Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 3-11-1968 by Ord. No. 6-68 (Art. 41 of the 1970 Revised Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
A. 
Definitions. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein:
BOROUGH
The Borough of Madison, County of Morris, State of New Jersey.
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 feet wide in any side horizontal dimension, the height of which does not interfere with existing overhead power lines but in no case exceeds eight feet and the weight of which is not greater than 2,500 pounds.
BUILDING INSPECTOR
The Building Inspector of the Borough of Madison.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
[Amended 6-14-1976 by Ord. No. 15-76]
No person shall move any building over, along or across any highway, street or alley in the Borough without first obtaining a permit from the Building Inspector, as provided in the Building Code of the Borough of Madison[1] and this chapter.
[1]
Editor's Note: See Ch. 75, Building Construction.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
A. 
Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector.
B. 
Contents. The application shall set forth:
(1) 
A description of the building proposed to be moved, giving the street number, the construction materials, the dimensions, the number of rooms and the condition of the 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 Borough.
(3) 
A legal description of the lot to which it is proposed such building be removed, giving the lot and block number, if located in the Borough.
(4) 
The portion of the lot to be occupied by the building when moved.
(5) 
The highways, streets and alleys over, along or across which the building is proposed to be moved.
(6) 
Proposed moving date and hours.
(7) 
Any additional information which the Building Inspector shall find necessary to a fair determination of whether a permit should issue.
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 Borough 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.
D. 
Disconnecting utilities. The applicant shall submit evidence that all utility services, including water, gas, electricity and sewer, have been disconnected.[1]
[1]
Editor's Note: Original § 41.3(4), which immediately followed this subsection and set forth the permit fee, was deleted 6-14-1976 by Ord. No. 15-76. See now Ch. 75, Building Construction.
Upon receipt of an application, it shall be the duty of the Building Inspector to procure from the Borough Engineer and Borough Water and Light Department an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps or pole lines belonging to the Borough or any other property of the Borough, the removal and replacement of which will be required by reason of the moving of the building through the Borough, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expenses.
An application hereunder shall be accompanied by the following:
A. 
Cash deposit. A cash deposit in the sum of $2,500 as an indemnity for any damage which the Borough may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the Borough, which may be caused by or be incidental to the removal of any building over, along or across any street in the Borough and to cover any cost and expense incurred by the Borough in connection with the moving of the building in question.
B. 
Insurance policy. An insurance policy issued by an insurance company authorized to do business in the State of New Jersey, in a form approved by the Borough Attorney, providing personal and property liability coverage in the respective amounts of $500,000 per accident and $300,000 per person and $50,000 per accident on property. Said policy shall name the Borough of Madison as a coinsured along with the applicant and provide indemnification of the Borough 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 Borough.
The duties of the Borough Inspector shall be as follows:
A. 
Fees and deposits.
(1) 
Deposit. The Building Inspector shall deposit all fees and deposits with the Borough Treasurer.
(2) 
Return upon allowance or expense. After the building has been removed the Building Inspector shall furnish the Mayor with a written statement of all expenses incurred in removing and replacing all property belonging to the Borough and of all materials used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the Borough. The Mayor shall authorize the Building Inspector to return to the applicant all deposits after the Borough Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Borough by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
B. 
Designation of streets for removal. The Building Inspector shall procure from the Department of Public Works a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations, the Borough Engineer, the Borough Water and Light Department and the Chief of Police shall act to assure maximum safety to persons and property in the Borough and to minimize congestion and traffic hazards on public streets.
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 as to revised moving time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application.
C. 
Notify of damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the Borough within 24 hours after the damage or injury has occurred.
D. 
Display lights. Cause red lights to be displayed during the nighttime 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. Before a building shall be permitted to stand overnight on any street, approval of location shall be secured from the Chiefs of the Police and Fire Departments of the Borough.
E. 
Remove building from street. Remove the building from the Borough streets after four days of such occupancy, unless an extension is granted by the Borough Council.
F. 
Comply with governing law. Comply with the Building Code, the Fire Zone Ordinance, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Borough.[1]
[1]
Editor's Note: See Ch. 75, Building Construction, Ch. 103, Fire Zones, and Ch. 195, Zoning.
G. 
Pay expense of officer. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movement of the building to protect the public from injury.
H. 
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, that before the excavation is filled, the cellar bottom shall be removed.
A. 
Enforcing officers. The Building Inspector 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 expenses, damages or costs in excess of deposited amounts or securities, and the Borough Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
C. 
Original premises left unsafe. The Borough shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the cash deposit.
[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.