 Building Inspector 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 Mayor and Council of the Borough of Wanaque 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.
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. 
Notify of revised moving time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application.
C. 
Notify of damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the borough 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 and, before a building shall be permitted to stand on any street, approval of location shall be secured from the Chiefs of Police and Fire Departments of the borough. However, no building shall remain on any street in the Borough of Wanaque 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 borough 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 borough streets after two days of such occupancy, unless an extension is granted by the Mayor and Council.
F. 
Comply with governing law. Comply with the Building Code, the Fire Prevention Code, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the borough.[1]
[1]
Editor's Note: See Ch. 64, Building Specifications, Ch. 73, Fire Prevention, and Ch. 114, Zoning.
G. 
Pay expense of officer. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movement of the building to protect the public from injury.
H. 
Clear old premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the promises are left in a safe and sanitary condition; provided, however, that before the excavation is filled, the cellar bottom shall be removed and all cesspools, septic tanks and cisterns shall be properly filled.
A. 
Enforcing officers. The Building Inspector and the Police Department shall enforce and carry out the requirements of this chapter.
B. 
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 Borough Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovering of such excessive amounts.
C. 
Original premises left unsafe. The borough shall proceed to do the work necessary to leaving 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 charged against the cash deposit.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to either imprisonment in the county jail for any term not exceeding 90 days or to a fine not exceeding $500, or both. Each and every day that such a violation exists shall be deemed to be a separate violation of this chapter.