[HISTORY: Adopted by the Township Committee of the Township of Middle 10-5-1989 as Ord. No. 696-89. Section 94-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 100.
Uniform construction codes — See Ch. 112.
Fire prevention — See Ch. 142.
Subdivision of land and site plan review — See Ch. 218.
Zoning — See Ch. 250.
Fees — See Ch. A285.
For the purpose of this chapter, the following terms, phrases and words shall have the meanings hereinafter designated:
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. Any structure having less than 100 square feet of floor area shall be exempt from the provisions of this chapter.
CONSTRUCTION OFFICIAL
The Construction Official of the Township of Middle, County of Cape May, State of New Jersey.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any type.
PLANNING BOARD
The Planning Board of the township of Middle.
TOWNSHIP
The Township of Middle, County of Cape May, State of New Jersey.
[Amended 4-17-2000 by Ord. No. 1051-2000; 6-5-2000 by Ord. No. 1055-2000]
No person shall move any building over, along or across any highway, street or public way in the township without first obtaining a permit from the Construction Official. If the building is being moved through the township but was not previously located in the township and is not being relocated in the township, a building transit permit shall be required; a fee of $500 must be paid; the route, date and time of moving must be approved by the Township Police Department; and the building shall not be parked or stored within the township.
No building shall be parked or stored within the confines of the Township of Middle for a term exceeding 24 hours. It is the intention of this chapter that no building under transit shall remain unattached to a fixed foundation within the confines of the Township of Middle for more than 24 hours.   Final masonry work must be completed within 10 days of the placement of the building on the foundation.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Construction Official, which said application shall be in writing on forms provided by the Construction Official. The application shall set forth:
A. 
A description of the building proposed to be moved, including the construction materials, dimensions, number of rooms and the condition of the exterior and interior.
B. 
A description of the lot from which the building is to be moved, giving the lot and block, street address and municipality.
C. 
The highways, streets and alleys over, along or across which the building is proposed to be moved.
D. 
The proposed moving date and hours.
E. 
The name and address of the person who shall perform the moving of the building and who shall be responsible for placing security for damages, etc.
F. 
The block and lot numbers and street address of the lot to which the building is to be moved.
G. 
A statement as to whether the building is intended to be used as a principal residence of the applicant.
H. 
Any additional information which the Construction Official and/or the Planning Board finds necessary to a fair determination of whether a permit should be issued.
The following shall be filed with the application:
A. 
Sufficient evidence that the building and lot from which it is to be removed are free of any legal entanglements and that all taxes and any municipal charges against the same are paid in full, evidenced by the Municipal Clerk's and Municipal Tax Collector's signatures on the application form.
B. 
A 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.
C. 
Certification to the township by a licensed pest control specialist that no vermin or rodent infestation exists in the building or that sufficient approved control measures have been taken to eliminate and prevent the spread of any infestation which may exist.
[Amended 4-17-2000 by Ord. No. 1051-2000]
D. 
A nonrefundable building moving application fee in the amount of $1,000 together with the application and escrow fees for the minor site plan shall accompany the building moving application.
[Amended 4-17-2000 by Ord. No. 1051-2000]
E. 
Sealed architect's plans. The applicant shall provide sealed architect's plans for the building proposed to be moved, prepared by a licensed architect of the State of New Jersey. Said plans shall include but not be limited to floor plan, electrical layout, plumbing layout, window and door schedule. Additionally, the architect shall provide written certification verifying the structural stability of the building to be moved and that the structure meets or exceeds the most recent BOCA Code requirements. Said certification shall also include a list of proposed upgrading measures together with a completion schedule. Said architect certification shall also certify that the building has no problems associated with water damage, with particular reference to mold, mildew, wet insulation, bacteria, and damage to the electrical system. These items must be submitted to the Construction Official and the Township Engineer for their review and approval. If the building in any way fails to comply with the mandated codes, then the architect shall provide specific details as to the measures to be taken and the time period within which they are to be completed. The applicant shall secure performance bond in the amount certified by the Township Engineer as necessary to complete the proposed repairs. The form of the performance bond shall be subject to the approval of the Township Solicitor.
[Amended 4-17-2000 by Ord. No. 1051-2000]
F. 
Pictures. Persons seeking the issuance of a permit shall file with the Construction Official pictures of all the exterior parts of the building that is to be moved.
G. 
Plans. Applicants must also file with the Construction Official a plot plan of the premises to which the building is proposed to be moved and placed. All plans shall be based on accurate information at a scale of not less one inch equals 100 feet. They shall be drawn by a licensed New Jersey professional engineer or land surveyor and shall show or include the following information:
(1) 
Location and key map: the entire tract to which the structure is to be moved, giving the accurate location of all street lines and including a key map at a scale of one inch equals not more than 1,000 feet. If the applicant can demonstrate that a survey of the entire tract would be a hardship, this requirement may be waived by the Township Engineer.
(2) 
Zoning: the zoning classification of the premises and of the adjacent land.[1]
[1]
Editor's Note: See Ch. 250, Zoning.
