[HISTORY: Adopted by the Township Committee
of the Township of Union 6-28-1966 by Ord. No. 2332 (Ch. 203 of the 2004
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes public and private corporations, copartnerships,
firms and individuals.
A highway or thoroughfare dedicated or devoted to public
use and includes avenues, roads, alleys, lanes, terraces, concourses,
driveways and sidewalks.
It shall be unlawful for any person to move
or to demolish, or to commence to move or demolish, or cause to be
moved or demolished, any house, dwelling, residence building or business
building, as hereinafter defined into, upon, over or through the streets,
or other public ways and lands in the Township of Union in the County
of Union, without first having obtained a written permit so to do
in the manner hereinafter prescribed.
[Amended 10-24-1978 by Ord. No. 3338A]
A.
Application for
said permit shall be made in writing to the Construction Code Official
upon forms supplied by the Township of Union in the County of Union
and obtainable at the office of the Construction Code Official.
B.
The application
shall be signed by the owner of the house, dwelling, residence building
or business building to be moved or demolished and the person to be
entrusted with the moving or demolition 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.
[Amended 10-24-1978 by Ord. No. 3338A]
When completed, the application shall be filed
in the office of the Construction Code Official and shall have attached
to it the following addenda:
A.
Whether or not
the application is for removal or demolition.
B.
The permit fee
in the sum hereinafter provided by cash or certified check.
C.
A route map indicating
the specific streets and exact route suggested to be used and followed
during such moving.
D.
The written consent
of the proper county or state authorities in the event such routes
shall include a county or state highway.
E.
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
utilities are to be disturbed or affected in any manner by the demolition
or moving of said house, dwelling, residence building or business
building.
F.
Certification
from the Tax Collector that all taxes and municipal liens have been
paid for the full year in which the permit is issued and for all prior
years.
G.
Plans and specifications
of the building as it will be upon the completion of the moving.
H.
The proposed demolition
or moving date and the hours during which the same shall take place.
I.
Sufficient proof
of the applicant's right to move the same which may be in the form
of a permit from or contract with the owner, or the applicant's deed
and sufficient proof of the applicant's right to place the same upon
the property to which the same is to be moved.
[Amended 10-24-1978 by Ord. No. 3338A; 10-26-2004 by Ord. No. 4842]
When the application shall have been filed with
the addenda hereinbefore specified, the Construction Code Official
shall notify the Superintendent of Public Works, the Health Officer,
the Fire Prevention Bureau, the Township Engineer and the Chief of
the Police Department that such an application has been filed and
requesting each of the foregoing to immediately cause an inspection
to be made of such house, dwelling, residence building or business
building and the street route and proposed site, and to report in
writing within 10 days to the Construction Code Official of any objection
to demolition or moving by reason of sewer and house connection to
the water and sewer mains, interference with shade trees, streets,
traffic and any public or private property along the route, and whether
it is deemed safe to use the proposed route, and if not, to suggest
a better and safer route, and to advise the approximate work which
is necessary in clearing or otherwise preparing said route by the
removal or trimming of trees, 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, residence building or business building.
A.
For a permit for
the removal of a building or structure from one lot to another, the
fee shall be $150.
[Amended 10-26-2004 by Ord. No. 4842]
B.
For a permit for
the removal of a building or structure to a new location within the
same lot, the fee shall be $150.
[Amended 10-26-2004 by Ord. No. 4842]
C.
For a permit for the demolition of a building, the fee shall be as set forth in Chapter 270, Construction Codes, Uniform.
[Amended 10-26-2004 by Ord. No. 4842]
D.
The fee is imposed
to defray the cost of inspections and regulations and for no other
purpose. Such fee shall be returned to the applicant in the event
that the permit is not granted.
[Amended 10-24-1978 by Ord. No. 3338A]
If the application has been completed and filed, together with the items specified in § 240-4 hereof, and there are no objections to the granting of the moving or demolition permit by the Township Engineer, or any of the municipal departments mentioned in § 240-5 hereof, the Construction Code Official shall notify the applicant that a permit will be issued, provided that the applicant shall file with the Construction Code Official:
A.
An agreement in
writing to be signed by the owner and house mover or demolisher 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 Union in the County of Union with regard to such moving or demolition
operations.
B.
