The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BUILDING
A house, commercial building, industrial building or any
structure of a size great enough so that the moving thereof over a
road would cause hazard or inconvenience to any person.
BUILDING OFFICER
The Building Officer of the Town or his duly authorized delegate.
INTERFERING STRUCTURE
Any wire, cable, pipe, tree, pole, curb, sidewalk, pavement
or other structure or device located in or about a road which must
be temporarily relocated or otherwise altered to facilitate the passage
of a building.
OVER
Includes "on," "across" or "upon."
PERMITTEE
The person to whom a permit is issued pursuant to the provisions
of this article.
ROAD
Any public street, highway, road or alley within the corporate
limits of the Town.
TRAILER
Every vehicle without motive power designed for carrying
property and for being drawn by a motor vehicle. The singular shall
also include the plural.
VEHICLE
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
Any person, firm or corporation violating any provision of this
article shall forfeit an amount as set forth in fee schedule that
shall be kept on file with the Town Clerk along with the costs of
prosecution. A separate offense shall be deemed committed on each
day during which the violation occurs.
No person shall move a building over any road within the corporate
limits of the Town without first obtaining a permit from the Town
Chairperson. Permits issued under this article shall not be assignable
or transferable and shall not be used by any person other than the
permittee or his employee.
If it appears to the Town Chairperson that it may be necessary
to cut, raise or replace any interfering structure in order to facilitate
the movement of a building, the permit shall not be issued unless
the applicant first files with the Chairperson a receipt given to
the applicant by the owner or other lawful custodian of the interfering
structure for a deposit equal to the amount of actual expense involved
in cutting, raising or replacing it.
The fee for obtaining a permit to move a building over the Town
roads shall be as set forth in the fee schedule which shall be kept
on file with the Town Clerk. The applicant shall deposit the sum of
$500 with the Town Treasurer as an initial fee. Unused portions of
this fee shall be refunded to the applicant pro rata. Fees in excess
of the deposit shall be collected from the applicant in like manner.
During any period that a building impedes traffic upon any Town road
the unearned deposit shall be not less than $150, and if the deposit
falls below that amount, the permit shall be revoked forthwith unless
an additional deposit is made which shall bring the unearned deposit
to $150.
The Town Chairperson or designee shall accompany any building
being moved pursuant to the provisions of this article.
The permit issued under this article shall designate the route
over which the applicant shall move any building to which this article
applies. The route shall not be changed unless the permit is amended.
The Walworth County Sheriff's Department and Whitewater Fire
Department shall be notified and any permits required shall be obtained.
No tree shall be cut or trimmed by the permittee without the
prior written consent of the owner or other lawful custodian of such
tree.
Small buildings moved on motor trucks or trailers, such as garages, shall be exempt from §
10-56 (if under eight feet wide) relating to fees, but from no other section or provision of this article.
No dilapidated, substandard, dangerous or unsafe building may
be moved over any Town road. The determination shall be made after
an inspection of the building by the Town Chairperson. Any portion
of the deposit not exhausted by actual expense of the inspection shall
be refunded to the applicant.
The Town Board may make regulations governing the movement of
buildings not inconsistent with this article. Such rules, among other
things, may regulate or prohibit the moving of buildings too large
for the proposed route.