[HISTORY: Adopted by the Township Committee of the Township of Hampton
during codification 4-30-1974 (see Ch. 1, General Provisions, Art. III). Amendments
noted where applicable.]
A.
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.
B.
BUILDING
BUILDING INSPECTOR
PERSON
TOWNSHIP
Definitions. For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meaning given herein:
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 and whose height does not interfere with existing overhead power
lines (but in no case exceeds eight feet) and whose weight is not greater
than 2,500 pounds.
The Building Inspector of the Township of Hampton.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Township of Hampton, County of Sussex, State of New Jersey.
No person shall move any building over, along or across any highway,
street or alley in the township without first obtaining a permit from the
Building Inspector.
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 present location, construction materials, dimensions, number of rooms
and condition of exterior and interior.
(2)
If a building presently erected in the township, a legal
description of the lot from which the building is to be moved, giving the
lot and block number.
(3)
A legal description of the lot to which it is proposed
such building be removed, giving lot and block number, if located in the township.
(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 hour.
(7)
Complete names and addresses of all persons involved
in such moving and a complete list of all telephone numbers where all such
persons can be contacted 24 hours of the day for the entire period of the
moving in the Township of Hampton.
(8)
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
township 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.
(3)
Disconnecting utilities. Applicant shall submit evidence
that all utility services, including water, gas, electricity and sewer, have
been disconnected.
D.
Fee. The application shall be accompanied by a permit
fee in the amount of $100.
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 township may sustain by reason of damage
or injury to any highway, street or alley, sidewalk, fire hydrant or other
property of the township, which may be caused by or be incidental to the removal
of any building over, along or across any street in the township, and to cover
any cost and expense incurred by the township 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 and in form approved
by the Township 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 Township
of Hampton as a coinsured along with the applicant and provide indemnification
of the township 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 township.
A.
Fees and deposits.
(1)
Deposit. The Building Inspector shall deposit all fees
and deposits with the Township Treasurer.
(2)
Return upon allowance for 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 township and of all material 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 township. The Mayor shall authorize the Building
Inspector to return to the applicant all deposits after the Township Treasurer
deducts the sum sufficient to pay for all of the costs and expenses and for
all damage done to property of the township by reason of the removal of the
building. Permit fees deposited with the application shall not be returned.
B.
Designated streets for removal. The Building Inspector
shall procure from the Township Engineer a list of designated streets over
which the building may be moved. The Building Inspector shall have the list
approved by the Township Committee and shall reproduce the list upon the permit
in writing. In making their determinations, the Township Engineer and the
Township Committee shall act to assure maximum safety to persons and property
in the township and to minimize congestion and traffic hazards on public streets.
C.
Inspection of route. Upon submission of the application,
the Building Inspector shall, with the Road Foreman and a qualified tree surgeon,
inspect the route as designated to ascertain the extent of the possible damage,
if any, to the trees, roads or any other public property along said route,
and if the Building Inspector in his discretion finds that there will be or
could be an excessive or undue amount of damage, he is hereby empowered to
deny the application. The applicant may then take the matter to the Township
Committee of the Township of Hampton for further consideration. If there are
parts of a tree to be removed or any damage might occur to any tree, then
the removal must be done by a qualified tree surgeon and any damage must be
corrected and properly treated by a qualified tree surgeon. The cost of said
tree surgeon for the inspection, removal and treatment must be paid for by
the applicant.
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 of 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 township 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 at all times erect
and maintain barricades across the street in such manner as to protect the
public from damage or injury by reason of the removal of the building, and
before a building shall be permitted to stand on any street, approval of location
shall be secured from the Mayor of the township. However, no building shall
remain on any street in the Township of Hampton unless and until it has specific
approval to so remain by the Mayor, and the applicant must be notified and
receive approval on or before 2:00 p.m. of the night on which the applicant
is going to leave the building standing on the street. Should permission not
be granted in writing from the Mayor and should the applicant leave said building
on the street, then the township shall have the right to immediately take
the necessary steps to remove the building, and all costs, charges and fees
incurred thereby shall be chargeable to the applicant.
E.
Street occupancy period. Remove the building from the
township streets after two days of such occupancy, unless an extension is
granted by the Township Committee.
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,
before the excavation is filled, the cellar bottom shall be removed and all
cesspools, septic tanks and cisterns shall be properly filled.
A.
Enforcing officers. The Building Inspector and such other
township officer as the Township Committee may designate shall enforce and
carry out the requirements of this chapter.
B.
Permittee liable for any expense in excess of deposit.
The permittee shall be liable for any expense, damages or costs in excess
of deposited amounts or securities, and the Township Attorney shall prosecute
an action against the permittee in a court of competent jurisdiction for the
recovering of such excessive amounts.
C.
Original premises left unsafe. The township 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.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $500 or imprisonment for a term not to exceed 90 days, or both.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
