[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 6-24-1957 by Ord. No. 835. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
The same as such words are defined in the Building Code of
the Borough of Lodi.[1]
Includes public and private corporations, copartnerships,
firms and individuals.
A highway or thoroughfare dedicated or devoted to public
use, and includes avenue, road, alley, lane, terrace, concourse, driveway
and sidewalk.
It shall be unlawful for any person to move, to commence to
move or cause to be moved any house, dwelling or any residence building,
as hereinafter defined, into, upon, over and through the streets,
brooks or other public ways and lands in the Borough of Lodi without
first having obtained a written permit so to do in the manner hereinafter
prescribed.
A.
Application for said permit shall be made in writing to the Borough
Clerk upon forms supplied by the Borough of Lodi and obtainable at
the office of the Borough Clerk.
B.
The application shall be signed by the owner of the house, dwelling
or residence building to be moved and the person to be entrusted with
the moving 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 Borough
Engineer.
A.
When completed, the application shall be filed in the office of the
Borough Clerk and shall have attached to it the following addenda:
(2)
A route map indicating the specific streets and exact route suggested
to be used and followed during such moving.
(3)
The written consent of the proper county or state authorities in
the event that such route shall include a county or state highway.
(4)
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 that the properties or facilities
of said utilities are to be disturbed or affected in any manner by
the moving of said house, dwelling or residence building.
(5)
Proof that all outstanding taxes and assessments levied against the
land and building by the Borough of Lodi have been paid.
B.
When application for a permit is made between October 1 to and including
December 31 of any year, proof shall be submitted that the applicant
has paid to the Collector of the Borough of Lodi for taxes for the
succeeding fiscal year a sum equal to the amount of the levy for taxes
upon the lands and building for the current year in addition to all
other outstanding taxes and assessments.
When the application shall have been filed with the addenda
hereinbefore specified, the Borough Clerk shall notify the Building
Inspector, Tax Collector, Police Department and Fire Department and
the Borough Engineer that such application has been filed, requesting
each department to immediately cause an inspection to be made of such
house, dwelling or residence building, the street route and proposed
situs, and to report in writing to the Borough Clerk of any objection
to moving by reason of sewer and house connection to the water and
sewer mains, interference with the police and fire signal alarm system,
shade trees, streets, traffic and any other 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, temporary rewiring
to the police and fire signal alarm system, 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 or residence building; and to report
where public safety and welfare require the owner to fill in open
excavations.
If the application has been completed and filed, together with the items specified in § 178-4 hereof, and there are no objections to the granting of the moving permit by the Borough Engineer or any of the municipal departments mentioned in § 178-5 hereof, the Borough Engineer shall notify the applicant that a permit will be issued, provided that the applicant shall file:
A.
An agreement in writing to be signed by the owner and house mover
whereby, in consideration of the issuance of the permit, they will
cooperate with and abide by such directives as may be issued by the
Borough Engineer and all appropriate department supervisors of the
Borough of Lodi with regard to such moving 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 and form to be approved
by the Borough Attorney, conditioned upon:
(1)
Notifying the Borough Engineer 48 hours in advance of the time of
the commencement of the operation to remove the house, dwelling or
residence building and diligently completing the operation within
seven working days thereafter, and in the meantime not neglecting
or abandoning 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 Borough of Lodi
the sum of $100 per day for each day or part of day such period of
time is exceeded. Such sum is declared to be the reasonable cost of
supervision and inspection while such house, dwelling or residence
building shall remain in the public streets of the Borough of Lodi;
(2)
An agreement to reimburse the Borough of Lodi for any expense which
might be incurred to repair damage suffered to public property by
reason of such moving; and
(3)
Specifically indemnifying and saving harmless the Borough of Lodi,
its agents, servants and employees against every loss, expense, damage
and liability by reason of granting such permit and such moving operation.
C.
Certificates of policies of insurance for vehicles and apparatus
used in the operation in the name of the owner and house mover, with
limits of $50,000/$100,000 for personal injury and $25,000 for property
damage; with limits of $50,000/$100,000 for public liability for personal
injury and $25,000 for public liability for property damage; with
contingent public liability coverage with the same limits in favor
of the Borough of Lodi, either by endorsement to the aforesaid policy
or by separate policy, which shall remain in full force and effect
during the moving operation.
D.
A deposit by cash or certified check, representing the estimated cost to the Borough of Lodi for the work referred to in § 178-5 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 Borough of Lodi shall refund any difference should the actual cost be less than the estimated cost.
If such permit is denied by the Borough Engineer, the applicant
may file his application, with supporting addenda, with the Borough
Clerk for consideration by the Mayor and Council of the Borough of
Lodi.
Said house, dwelling or residence 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 Borough
of Lodi.
The cutting, trimming or removal of any tree shall be done only
under the direction of the Borough Engineer, who shall determine the
extent to which cutting, trimming or removal of trees is necessary.
During the hours between sunset and sunrise, every such 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 so far as the same may be applicable.
No roadbed, pavement, curbing, tree or public property shall
be disturbed by or during such house moving except by employees of
the Borough of Lodi.
No house, dwelling or residence building shall be moved to a
site where such house, dwelling or residence building, if put in place
on the new site, would be in violation of the zoning ordinances of
the Borough of Lodi and the Building Code of the Borough of Lodi.[1]
Any person violating any of the provisions of this chapter shall,
upon conviction therefor before the Judge of the Lodi Municipal Court,
be subject to a fine not exceeding $2,000, imprisonment for a period
not exceeding 90 days and/or a period of community service not exceeding
90 days, in the discretion of the aforesaid Judge.