(3) 
Structures, wooded areas and topography: the location of existing and proposed houses, structures, wells and septic systems, with accurate dimensions from all applicable lot lines; wooded areas; and the topography within the portion to be used and within 50 feet thereof at contours of two feet.
(4) 
The delineation of wetland areas and a notation of their location in a flood hazard zone, if applicable.
(5) 
Owners: the names of the owner, all adjoining property owners and those across streets as disclosed by the most recent municipal tax records.
(6) 
Identity: the Tap Map sheet, date of revision and block and lot numbers.
(7) 
Streets, easements, watercourses and rights-of-way: the location of streets, roads, easements, utility services and driveways, public rights-of-way, streams, bridges, culverts, drainage ditches and natural watercourses in and within 50 feet of the premises in question.
(8) 
Lots: lot layout, lot dimensions, all required setback lines and the lot area in square feet and acreage.
(9) 
Percolation tests: if individual sewage disposal systems are proposed, the location of all percolation tests and test results, including those that failed and soil logs.
(10) 
The date of original preparation and the date of revision, if any, of the plan as well as the old name if submitted previously under a different title.
H. 
Report by Construction Official. The Construction Official or his designated representative shall inspect the building proposed to be moved and issue a report to the Planning Board of all relevant information concerning the same.
I. 
Certification by mover. The Construction Official or his designated representative shall review information which must be supplied by the mover as to the name and address of the business entity, the insurance coverage (including workmen's compensation) in effect, the number of employees, the equipment and vehicle list, any past experience at moving buildings and such additional information as the Construction Official or the Township Engineer shall deem relevant. The Construction Official and/or the Township Engineer or his/their designated representative shall issue a report to the Planning Board concerning this information.
J. 
Notice to adjacent lot owners. Any person seeking issuance of a permit shall give 10 days' prior written notice to all landowners within a radius of 1,000 feet of the location upon which any building is to be placed, which notice shall state the time and place when the Planning Board shall determine whether or not a permit shall be issued. Such notification shall be by certified mail, with return receipt requested. No such notice to adjoining property owners shall be served by an applicant until the date for the hearing on his application shall be specifically designated by the Secretary of the Planning Board and he is so notified.
K. 
Certification of engineer. The applicant must provide a written certification by a professional engineer verifying that the structure is asbestos free and contains no hazardous materials. If asbestos or such materials are contained upon such premises, the materials shall be identified and the location noted in any certification submitted. A plan providing for the renewal of the asbestos shall be submitted for approval by the Township Construction Official and the asbestos shall be removed before the structure is relocated in Middle Township.
[Added 4-17-2000 by Ord. No. 1051-2000]
L. 
The applicant shall submit copies of all necessary permits including the following:
(1) 
Well and septic permit issued by the proper agency.
(2) 
Permit to remove the building from its present location.
(3) 
Permit from the appropriate agencies to allow the building to be moved along its highways.
(4) 
Permit from the respective utility companies for disruption of service along the building route.
  In the event that the aforedescribed permits are not in the possession of the applicant at the time of a hearing, then any approval shall be expressly conditioned upon the production of same. No permit shall be issued until all such approvals are produced.
[Added 4-17-2000 by Ord. No. 1051-2000; amended 6-5-2000 by Ord. No. 1055-2000]
M. 
If the building to be moved is moved from another municipality, the applicant shall provide a copy of any permit, certifications, and other documentation required by that municipality for the moving of buildings.
[Added 4-17-2000 by Ord. No. 1051-2000]
N. 
Any building moved into the Township of Middle shall contain smoke detectors which comply with the current state of the law, and the architect shall so certify.
[Added 4-17-2000 by Ord. No. 1051-2000]
A. 
An application shall be accompanied by a cash deposit in an amount determined by the Township Engineer as an indemnity for any cost which the township may sustain by reason of damage or injury to any highway, pathway, fire hydrant, sidewalk, curb or other property of the township which may be caused by or be incidental to the moving of the building over, along or across any street or pathway in the township and to indemnify the township against any claim for damages to persons or private property. No less than 30 days after the moving project is complete, the Township Engineer may, in his sole discretion, authorize refund of the unused portion of the deposit to the applicant if no claims remain outstanding.
[Amended 3-15-1990 by Ord. No. 716-90]
B. 
The application shall also be accompanied by liability insurance issued by a company authorized to do business in the State of New Jersey, under which the township is named as an additional insured. Said insurance shall be in the amount of $750,000 combined single limit. The applicant shall submit evidence that all involved employees are covered by workmen's compensation insurance. Proof of the foregoing shall be by certificate of insurance issued to the township.
[Amended 4-17-2000 by Ord. No. 1051-2000]
C. 
In addition to the foregoing, if the building is to be located within the township, a performance bond to the township shall be required in an amount determined by the Construction Official and/or the Township Engineer as sufficient to bring the building into compliance with all applicable codes and ordinances. The Construction Official and/or the Township Engineer shall note deficiencies and establish a time limit for the applicant's completion of the required work. The performance bond to the township shall reflect the required time period for completion of all required improvements. The bond shall cover all required site improvements as well as actual building improvements. The form of the bond shall be approved by the Township Solicitor.
[Amended 12-7-1989 by Ord. No. 704-89]
A. 
