For the purposes of this chapter, the following words shall have the following definitions:
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. A structure of the following dimensions shall not fall within this definition: A structure which is less than eight (8) feet wide in any side horizontal dimension and its height does not interfere with existing overhead power lines but in no case exceeds eight (8) feet and its weight is not greater than two thousand five hundred (2,500) pounds.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Plumsted, County of Ocean, State of New Jersey.
ZONING OFFICER
The Zoning Officer for the Township of Plumsted.
No person shall move any building over, along or across any highway, street or alley in the Township of Plumsted without first obtaining a permit from the Zoning Officer, in addition to any permits required by the Ocean County Road Department and the New Jersey Department of Transportation.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Zoning Officer.
A. 
Form. The application shall be made in writing, upon forms provided by the Zoning Officer, and shall be filed in the office of the Zoning Officer.
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 and block number if located in the Township.
(3) 
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.
(4) 
The portion of the lot to be occupied by the building when moved.
(5) 
Proposed moving date and hour.
(6) 
Complete names and addresses of all persons involved in such moving and a complete list of all telephone numbers where all such persons can be contacted twenty-four (24) hours of the day for the entire period of the moving in the Township of Plumsted.
(7) 
Any additional information which the Zoning Officer shall find necessary for a fair determination of whether a permit should issue.
(8) 
An indication of issuance of all permits for utilities and shall provide evidence that utilities are on the site to which the building is being moved.
C. 
Accompanying papers.
(1) 
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.
(2) 
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.
(3) 
Disconnecting utilities. Applicant shall submit evidence that all utility services, including water, gas, electricity and sewer, have been disconnected.
D. 
Fee. The application shall be accompanied by a permit fee in the amount of one hundred dollars ($100).
Upon receipt of an application, it shall be the duty of the Zoning Officer to procure from the Township Department of Public Works an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, sewer lines, or pole lines belonging to the Township or any other property of the Township, the removal and replacement of which will be 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 Officer shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense.
An application hereunder shall be accompanied by an insurance policy issued by an insurance company authorized to do business in the State of New Jersey, and in form approved by the Township Attorney, providing personal and property liability coverage in the respective amounts of five hundred thousand dollars ($500,000) per accident and three hundred thousand dollars ($300,000) per person and fifty thousand dollars ($50,000) per accident on property. Said policy shall name the Township of Plumsted 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.
(1) 
Deposit. The Zoning Officer shall deposit all fees and deposits, with the Township Chief Financial Officer.
(2) 
Return upon allowance for expense. After the building has been removed, the Zoning Officer shall furnish the Mayor and Committee with a written statement of all expenses incurred in removing and replacing all property belonging to the Township, and of all material used in the making of the removal and replacement together with statement of all damage caused to or inflicted upon property belonging to the Township. The Mayor and Committee shall authorize the Zoning Officer to return to the applicant all deposits after the Township Chief Financial Officer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Township by reason of the removal of the building.
Permit fees deposited with the application shall not be returned.
B. 
Designate streets for removal. The Zoning Officer shall procure from the Township Department of Public Works a list of designated streets over which the building may be moved. The Zoning Officer shall have the list approved by the Chief of Police and Fire Chief and shall reproduce the list upon the permit in writing. In making their determinations, the Township Department of Public Works, the Chief of Police and Fire Chief shall act to assure maximum safety to persons and property in the Township and to minimize congestion and traffic hazards on public streets.
C. 
Trees and damage to the Township. Upon completion of the application to the Zoning Officer, he will, with the Superintendent of Public Works and a qualified tree surgeon, inspect the route as designated to ascertain the extent of the damage, if any, to the trees or any other public damage to property along said route and if the Zoning Officer in his discretion finds that there will be or could be an excessive or undue amount of damage, he is hereby empowered to deny the application. The applicant may then take the matter to the Township Committee of the Township of Plumsted for further consideration. If there are parts of a tree to be removed or any damage occurs to any tree, then the removal must be done by a qualified tree surgeon and any damage must be corrected and properly treated by a qualified tree surgeon. The cost of said tree surgeon for the inspection, removal and treatment must be paid for by the applicant.
Every permittee under this chapter 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 Zoning Officer in writing of a desired change in moving date and hours as proposed in the application.
C. 
Notify of damage. Notify the Zoning Officer in writing of any and all damage done to property belonging to the Township within twenty-four (24) hours after the damage or injury has occurred.
D. 
Display lights. Cause red lights to be displayed during the night time 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 on any street, approval of the location shall be secured from the Chiefs of Police and Fire Departments of the Township. However, no building shall remain on any street in the Township of Plumsted unless and until it has the specific approval to so remain by the Chief of Police and Fire Chief and the applicant must be notified and receive the approval by said Chiefs on or before two o'clock p.m., of the night on which the applicant is going to leave the building standing on the street. Should permission not be granted in writing from said Chiefs and the applicant does leave said building on the streets, then the Township shall have the right to immediately take the necessary steps to remove the building and all costs, charges and fees incurred thereby shall be chargeable to the applicant.
E. 
Street occupancy period. Remove the building from the Township streets after two (2) days of such occupancy, unless an extension is granted by the Township Committee.
F. 
Comply with governing law. Comply with the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Township, provided that the building relocated must, within one (1) year, be made to comply with all current BOCA regulations and requirements as if such relocated building were a new structure.
G. 
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, all cesspools, septic tanks and cisterns shall be properly filled.
H. 
All buildings which are moved within the Township of Plumsted or to the Township of Plumsted shall be placed upon a permanent foundation within six (6) months of the date of the issuance of the permit for the moving of said building under § 7-2.
A. 
Enforcing officers. The Zoning Officer and the Police Department shall enforce and carry out the requirements of this chapter.
B. 
Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the Township Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovering of such excessive amounts.
C. 
Original premises left unsafe. The Township shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the cash deposit.
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.