[HISTORY: Adopted by the Township Committee (now the Township Council) of the Township of Saddle Brook 8-19-1958 as Ord. No. 465. Sections 73-3A(1), and 73-5A amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
It shall be unlawful for any person to move, to commence to move or cause to be moved any house, dwelling or any residence building, as hereinafter defined, into, upon, over and through the streets, brooks or other public ways and lands in the Township of Saddle Brook without first having obtained a written permit so to do in the manner hereinafter prescribed.
Application for said permit shall be made in writing to the Township Clerk upon forms supplied by the Township of Saddle Brook and obtainable at the office of the Township Clerk.
The application shall be signed by the owner of the house, dwelling or residence building to be moved and the person to be entrusted with the moving of the same.
No application shall be considered unless the information requested in the form shall have been fully answered and approved by the Township Engineer.
When completed, the application shall be filed in the office of the Township Clerk and shall have attached to it the following addenda:
A route map indicating the specific streets and exact route suggested to be used and followed during such moving.
The written consent of the proper county or state authorities in the event such route shall include a county or state highway.
The consent in writing of any public utility, as that term is defined by N.J.S.A. 48:1-1 et seq., to make any necessary change in the facilities of said public utility in the event the properties or facilities of said utility are to be disturbed or affected in any manner by the moving of said house, dwelling or residence building.
Proof that all outstanding taxes and assessments levied against the land and building by the Township of Saddle Brook have been paid.
When application for a permit is made between October 1 and December 31 inclusive of any year, proof shall be submitted that the applicant has paid to the Collector of the Township of Saddle Brook for taxes for the succeeding fiscal year a sum equal to the amount of the levy for taxes upon the land and building for the current year in addition to all other outstanding taxes and assessments.
When the application shall have been filed with the addenda hereinbefore specified, the Township Clerk shall notify the Building Inspector, Tax Collector, Police and Fire Departments and the Township Engineer that such application has been filed and request each Department to immediately cause an inspection to be made of such house, dwelling or residence building, the street route and proposed situs and to report in writing to the Township Clerk any objection to moving by reason of sewer and house connection to the water and sewer mains, interference with the police and fire signal alarms system, shade trees, streets, traffic and any other public or private property along the route, and whether it be deemed safe to use the proposed route, and if not, to suggest a better and safer route, and to advise as to the approximate work which is necessary in clearing or otherwise preparing said route by the removal or trimming of trees, temporary rewiring of the police and fire signal alarm system, as well as any other necessary work to permit such removal, together with the estimated cost and charge to be made for such work and the repair of said items upon the removal of the house, dwelling or residence building, and to report where public safety and welfare require the owner to fill in open excavations.
The permit fee for each moving is hereby fixed as listed in § 82-3A(6).
[Amended 3-26-1987 by Ord. No. 945; 10-10-1991 by Ord. No. 1036]
The fee is imposed to defray the cost of inspections and enforcement of regulations and for no other purpose. Such fee shall be returned to the applicant in the event that the permit is not granted.
If the application has been completed and filed, together with the items specified in § 73-3 hereof, and there are no objections to the granting of the moving permit by the Township Engineer or any of the municipal departments mentioned in § 73-4 hereof, the Township Engineer shall notify the applicant that a permit will be issued, provided the applicant shall file:
An agreement in writing to be signed by the owner and house mover, whereby in consideration of the issuance of the permit they will cooperate with and abide by such directives as may be issued by the Township Engineer and all appropriate department supervisors of the Township of Saddle Brook with regard to such moving operations.
