[HISTORY: Adopted by the City Council of the City of Orange 11-5-69 by Ord. No. 129-69.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived from Ch. 11, Art. IV, of the former Code of the City of Orange, 1969, adopted 11.5-69 by Ord. No. 129-69.
No building shall be moved into or within the city without a written permit therefor issued by the Building Inspector by written authority of a resolution of the City Council to be granted after a hearing by the City Council, which hearing may be held at a regular public meeting of the City Council, or at a meeting specially held for the purpose of such hearing.
The procedure for application for a permit under this chapter and a public hearing thereon shall be as follows:
A. 
Every application for such permit shall be in writing and shall be made by the owner of the building for which the permit is sought and the owner of the land upon which the building is sought to be moved.
B. 
The application shall be made to the Building Inspector.
C. 
The fee for such permit for the removal of a building from one lot to another or to a new location on the same lot shall be at the rate as provided for in Chapter 88, Fees, for the estimated cost of moving, plus the cost of new foundations and all work necessary to place the building in its completed condition in the new location.
[Amended 5-18-1982 by Ord. No. 16-82]
D. 
The applicant shall furnish the undertaking of a surety company authorized to do business in the state that it will, upon the issuance of the permit, furnish a bond in the amount of the total cost of the project. Such bond shall require the completion of the work, including the restoration of the site from which the building has been removed, in accordance with the building regulations of the city and shall protect and indemnify the city against loss or damage.
E. 
A certificate or policy of public liability and damage to property insurance of not less than one hundred thousand dollars ($100,000.) personal injury and fifty thousand dollars ($50,000.) property damage shall be submitted with such application.
F. 
The application shall designate the size of the building to be moved, including its overall length, width and height, and it shall state the time required for the completion of moving.
G. 
The application shall include a survey or plot plan made by a licensed civil engineer and land surveyor of the state, showing where the building is to be located upon the lot on which it is to be located, including offsets and side lines and front and rear lines.
H. 
The application shall include a map showing the lot upon which the building stands, the streets over which the building is to be moved and the lot to which it is to be moved.
I. 
The application shall give the name and address of the mover of the building.
J. 
Permission from the County Engineer's office shall be obtained and filed with the application if a county road is utilized for such moving.
A. 
Upon the submission of an application under this chapter and its supporting papers, the Building Inspector shall immediately refer such application to the Chief of Police, the Bureau of Fire Prevention, the City Engineer and the Health and Welfare Department, and it shall be the duty of such officers to examine such application and, if necessary, the building and the sites involved and report within ten (10) days, in writing, to the Building Inspector, which reports shall become a part of the application, whether or not the building in question may be moved without violation of the laws and ordinances within the enforcement of such officers, respectively, and also to recommend the imposition of any further requirements in order to protect the city, its inhabitants and their property.
B. 
Upon receipt of such reports, in writing, the Building Inspector shall report to the City Council, in writing, the following:
(1) 
Whether or not such building is a one- or two-family dwelling.
(2) 
If the building is structurally sound.
(3) 
If the building conforms and will conform to the requirements of the building regulations of the city for new one- or two-family dwellings.
(4) 
When located upon the premises to which it is to be moved, if it will conform to the zoning regulations of the city.[1]
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
(5) 
Whether or not an application has been made to the Building Inspector for the necessary construction and alteration work for the erection and completion of such building on the lot on which it is to be located.
(6) 
If, in the opinion of such Inspector, the building in question may be successfully moved without danger of collapse or serious damage to itself or other buildings.
C. 
The Building Inspector shall forward such application with all supporting papers to the City Council by filing the same with the City Clerk.
A. 
If the preliminary report of the Building Inspector on an application under this chapter is in the affirmative, the City Council shall fix a date for hearing on the application, which hearing may be at a regular meeting of the City Council or at such other time as it shall designate and shall be on such date as shall enable the service of the notices required.
B. 
The applicant shall thereupon give notice to owners of premises adjoining on each side and in the rear of the lot from which such building is to be removed, the owners of the lots adjoining on the side and the rear of the lot to which such building is to be moved, to the Public Service Electric & Gas Company, the New Jersey Bell Telephone Company and the owners of other impediments the temporary removal of which will be necessary, the City Engineer, the Chief of Police, the Bureau of Fire Prevention and the Health and Welfare Department. Such notice shall be given personally or by certified mail not less than ten (10) days prior to the date fixed for the hearing and shall state generally the purpose of the application and that the persons so notified will have the opportunity to be heard at such public hearing. A stenographic record shall be kept of the public hearing, the cost of which shall be borne by the applicant, who shall submit to the City Clerk on account thereof the sum as provided for in Chapter 88, Fees.
[Amended 5-18-1982 by Ord. No. 16-82]
C. 
At such public hearing, the applicant may produce such witnesses as he may deem fit, and the City Council may hear such witnesses, in addition thereto, as in its discretion it deems necessary. If, upon the termination of such hearing and the evidence produced therein, the City Council shall determine that all the requirements of this chapter have been met, that all prevailing ordinances, regulations and codes of the city, such as the building, zoning, fire prevention, electrical and health regulations, have been complied with and that the moving of such building will not create or increase the hazard of fire or interfere with the Fire Department in the fighting of fire, or will not endanger the lives or safety or property of the inhabitants of the city, or will not unreasonably cause inconvenience by the interruption of or damage to utilities, will not create danger or inconvenience by interference with the movement of traffic or will not cause destruction or injury to shade trees in the city, it shall order the issuance of the permit. Otherwise, such permit shall be denied.
D. 
In the event that the preliminary determination of the Building Inspector is in the negative on any one (1) of the matters required by § 69-3B(1) through (6), the City Council shall, by resolution, deny the application and authorize the return of the permit fee paid therewith to the applicant.
Upon the issuance of a permit under this chapter, the Building Inspector shall request the Bureau of Fire Prevention and the Chief of Police to fix a date for the moving of such building and shall endorse such date upon the permit, and such building shall not be moved on any other date. In the event that the date cannot be met by the applicant, the Building Inspector shall, with the approval of the Chief of Police and the Bureau of Fire Prevention, fix a new date.
No permit shall be issued for the removal of any building, the moving of which and removal thereof from the public streets cannot be accomplished between the hours of 9:00 a.m. and 5:00 p.m. No building shall be permitted to remain on any street of the city after 5:00 p.m. No building shall be moved on a Saturday or Sunday.
Every building for the moving of which a permit is sought shall conform to the requirements of the building regulations of the city for the construction of new buildings.[1]
[1]
Editor's Note: For building regulations, see Ch. 74, Construction Codes, Uniform.
No building may be moved from one municipality through the city to another municipality.
No building other than a one-family, wood frame or two-family, wood-frame dwelling, excluding any brick or masonry structures or any ballon-framed structures, shall be moved within or into the city.
[Added 5-18-1982 by Ord. No. 16-82]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not exceeding ninety (90) days, or both.