[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette; amended in its entirety 5-6-2013 by Ord. No.
2013-05 (1120). Subsequent amendments noted where
applicable.]
No person, firm, partnership, association, corporation, company
or organization of any kind (hereinafter referred to as "person")
shall move any building over, along or across any highway or street
in the Borough of Lavallette or obstruct any highway or street, including
right-of-way, in the Borough of Lavallette with a temporarily relocated
commercial, residential or historic structure without first obtaining
a permit from the Code Enforcement Officer.
A person seeking issuance of a permit hereunder shall file an
application for such permit with the Code Enforcement Officer as follows:
A.
Form.
The application shall be in writing, upon forms provided by the Borough,
and shall be filed in the office of the Code Enforcement Officer.
B.
Content.
The application shall set forth the following:
(1)
A description of the building proposed to be moved, giving street
number, construction, materials, dimensions, number of rooms and condition
of the exterior and interior.
(2)
A description from the Municipal Tax Map of the lot and block where
the building is located.
(3)
A description from the Municipal Tax Map of the lot and block to
which the building is to be moved.
(4)
The portion of the lot to be occupied by the building when moved.
(5)
The highways or streets over, along or across which the building
is proposed to be moved.
(6)
The proposed moving date and hours.
(7)
Any additional information which the Code Enforcement Officer shall
find necessary to determine whether a permit should issue.
C.
Accompanying
papers.
(1)
Tax certificate. If the building to be moved is located in the Borough
of Lavallette, the owner of the building shall file with the application
sufficient evidence that all municipal taxes have been paid in full
with respect to the lot from which the building is to be removed.
(2)
Certificate of ownership. The applicant, if other than the owner
of the property from which the building is being removed, shall file
with the application a written statement or bill of sale signed by
the owner or other sufficient evidence that the applicant is entitled
to move the building.
(3)
A sketch of the work site, in quadruplicate, indicating the following:
(a)
The exact location and dimensions of all openings to be made
or areas to be occupied.
(b)
The specific installations to be made, if any, in the public
right-of-way.
(c)
The dimension of all areas in the public right-of-way to be
occupied as well as pavement dimension to the opposing edge of pavement.
(d)
The types of proposed traffic control devices to be utilized
for the projects, said devices to be in conformity with the guidelines
set forth in the Manual of Uniform Traffic Control Devices, current
edition.
(e)
A line and grade plan showing the proposed work, including its
exact location with respect to the nearest street intersection or
some other fixed and prominent object, as well as its width and relationship
to the grade of the street and all immediately adjacent property.
(f)
A projected time during which the temporarily relocated commercial,
residential or historic structure shall be moved into the public right-of-way
and shall occupy the public right-of-way during reconstruction or
renovation, which time shall not exceed four calendar days measured
from 7:00 a.m. on the proposed first day of such temporary relocation.
(g)
The applicant or the applicant's designated contractor
shall, prior to the commencement of any work hereunder, furnish the
Borough of Lavallette with satisfactory evidence in writing that the
applicant or contractor has in force and will maintain in force, during
the performance of the work and the period of the permit, public liability
insurance of not less than $500,000 for any one person and $1,000,000
for any one accident and property damage insurance of not less than
$50,000 duly issued by an insurance company authorized to do business
in this state. The Borough of Lavallette and its Borough Engineer
shall be named as additional insureds.
(h)
In cases where the character or nature of the proposed work
is such as to present an unusual hazard or a higher-than-normal risk
of damage or injury, the Borough Council may require provision of
increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability in the informed
opinion of the Code Enforcement Officer or other Borough Official
shall be referred by the Borough Clerk for the consideration of the
governing body prior to the issuance of a permit.
(i)
Any other information that the Code Enforcement Officer deems
necessary in order to determine whether the work will comply with
this chapter.
D.
Fee.
The application shall be accompanied by a permit fee as follows:
(1)
The permit fee for moving a building from a location outside of the
Borough into the Borough of Lavallette shall be $500.
(2)
The fee for moving a building from one location in the Borough to
another location within the Borough of Lavallette shall be $500.
(3)
The fee for temporarily relocating a commercial, residential or historic
structure moved into the public right-of-way during reconstruction
or renovation shall be $500.
Upon receipt of an application, it shall be the duty of the
Superintendent of Public Works to review the permit application and
determine the feasibility of moving the building over the route described
in the application or the feasibility of temporarily occupying all
areas in the public right-of-way after determining the remaining public
right-of-way to the opposing edge of pavement. If the route is unsatisfactory
or the area proposed to be occupied in the public right-of-way will
obstruct public passage along the highway or street where the temporarily
relocated commercial, residential or historic structure will be located,
or will otherwise present a risk of harm to the public, the Superintendent
of Public Works shall notify the applicant within 10 days of the date
on which the permit was filed. In addition to the permit fee for moving
buildings, the Code Enforcement Officer shall assess and receive,
before the moving permit is issued, a sum of money sufficient to cover
the cost of removing, repairing and replacing electric wires, street
lamps, utility lines, fixtures, shade trees and any and all Borough
property which might be damaged, disturbed or required to be relocated
in the course of moving the building, which shall be determined by
the Superintendent of Public Works, Borough Engineer, Construction
Official and/or other official of the Borough's municipal utilities,
as the case may be.
The Code Enforcement Officer shall refuse to issue a permit
if he/she finds:
A.