A surety bond of a corporation authorized to do business in the State of New Jersey, in the principal sum of ten thousand dollars ($10,000.) and in form to be approved by the Township Attorney, conditioned upon:
Notification of the Township Engineer forty-eight (48) hours in advance of the time of the commencement of the operation to remove the house, dwelling or residence building, and diligent completion of the operation within seven (7) working days thereafter and, in the meantime, not to neglect or abandon the project; and in the event of failure to complete such operation within such period of time, the bond shall stipulate that the holder of the permit shall forfeit to the Township of Saddle Brook the sum of one hundred dollars ($100.) per day for each day or part of day such period of time is exceeded. Such sum is declared to be the reasonable cost of supervision and inspection while such house, dwelling or residence building shall remain in the public streets of the Township of Saddle Brook.
Reimbursement of the Township of Saddle Brook for any expense which might be incurred in repairing damage suffered to public property by reason of such moving.
Specifically, indemnification and the saving harmless of the Township of Saddle Brook, its agents, servants and employees against every loss, expense, damage and liability by reason of granting such permit and such moving operation.
Certificates of policies of insurance for vehicles and apparatus used in the operation, in the name of the owner and house mover, with limits of fifty thousand/one hundred thousand dollars ($50,000./$100,000.) for personal injury and twenty-five thousand dollars ($25,000.) for property damage, and with limits of fifty thousand/one hundred thousand dollars ($50,000./$100,000.) for public liability for personal injury and twenty-five thousand dollars ($25,000.) for public liability for property damage, with contingent public liability coverage with the same limits in favor of the Township of Saddle Brook, either by endorsement to the aforesaid policy or by separate policy, which shall remain in full force and effect during the moving operation.
A deposit in cash or certified check, representing the estimated cost to the Township of Saddle Brook for the work referred to in § 73-4 hereof, which sum shall be applied on account of the actual cost of said work, and the applicant agreeing in writing that he will pay any excess should the actual cost be more than the estimated cost; and the Township of Saddle Brook shall refund any difference should the actual cost be less than the estimated cost.
If such permit is denied by the Township Engineer, the applicant may file his application and supporting addenda with the Township Clerk for consideration by the Mayor and Township Council of the Township of Saddle Brook.
Said house, dwelling or residence building and the apparatus used in moving the same shall not unreasonably obstruct or remain stationary nearer than fifty (50) feet to any fire hydrant within the Township of Saddle Brook.
The cutting, trimming or removal of any tree shall be done only under the direction of the Township Engineer, who shall determine the extent to which cutting, trimming or removal of trees is necessary.
During the hours between sunset and sunrise every such building and the apparatus used to move the same shall be adequately guarded by red lights or flares so located as to give sufficient and timely warning to persons upon the highway of the presence of such building and apparatus. Such protection shall be the responsibility of the house mover and owner jointly, who shall comply with the provisions of N.J.S.A. 39 so far as the same may be applicable.
Editor's Note: Title 39 of N.J.S.A. is entitled "Motor Vehicles and Traffic Regulations."
No roadbed, pavement, curbing, tree or public property shall be disturbed by or during such house moving except by employees of the Township of Saddle Brook.
No house, dwelling or residence building shall be moved to a site where such house, dwelling or residence building, if put in place on the new site, would be in violation of the Zoning Ordinance of the Township of Saddle Brook and the Building Code of the Township of Saddle Brook.
As used in this chapter, the following terms shall have the meanings indicated:
- HOUSE, DWELLING OR RESIDENCE BUILDING
- Meanings shall be the same as such words are defined in the Building Code of the Township of Saddle Brook.
- Includes public and private corporations, copartnerships, firms and individuals.
- A highway or thoroughfare dedicated or devoted to public use, including avenue, road, alley, lane, terrace, concourse, driveway and sidewalk.
Editor's Note: The Building Code referred to herein was superseded February 25, 1964 by the adoption of the Standard Building Code of New Jersey. For pertinent definitions, see the terms defined under "dwellings" in Section A-200 of the Standard Building Code.
Any person violating any of the provisions of this chapter shall, upon conviction therefor before the Judge of the Saddle Brook Municipal Court, be fined not more than two hundred dollars ($200.) or be imprisoned in the county jail for not more than ninety (90) days, or both, in the discretion of the aforesaid Judge.