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:
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.
The Building Officer of the Town or his duly authorized delegate.
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.
Includes "on," "across" or "upon."
The person to whom a permit is issued pursuant to the provisions
of this article.
Any public street, highway, road or alley within the corporate
limits of the Town.
Every vehicle without motive power designed for carrying
property and for being drawn by a motor vehicle. The singular shall
also include the plural.
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.
A.
Any person desiring to obtain a permit authorizing the moving of
a building over a road within the Town shall make application therefor
to the Town Chairperson. The application shall furnish the following
information:
(1)
The name and address of the applicant.
(2)
Location from which the building is to be moved.
(3)
The destination to which the building is to be moved.
(4)
The route proposed by the applicant over which the building is to
be moved. Such route must be approved by the Sheriff's Department.
(5)
The dimensions of the building.
(6)
Type of construction (frame, brick, etc.).
(7)
Applicant's signature.
(8)
Proposed date of moving.
B.
The application shall be accompanied by a surety company bond, in
the penal sum of $100,000, conditioned on the faithful performance
of the applicant of all requirements of this article, to indemnify
the Town and to save it harmless against any and all claims, demands
or causes of action whatsoever which might arise or accrue against
it by reason of granting such permit or the exercise of any privilege
thereby conferred, and to repay all damages which may be suffered
by the Town or any person by reason of exercise of the permit, including
by way of illustration but not of limitation injury to pavements,
curbs, sidewalks, driveways, poles, wires or trees.
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.
