[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverton 8-13-64 by Ord. No. 273. Amendments noted where applicable.]
It shall be unlawful for any person to move,
to commence to move or cause to be moved any dwelling, residence building,
business building or other building upon, over and through the streets
or other public ways and lands in the Borough of Riverton without
first having obtained a written permit so to do in the manner hereinafter
prescribed.
A.
Application for said permit shall be made in writing
to the Borough Clerk upon forms supplied by the Borough of Riverton
and obtainable at the office of the Borough Clerk.
B.
The application shall be signed by the owner of the
building to be moved and the person to be entrusted with the moving
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 Building Inspector.
When completed, the application shall be filed
in the office of the Borough Clerk and shall have attached to it the
following addenda:
A.
The permit fee in the sum hereinafter provided by
cash or certified check.
B.
A route map indicating the specific streets and exact
route suggested to be used and followed during such moving.
C.
The written consent of the proper county or state
authorities in the event such mutes shall include a county or state
highway.
D.
The consent in writing of any public utility, as that
term is defined by N.J.S.A. 48:1-1 et seq.,[1] 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 moving of said
house, dwelling, residence building or business building.
[1]
Editor's Note: See especially N.J.S.A. 48:2-13.
E.
Proof that all outstanding taxes and assessments,
if any, levied against the land and building by the Borough of Riverton
have been paid.
[Amended 11-14-1974 by Ord. No. 315]
When the application has been filed with the
addenda hereinbefore specified, the Borough Clerk shall notify the
Building Inspector, Tax Collector, Police Department and the Shade
Tree Board that such application has been filed and request each department
to immediately cause an inspection to be made of such building, the
street route and proposed sites, and to report in writing to the Borough
Clerk of any objection to moving by reason of sewer and house connection
to the water and sewer mains, interference with shade trees, streets,
traffic and any other public or private property along the route;
and whether it be 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 building; and to report where public safety and
welfare require the owner to fill in open excavations.
The fee for a permit to move each building upon,
over and through the streets or other public ways in the Borough of
Riverton shall be $50, which fee is imposed to defray the cost of
issuing said permit and the inspections and for no other purpose.
One-half of such fee shall be returned to the applicant in the event
the permit is not granted.
If the application has been completed and filed, together with the items specified in § 57-3 thereof, and there are no objections to the granting of the moving permit by any of the municipal departments mentioned in § 57-4 hereof, the Borough Clerk shall notify the applicant that a permit will be issued, provided the applicant shall file with the Borough Clerk:
A.
An agreement in writing to be signed by the owner
and house mover whereby, in consideration of the issuance of the permit,
they will cooperate with and abide by such directives as may be issued
by the Building Inspector, Police Department and Shade Tree Board
of the Borough of Riverton with respect to such moving operations.
[Amended 11-14-1974 by Ord. No. 315]
B.
A surety bond of a corporation authorized to do business
in the State of New Jersey in the principal sum of $10,000 and form
to be approved by the Township Attorney conditioned upon:
(1)
Notification of the Borough Clerk 48 hours in advance
of the time of the commencement of the operation to remove the building
and diligent completion of 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 Borough of Riverton the sum of $100 per day for
each day, or part of day, such period of time is exceeded. Such sum
is declared to be the reasonable cost of supervision and inspection
while such building shall remain in the public streets of the Borough
of Riverton.
(2)
An agreement to reimburse the Borough of Riverton
for any expense which might be incurred to repair damage suffered
to public property by reason of such moving.
(3)
Specifically indemnifying and saving harmless the
Borough of Riverton, its agents, servants and employees against every
loss, expense, damage and liability by reason of granting such permit
and such moving operation.
C.
Certificates of policies of insurance for vehicles
and apparatus used in the operation in the name of the owner and house
mover with limits of $50,000/$100,000 for personal injury and $25,000
for property damage, with contingent public liability coverage with
the same limits in favor of the Borough of Riverton, either by endorsement
to the aforesaid policy or by separate policy, which shall remain
in full force and effect during the moving operation.
[Amended 11-14-1974 by Ord. No. 315]
D.
A deposit in cash or by certified check representing the estimated cost to the Borough of Riverton for the work referred to in § 57-4 hereof, which sum shall be applied on account to 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 Borough of Riverton shall refund any difference should the actual cost be less than the estimated cost.
[Amended 11-14-1974 by Ord. No. 315]
If such permit is denied by the Borough Clerk
by reason of objections raised by the Building Inspector, Police Department
or Shade Tree Board, the applicant may request that the application,
with supporting addenda, be submitted for consideration by the Borough
Council.
Said 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 Borough of Riverton.
[Amended 11-14-1974 by Ord. No. 315]
The cutting, trimming or removal of any tree
shall be done only under the direction of the Shade Tree Board,[1] who shall determine the extent to which cutting, trimming
or removal of trees is necessary.
During the hours between sunset and sunrise,
every such 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 the New Jersey Revised Statutes 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 Borough of Riverton that are involved, public
utility, county or state, as the case may be.
No dwelling, residence building, business building
or other building shall be moved to a site where such building, if
put in place on the new site, would be in violation of the Zoning
Ordinance of the Borough of Riverton and/or the Building Code of the
Borough of Riverton.[1]
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 throughfare dedicated or devoted to public use,
and includes avenue, road, alley, lane, terrace, concourse, driveway
and sidewalk.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof before the Judge of the
Riverton Municipal Court, be fined not more than $200 or be imprisoned
in the county jail for not more than 90 days, or both, at the discretion
of the aforesaid Judge.
