[HISTORY: Adopted by the Township Committee
(now the Township Council) of the Township of Saddle Brook 8-19-1958 by Ord. No. 465. 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.
A.
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.
B.
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.
C.
No application shall be considered unless the information
requested in the form shall have been fully answered and approved
by the Township Engineer.
A.
When completed, the application shall be filed in
the office of the Township Clerk and shall have attached to it the
following addenda:
(1)
Permit fee in cash or certified check as provided for by § 73-5A hereof.
[Amended 3-26-1987 by Ord. No. 945]
(2)
A route map indicating the specific streets and exact
route suggested to be used and followed during such moving.
(3)
The written consent of the proper county or state
authorities in the event such route shall include a county or state
highway.
(4)
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.
(5)
Proof that all outstanding taxes and assessments levied
against the land and building by the Township of Saddle Brook have
been paid.
B.
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.
A.
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]
B.
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:
A.
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.
B.
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:
(1)
Notification of the Township Engineer 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 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 $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.
(2)
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.
(3)
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.
C.
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 $50,000/$100,000 for personal injury and
$25,000 for property damage, and with limits of $50,000/$100,000 for
public liability for personal injury and $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.
D.
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 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[1] so far as the same may be applicable.
[1]
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.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
Meanings shall be the same as such words are defined in the
Building Code of the Township of Saddle Brook.[1]
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.
[1]
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 $200 or be imprisoned
in the county jail for not more than 90 days, or both, in the discretion
of the aforesaid Judge.
