[HISTORY: Adopted by the Township Council of the Township
of Denville by Ord. No. 9/68 (Ch.
11, Sec. 11-8, of the 1978 Revised General Ordinances). Amendments
noted where applicable.]
As used in this section:
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
and its height does not interfere with existing overhead power lines,
but in no case exceeds eight feet and its weight is not greater than
2,500 pounds.
The Construction Official of the Township.
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 Construction Official.
A person seeking issuance of a permit hereunder shall file an
application for such permit with the Construction Official. The application
shall be made in writing, upon forms provided by the Construction
Official, and shall be filed in the office of the Construction Official.
The application shall set forth:
A.
A description of the building proposed to be moved, giving street
number, construction materials, dimensions, number of rooms and condition
of exterior and interior.
B.
A legal description of the lot from which the building is to be moved,
giving the lot and block number if located in the Township.
C.
A legal description of the lot to which it is proposed such building
be removed, giving lot and block number, if located in the Township.
D.
The portion of the lot to be occupied by the building when moved.
E.
The highways, streets and alleys over, along or across which the
building is proposed to be moved.
F.
Proposed moving date and hours.
G.
Any additional information which the Construction Official shall
find necessary to a fair determination of whether a permit should
issue.
A.
Tax certificate. The owner of the building to be moved shall file
with the application sufficient evidence that all taxes and any Township
charges against the same are paid in full.
B.
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.
C.
Disconnecting utilities. Applicant shall submit evidence that all
utility services, including water, gas, electricity and sewer, have
been disconnected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The application shall be accompanied by a permit fee. The fee shall be as set forth in Chapter 245, Fees, Rates and Charges, per thousand dollars, or part thereof, of estimated cost of such removal which shall include cost of foundation and all other labor and materials used at the new site, plus the cost of Police Department, Department of Public Works and other Township services.
An application hereunder shall be accompanied by the following:
A.
Cash deposit. A cash deposit in the sum of $5,000 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 cover any cost and expense incurred by the Township
in connection with the moving of the building in question.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Insurance policy. An insurance policy issued by an insurance company
authorized to do business in the State of New Jersey, and in a form
approved by the Township 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. The
policy shall name the Township of Denville as a co-insured along with
the applicant and provide indemnification of the Township 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 Township.
A.
Fees and deposits. The Construction Official shall deposit all fees
and deposits, with the Township Treasurer.
B.
Designate streets. The Construction Official shall procure from the
Township Engineer a list of designated streets over which the building
may be moved. The Construction Official 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 Engineer and
the Chief of Police shall act to ensure maximum safety to persons
and property in the Township and to minimize congestion and traffic
hazards on public streets.
Every permittee under this section 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 Construction Official,
in writing, of a desired change in moving date and hours as proposed
in the application.
C.
Notify of damage. Notify the Construction 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 and before a building shall be permitted to stand
overnight on any street approval of the location shall be secured
from the Chiefs of Police and Fire Departments of the Township.
E.
Street occupancy period. Remove the building from the Township streets
after four days of such occupancy, unless an extension is granted
by the Township Council.
F.
Comply with governing law. Comply with the building code, the fire
zone, the zoning ordinance and all other applicable ordinances and
laws upon relocating the building in the Township.
G.
Pay expense of officer. Pay the expense of a traffic officer ordered
by the Construction Official 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 premises are left in a safe and sanitary condition, provided,
however, before the excavation is filled, the cellar bottom shall
be removed.
A.
Enforcing officers. The Construction Official and the Police Department
shall enforce and carry out the requirements of this section.
B.
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 section, and the cost thereof shall be charged against the cash
deposit. If the deposit is not sufficient to cover the cost thereof,
any additional amount shall be a lien upon the land from which the
structure was removed in the same manner as delinquent taxes.
