[HISTORY: Adopted by the Township Committee of the Township
of Morris 6-12-1968 by Ord. No. 12-68 (Ch. 34 of the 1969 Code). Amendments
noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
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.
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 its height does not interfere with existing overhead power lines
but in no case exceeds eight feet and its weight is not greater than
2,500 pounds.
The Building Inspector of the Township of Morris.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Morris, County of Morris, 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 street
number, construction materials, dimensions, number of rooms and condition
of exterior and interior.
(2)
A legal description of the lot from which the building is to be moved,
giving the lot and block number if located in the Township.
(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 Morris.
(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. The 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 $150.
[Amended 4-22-1981 by Ord. No. 17-81]
Upon receipt of an application, it shall be the duty of the
Building Inspector to procure from the Township Engineer an estimate
of the expense that will be incurred in removing and replacing any
electric wires, street lamps, sewer lines or pole lines belonging
to the Township or any other property of the Township, the removal
and replacement of which will be required by reason of the moving
of the building through the Township, together with the cost of materials
necessary to be used in making such removals and replacements. Prior
to issuance of the permit, the Building Inspector shall require of
the applicant a deposit of a sum of money equal to twice the amount
of the estimated expense.
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 Morris as a co-insured 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.
Designate 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 Chief of Police and Fire Chief and shall reproduce
the list upon the permit in writing. In making their determinations,
the Township Engineer, the Chief of Police and Fire 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.
Trees and damage to the Township. Upon completion of the application
to the Building Inspector, he will, with a qualified tree surgeon,
inspect the route as designated to ascertain the extent of the damage,
if any, to the trees or any other public damage to 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
Morris for further consideration. If there are parts of a tree to
be removed or any damage occurs 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.[1]
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 shall at all
times erect and maintain barricades across the streets 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 Chiefs
of Police and Fire Departments of the Township. However, no building
shall remain on any street in the Township of Morris unless and until
it has the specific approval to so remain by the Chief of Police and
Fire Chief, and the applicant must be notified and receive the approval
by said Chiefs 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 said Chiefs, and the applicant does
leave said building on the streets, 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.
F.
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 the Police Department
shall enforce and carry out the requirements of this chapter.
B.
Permittee liable for expense above 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 permittee does not comply with the requirements of
this chapter, and the cost thereof shall be charged against the cash
deposit.
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable as provided in § 1-3, General penalty, of this Code. Each and every day that such a violation exists shall be deemed to be a separate violation of this chapter.
