[Adopted 3-23-1970 by Ord. No. 70-3]
For the purposes of this Part 1, the following terms, phrases,
words, and their derivations shall have the meaning 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.
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 person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Millcreek.
The Zoning Administrator of the Township of Millcreek.
No person shall move any building, over, along or across any
highway, street or alley in the Township without first obtaining a
permit from the Zoning Administrator, a separate permit being required
for each such building.
A person seeking issuance of a permit hereunder shall file an
application for such permit with the Zoning Administrator.
A.Â
Form. The application shall be made in writing, upon forms provided
by the Zoning Administrator, and shall be filed in the office of the
Zoning Administrator.
B.Â
Contents. The application shall set forth:
(1)Â
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)Â
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)Â
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)Â
The portion of the lot to be occupied by the building when moved;
(5)Â
The highways, streets and alleys over, along or across which the
building is proposed to be moved;
(6)Â
Proposed moving date and hours;
(7)Â
Any additional information which the Zoning Administrator shall find
necessary to a fair determination of whether a permit should issue;
(8)Â
A statement that the applicant has notified all public utilities
of the contemplated move and bears full responsibility for any and
all damages resulting from such move.
C.Â
Accompanying papers.
(1)Â
Tax certificate. The owner of the building to be moved shall file
with the application sufficient evidence that the building and lot
from which it is to be moved are free of any entanglements and that
all taxes any Township charges or liens against the same are paid
in full.
(2)Â
Certificate of ownership or entitlement. The applicant, when 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.
Upon receipt of an application, it shall be the duty of the
Zoning Administrator to procure from the Township Engineering Department
an estimate of the expense that will be incurred in removing or replacing
any form of property of the Township 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 Administrator 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 a cash deposit
in the sum of $100,000 as an indemnity for any damage which the Township
may sustain by reason of damage or injury to any highway, street or
alley, sidewalk, fire hydrant or other property of the Township, which
may be caused by or be incidental to the removal of any building over,
along or across any street in the Township, and to indemnify the Township
against any claim of damages to persons or private property, and to
satisfy any claims by private individuals arising out of, caused by
or incidental to the moving of any building over, along or across
any street in the Township.
A.Â
Bond in lieu of deposit. Any person filing an application hereunder
may, in lieu of the general cash deposit required above, file with
the Zoning Administrator a bond, approved as to form by the Township
Solicitor, executed by a bonding or surety company authorized to do
business in the State of Pennsylvania in the amounts of: $200,000
for injury to any one person; $400,000 for all injuries for each occurrence
of each event; and $100,000 for property damage, conditioned upon
the assurance that this and other applicable ordinances and laws will
be complied with. Such bond shall run to the Township for the use
and benefit of any person or persons intended to be protected thereby
and shall be conditioned on the payment of any damage to public or
private property or persons, and the payment of any damages or losses
resulting from any malfeasance, misfeasance, or nonfeasance or negligence
in connection with any of the activities or conditions upon which
the permit applied for is granted.
B.Â
Insurance policy in lieu of deposit. Any person filing an application
hereunder may, in lieu of the general cash deposit required above,
file with the Zoning Administrator a liability insurance policy, issued
by an insurance company authorized to do business in the State of
Pennsylvania, and approved as to form by the Township Solicitor, in
the same amount and providing the same protection as would be required
for a bond hereunder.
A.Â
Inspection. The Zoning Administrator shall inspect the building and
the applicant's equipment to determine whether the standards for issuance
of a permit are met.
B.Â
Standards for issuance. The Zoning Administrator shall refuse to
issue a permit if he finds:
(1)Â
That any application requirement or any fee or deposit requirements
has not been complied with;
(2)Â
That the building is too large to move without endangering persons
or property in the Township;
(3)Â
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;
(4)Â
That the building is structurally unsafe or unfit for the purpose
for which moved, if the removal location is in the Township;
(5)Â
That the applicant's equipment is unsafe and that persons and property
would be endangered by its use;
(6)Â
That zoning or other ordinances would be violated by the building
in its new location;
(7)Â
That for any other valid reason persons or property in the Township
would be endangered by the moving of the building.
C.Â
Fees and deposits.
(1)Â
Deposit. The Zoning Administrator shall deposit all fees and deposits,
and all bonds or insurance policies with the Township Treasurer.
(2)Â
Return upon nonissuance. Upon his refusal to issue a permit, the
Zoning Administrator shall return to the applicant all deposits, bonds
and insurance policies. Permit fees filed with the application shall
not be returned.
(3)Â
Return upon allowance for expense. After the building has been removed,
the Zoning Administrator shall furnish the Board of Supervisors 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; provided, however, that if any wires, poles, lamps or other
property are not located in conformity with governing ordinances,
the permittee shall not be liable for the cost of removing the same.
The Board of Supervisors shall authorize the Zoning Administrator
to return to the applicant all deposits after the Township Treasurer
deducts the sum sufficient to pay for all of 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.
D.Â
Designate streets for removal. The Zoning Administration shall procure
from the Township Engineering Department a list of designated streets
over which the building may be moved. The Zoning Administrator shall
have the list approved by the Chief of Police and shall reproduce
the list upon the permit in writing. In making their determinations,
the Township Engineering Department 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 permittee under this Part 1 shall:
A.Â
Use designated streets. Move a building only over the streets designated
for such use in the written permit.
B.Â
Notify of revised moving time. Notify the Zoning Administrator in
writing of a desired change in moving date and hours as proposed in
the application.
C.Â
Notify of damage. Notify the Zoning Administrator 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.Â
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.Â
Street occupancy period. Remove the building from the Township streets
after one day of such occupancy, unless an extension is granted by
the Board of Supervisors.
F.Â
Comply with governing law. Comply with all laws and ordinances of
the Township of Millcreek.
G.Â
Pay expense of officer. Pay the expense of a traffic officer ordered
by the Zoning Administrator to accompany the movement of the building
to protect the public from injury, providing it is so ordered.
H.Â
Clear 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.
I.Â
Remove service connection. Permittee shall notify the gas, electric,
water, telephone, and any and all other utilities, including Township
in case of sewers, of the contemplated move and insure that the discontinuance
of service at the location from which the building is to be moved
is properly undertaken.
A.Â
Enforcing officers. The Zoning Administrator, the Township Engineering
Department, and the Police Department shall enforce and carry out
the requirements of this Part 1.
B.Â
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 Solicitor shall prosecute an action
against the permittee in a court of competent jurisdiction for the
recovery of such excessive amounts.
C.Â
Original premises left unsafe. The Township shall proceed to do the
work necessary to leaving the original premises in a safe and sanitary
condition, where permittee does not comply with the requirements of
this Part 1, and the cost thereof shall be charged against the general
deposit.
[Amended 8-28-2007 by Ord. No. 2007-6[1]]
This Part 1 shall be enforced pursuant to the provisions of Ordinance Nos. 96-8 and 96-9, as amended (Chapter 48, Enforcement and Collection Activities), governing civil enforcement of ordinances and attorney's fees and costs payable in enforcement actions. Violations of this Part 1 are subject to a civil penalty of $600 per violation. In any civil action, a person or entity found to have violated this Part 1 shall also be obligated within the judgment to pay all costs and attorney's fees incurred by the Township in the enforcement action. Each day a violation of this Part 1 continues shall constitute a separate offense. Each violation of this Part 1 shall constitute a separate offense, subject to the prescribed fine for each violation.
