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.
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.
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 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. 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. 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) Any additional information which the Zoning Administrator shall find
necessary to a fair determination of whether a permit should issue;
(8) 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. Accompanying papers.
(1) 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) 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.
D. Fee. The application shall be accompanied by a permit fee as established
by resolution of the Board of Supervisors from time to time.
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. 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. 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.
Every permittee under this Part 1 shall:
A. Use designated streets. Move a building only over the streets designated
for such use in the written permit.
B. 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. 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. 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 Board of Supervisors.
F. Comply with governing law. Comply with all laws and ordinances of
the Township of Millcreek.
G. 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. 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. 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.
[Amended 8-28-2007 by Ord. No. 2007-6]
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.