All required applications, information, accompanying proofs, evidence of deposits, evidence of insurance coverage and performance bonds shall be subject to review by the Planning Board at a designated hearing date established by the Planning Board Secretary.
B. 
Standards for issuance. The Planning Board shall refuse to issue a permit if it finds that:
(1) 
Any application fee, bond, deposit, certification or other requirement has not been complied with by the applicant.
(2) 
The building is too large to move without endangering persons or property.
(3) 
The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property.
(4) 
The building is structurally unsafe or unfit for the purpose for which it shall be moved if the new location is in the township.
(5) 
The mover's equipment is unsafe and persons and properties would be endangered by its use.
(6) 
The Zoning Ordinance[1] or other ordinances would be violated by the building in its new location.
[1]
Editor's Note: See Ch. 250, Zoning.
(7) 
For any other reason, persons or property in the township would be endangered by the moving of the building.
(8) 
The building does not satisfy all applicable codes and ordinances and the proposed plan to bring the building into compliance is insufficient, requires too great a period of time and/or is not sufficiently covered by a performance bond to the township.
(9) 
The building does not conform to the general construction standards of the neighborhood to which the building is to be relocated. In such event, the Planning Board may deny the application or, alternatively, issue appropriate conditions to the permit in order to insure the quality of the neighborhood.
[Added 2-2-1998 by Ord. No. 1008-98]
A. 
Fees and deposits.
(1) 
The Construction Official shall file certificates of insurance and performance bonds with the Township Clerk and deposits with the Township Treasurer.
(2) 
Upon the Planning Board's refusal to authorize a permit the Treasurer shall return to the applicant his unused escrow fee. The building moving permit application fee of $1,000 and the applicable site plan application fee shall not be returned unless the permit application is denied, in which event the application fee of $1,000 shall be returned.
[Amended 4-17-2000 by Ord. No. 1051-2000; 6-5-2000 by Ord. No. 1055-2000]
(3) 
After the building has been moved, the Construction Official and/or the Township Engineer shall furnish the Township Committee with a written statement of all costs incurred in removing and replacing all property belonging to the township, together with a statement of all known damages caused to or inflicted upon property belonging to the township. The Township Committee shall authorize the Construction Official to return to the applicant all deposits after the Township Treasurer deducts the sum sufficient to pay for all the costs and expenses and for all damages, if any, done to the property of the township, or to any private property of which the township has been made aware, by reason of the moving of the building. In the event that the sum deposited is insufficient to meet such costs and expenses, the permittee shall be billed for the excess. If he does not pay the amount billed, the township may initiate legal action. The usual township procedures for release of performance bonds shall be followed with regard to such bonds as are required by this chapter.
B. 
Designated streets for removal. The Construction Official shall procure from the Superintendent of Public Works a list of designated streets over which the building may be moved. The list shall be approved by the Chief of Police and reproduced upon the permit, in writing, by the Construction Official. In making their determinations, the aforesaid Superintendent and Police 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. 
Issuance of permits. The Construction Official shall issue a building moving permit when the Planning Board has approved the application after holding a public hearing and after all other requirements for the permit set forth in this chapter have been satisfied by the applicant.
Every permittee shall:
A. 
Use designated streets, moving the building only over streets listed for such use in the written permit.
B. 
Notify the Construction Official and Police Department, in writing, of a desired change in the moving date and hour from that proposed in the application.
C. 
Notify the Construction Official, in writing, of any and all damage done to property belonging to the township or any private owner within 24 hours after the damage or injury has occurred.
D. 
Notify the Construction Official, in writing, within 24 hours of any bodily injuries sustained by any person while moving the building.
E. 
Comply with the Construction Code and all subcodes thereof, the Fire Prevention Code, the Zoning Ordinance, the Site Plan Ordinance[1] and all other applicable ordinances, codes and laws, local, county or state, upon relocating the building in the township.
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform; Ch. 142, Fire Prevention; Ch. 250, Zoning; Ch. 218, Subdivision and Site Plan Review.
F. 
Notify the gas and electric service companies to remove their services and shall also be responsible for taking necessary steps in leaving water, sewage and drainage facilities at the old location of the building in a safe condition.
A. 
The Construction Official, Police Department, Township Engineer, Code Enforcement Officer and Superintendent of Public Works shall enforce and carry out the requirements of this chapter.
B. 
The permittee shall be liable for any expenses, damages or costs in excess of deposited amounts, and, if necessary, the Township Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such amounts.
C. 
Where the original location of the building is within the Township of Middle, the township may proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this section, and the cost thereof shall be charged against the permittee by taking the same from his deposit, if adequate, or by its taking such legal action as may be deemed necessary. The township may enforce the performance bond and/or take such other actions as are deemed necessary to enforce compliance with all codes and ordinances when the building is relocated within the township.
[Amended 4-17-2000 by Ord. No. 1051-2000]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine in an amount not to exceed $1,000 or imprisonment for a term not to exceed 90 days or a period of community service not to exceed 90 days. Each and every day on which a violation of any provision of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[1]
Editor's Note: Amended at time of adoption of Code. (See Ch. 1, General Provisions, Art. I).