[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Sec. 19-2 of the 1987 Revised General Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 201-69; Ord. No. 178-68]
No person, firm, partnership, association or corporation shall
move any building or structure over, along, on or across the highways
and streets of the Borough if the top of the building or structure,
while in process of moving, is in excess of 18 feet from the surface
of the highway or street along which the same is to be moved, nor
where the width of the building, if the same is being moved, is in
excess of 20 feet.
[Amended by Ord. No. 201-69; Ord. No. 178-68; Ord. No. 1987-8]
No person, firm, partnership, association or corporation shall
move any building or structure over, along, on or across any highway
or street in the Borough without first obtaining a permit therefor
from the Construction Official. Application for any such permit shall
set forth or be accompanied by:
A.
A description of the building to be moved, giving street number,
construction, material, dimensions, number of rooms and condition
of exterior and interior.
B.
A legal description of the lot to which the same is to be moved,
giving the lot and block number as shown on the Borough Tax Map, if
the same be located within the Borough.
C.
The space or portion of the lot to be occupied by the building after
the removal.
D.
Enumeration of the highways and streets over, along, on and across
which the building is proposed to be moved.
E.
The proposed moving date and hours, the hours of which shall be within
the hours as hereinafter specified.
F.
The height before moving of the building or structure from the ground
on which it stands.
G.
The name and address of the person or contractor who is to perform
the moving.
H.
Sufficient proof of the applicant's right to have 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.
I.
Written consent of any public utilities whose property, poles, wires,
appurtenances and structures will have to be temporarily disturbed
or disconnected by reason of such moving.
J.
Proof that any and all taxes and municipal liens on and against the
building or structure to be moved have been fully paid.
K.
Any additional information which the Construction Official shall
find necessary or advisable in order to issue a permit.
[Amended by Ord. No. 1987-8]
On receipt of the application, the Construction Official shall
procure an estimate of the expense to be incurred in removing and
replacing any electric wires, street lamps, poles, pole lines and
any other property of the Borough, the removal and replacement of
which will be required by reason of any such moving, together with
the cost of any materials necessary in making such removals and replacements.
Prior to the issuance of any permit, the Construction Official shall
require the applicant to deposit a sum of money equal to twice the
amount of the estimated expense which will be incurred by the Borough
under this chapter.
[Amended by Ord. No. 1987-8]
The applicant, in the event a permit is granted, shall obtain
and file with the Construction Official a bond to be approved as to
form by the Borough Attorney, executed by the applicant, as principal
and by a bonding or surety company, authorized to do business in the
State of New Jersey, as surety in such reasonable amount as the Construction
Official shall determine to protect the Borough and other persons
from any and all injuries to persons and damages to property caused
by such moving. Such bond shall run to the Borough for its own use
and benefit and for the use and benefit of any person or persons intended
to be protected.
[Amended by Ord. No. 1987-8]
On receipt of any application, the Construction Official shall
examine the same to determine whether the requirements of this chapter
have been complied with as to form of the application, and the Construction
Official shall refuse to issue a permit if he finds:
A.
That any application or any fee or deposit, or bond requirement herein
required has not been complied with.
B.
That the building is in excess of the height and width, when being
moved, as elsewhere hereinabove required.
C.
That the building is in such a state or condition as to make unsafe
its moving without endangering persons and property.
D.
That the building is structurally unsafe or unfit for the purpose
to which it is being moved.
E.
That the equipment to be used by the applicant in moving the same
is insufficient or unsafe and that persons or property would be likely
to be endangered by its use.
F.
That zoning or other ordinances of the Borough would be violated
by the placing of the building in its new location.
G.
That for any other reason persons or property within the Borough
might be endangered by the moving applied for.
H.
That the reasonable flow of traffic within the Borough would be unduly
interfered with.
[Amended by Ord. No. 1987-8]
Every applicant to whom any such permit may be granted shall:
A.
Move the building over the streets as designated in the permit.
B.
Notify the Construction Official in writing of any and all damage
to property of the Borough within 24 hours after the damage has occurred.
C.
Cause red lights to be displayed on every side of the building while
in process of being moved or while standing.
D.
Moving the building or structure and complete the moving between
the hours of 11:00 p.m. and 6:00 a.m.
E.
Comply with the building and fire code, zoning ordinances and other
applicable ordinances upon removal and relocating the building or
structure.
F.
Pay the expense of any police officer who may be ordered by the Construction
Official to accompany the moving of the building to protect the public.
G.
Remove all rubbish and materials and fill all excavations to the
existing grade at the original building site so as to leave the same
safe, sanitary and ground-clean.
H.
See the sewer line is plugged with a concrete stopper, and the water
shut off, and the water meter, if any, returned to the Water Department.