That
any application requirement or any fee or deposit requirement has
not been complied with.
B.
That
the building is too large to move without endangering persons or property
in the Borough.
C.
That
the building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it could not be moved without
endangering persons or property in the Borough.
D.
That
the applicant's contractor's or subcontractor's equipment
or proposed method for temporarily relocating a commercial, residential
or historic structure moved into the public right-of-way during reconstruction
or renovation is unsafe and that persons or property would be endangered
by its use.
E.
That
zoning or other ordinances would be violated by the building in its
new location.
A.
The
Code Enforcement Officer shall deposit all fees and deposits with
the Borough Treasurer.
B.
Return
upon nonissuance. Upon refusal of the Code Enforcement Officer to
issue a permit, the Borough Treasurer shall return to the applicant
all fees and deposits.
C.
Upon
the issuance of a permit and completion of moving the building or
termination of any temporary relocation of a commercial, residential
or historic structure moved into the public right-of-way during reconstruction
or renovation, the Superintendent of Public Works shall prepare a
written statement of all expenses incurred in moving, repairing or
replacing Borough property damaged or disturbed in the course of moving
the building. If such sum is less than the deposit made by the applicant,
the excess sum shall be returned to the applicant. If the expenses
exceed the deposit made by the applicant, the applicant shall be responsible
to pay for such deficiency. All permit fees deposited with the application
shall be retained by the Borough.
A.
The applicant shall keep all trenches and/or street openings or site
of the temporarily relocated commercial, residential or historic structure
within the public right-of-way properly guarded through the use of
breakaway barricades, flashing lights, signs and reflectorized drums
consistent with the Manual on Uniform Traffic Control Devices. The
applicant shall maintain one lane of traffic in each direction, except
in the immediate vicinity of the excavation and only during the duration
of the permitted work. In the vicinity of the excavation, one lane
shall be kept open and alternated in the direction of traffic through
use of uniformed traffic directors. While the work is in progress,
uniformed traffic directors shall be provided at all times from 7:00
a.m. to 7:00 p.m. Flashing lights or reflectorized drums shall be
provided from 7:00 p.m. to 7:00 a.m. and shall clearly delineate the
single lane of travel designated during the permitted work. Also,
a forty-eight-inch-by-forty-eight-inch W20-1F "Construction Ahead"
sign and a forty-eight-inch-by-forty-eight-inch W20-7A(S) "Flagman
Ahead" sign shall be installed in each direction as advance warning
sign placement in accordance with the following:
(1)
Urban low speed, 40 mph or below: 600 feet and 500 feet, respectively,
between signs.
(2)
Urban high speed, 45 mph or above: 850 feet and 500 feet between
signs.
(3)
If the street upon which the work to be performed, or where the temporarily
relocated commercial, residential or historic structure is moved into
the public right-of-way during reconstruction or renovation, is a
dead-end street or is less than 600 feet long, the applicant shall
post such signs at the intersection or intersections of the street
with any intersecting highway or street.
B.
At the expiration of the permitted four-day period of operation or
temporary relocation, the applicant shall return the roadway to operation
of one lane of traffic in each direction.
C.
No excavation within and/or immediately adjacent to roadways available
to traffic shall remain open overnight.
D.
No person, firm, partnership, association, corporation, company or organization of any kind (hereinafter referred to as "person") shall move any building over, along or across any highway or street in the Borough of Lavallette, or obstruct any highway or street, including right-of-way, in the Borough of Lavallette with a temporarily relocated commercial, residential or historic structure, during the Summer Beach Season as designated by the Mayor and Council pursuant to §§ 7-8 and 7-14 of the Ordinances of the Borough of Lavallette.
E.
It shall be the duty of the applicant to properly guard any excavation,
storage piles, material or temporarily relocated structures by the
erection of suitable barriers by day and lights by night or by warning
signs and watchmen if deemed necessary by the Superintendent of Public
Works or his/her designee. The applicant shall be liable for any neglect
to safeguard the traveling public. If the excavation extends the full
width of the road, only 1/2 of it shall be made at one time and shall
be backfilled before the other 1/2 is excavated, so as not to interfere
with traffic. In any other case, there shall be maintained at all
times a roadway of at least 18 feet in width.
F.
When an applicant is obligated to supply uniformed police officers on the job site as a condition of his permit, all arrangements shall be made through the Traffic Safety Division of the Lavallette Police Department, which shall assign the officers 48 hours in advance of the commencement of work on the project in accordance with procedures set forth in § 48-26 of the Ordinances of the Borough of Lavallette.
G.
Indemnity. In accepting a permit, the applicant shall be deemed to
have agreed to indemnify and save harmless the Borough of Lavallette,
its elected and appointed officials and employees from and against
any and all loss, costs or damages incurred by reason of any damage
to any property, injury to any person or any loss of life resulting
from any negligence of the applicant, its contractors, agents or servants
in performing the work covered by the permit.
Any person, firm or corporation that shall be convicted of a
violation of a provision of this chapter shall, upon conviction thereof
by any court authorized by law to hear and determine the matter, be
subject to a fine of no less than $100 and no more than $1,000, imprisonment
not to exceed 90 days or community service of not more than 90 days,
or any combination of fine, imprisonment and community service, as
such court in its discretion may impose. Each day that such violation
exists shall constitute a separate offense and continuing violation
of this chapter.