A surety bond
of a corporation authorized to do business in the State of New Jersey
in the principal sum of $10,000, the form thereof to be approved by
the Township Attorney conditioned upon notifying the Township Engineer
48 hours in advance of the time of the commencement of the removal
or demolition of the house, dwelling, residence building or business
building and to diligently complete 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 Union in the County of Union
the sum of $100 per day for each day, or part of any day, such period
of time is exceeded, such sum is declared to be the reasonable cost
of supervision and inspection while such house, dwelling, residence
building or business building shall remain in the public streets of
the Township of Union in the County of Union; and to reimburse the
Township of Union in the County of Union for any expense which might
be incurred to repair damage suffered to public property by reason
of such moving; and specifically to indemnify and save harmless the
Township of Union and in the County of Union, its agents, servants
and employees against every loss, expense, damage and liability by
reason of granting such permit and such demolition or moving operation.
Case in lieu of said bond will be acceptable.
C.
Certificates or
policies of insurance for vehicles and apparatus used in the operation
in the name of the owner and house mover or demolisher with limits
of at least $50,000/$100,000 for personal injury and $50,000 for property
damages, with contingent public liability coverage with the same limits
in favor of the Township of Union in the County of Union, either by
endorsement to the existing policies, or by separate policies; which
said endorsements or separate policies shall remain in full force
and effect during the demolition or moving operation.
D.
A deposit by cash or certified check representing the estimated cost to the Township of Union in the County of Union for the work referred to in § 240-8 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 Union in the County of Union shall refund any difference should the actual cost be less than the estimated cost.
[Amended 10-24-1978 by Ord. No. 3338A]
If such permit is denied by the Construction
Code Official, the applicant may file his application, with supporting
addenda, with the Township Committee for consideration by it which
may, in its discretion, reverse the action of the Construction Code
Official and authorize said Clerk to issue said permit.
Said house, dwelling, residence building or
business 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 Union in the County of
Union.
[Amended 10-28-1986 by Ord. No. 3879]
The cutting, trimming or removal of any tree
shall be done only under the direction of the Department of Public
Works, which shall determine the extent to which cutting, trimming
or removal of trees is necessary.
During the hours between sunset and sunrise,
every 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 Title 39 of N.J.S.A., so far as the same may be applicable.
No road bed, pavement, curbing, tree or public
property shall be disturbed by or during such house moving, except
by employees of the Township of Union or of any public utility, county
or state as the case may be.
All sewers shall be completely capped and all
water shut off prior to the actual physical removal or demolition,
and all gas, electric, telephone and other utilities shall likewise
be removed prior to the actual physical removal or demolition.
In the instance of demolition or removal, any
excavation existing at the old site shall be filled within five days
from the completion of demolition or removal from the old site, such
fill shall be clean and free of wood or debris.
The owner of any dwelling to be demolished or
removed shall, during the period between the actual vacating thereof
by the occupants and completion of removal and demolition, cause all
windows and doors to be boarded and otherwise secured.
In the event that there are any other structures
left on any premises after the main building has been demolished or
removed, such other structures shall be likewise demolished or removed
within 10 days after the completion of the demolition or removal of
the main building from the old site and the excavations, if any, filled
as hereinabove set forth. All lots upon which there has been demolition
or removal shall be left in a clean and level condition.
Prior to moving the building, the owner or mover
must notify, in writing, all residents along all streets on the route
that said street will be used for moving and the date thereof, such
notice to be given personally or in the event of a resident not being
at home, by the leaving of an appropriate notice.
Where a portion of a structure, such as an accessory
building or porch or a private garage is to be removed for the purpose
of demolition, renovation, repair or rebuilding, the following shall
pertain:
A.
The owner shall
file an executed affidavit advising that no public utilities are involved.
B.
In the instance
of demolition, the debris resulting therefrom shall not be removed
from the premises, except by being trucked away from said premises
in a covered vehicle.
C.
Approval of the
Board of Health, Fire Prevention Bureau and Construction Code Official
must be filed prior to the issuance of a permit.
D.
Appropriate certificates
of insurance as hereinabove set forth in this chapter shall be filed.
E.
No formal application
for a permit will be required under this section of this chapter;
however, a permit fee of $5 shall be paid to the Township Clerk upon
delivery of the permit.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No.
3998; 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of
this chapter shall, upon conviction therefore, before the Judge of
the Township of Union in the County of Union, be punished by one or
more of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.
