The governing body finds and declares that the movement of large structures through the streets of the City causes a traffic hazard which must be properly regulated. The governing body further finds and declares that structures being relocated within the City often times contain materials which are hazardous or unfit for relocation within the City. It is the purpose and intent of these regulations to provide standards for the movement and relocation of structures. The movement of modular homes built in the City that have obtained a motor carrier services permit from the State of New Jersey are excluded from Article XIII, except § 11-105A.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
Any building, home or similar structure with a width in excess
of 14 feet.
A natural person, association, corporation, LLC, partnership
or other legal entity.
No person shall move or cause to be moved any building through
the streets of the City without obtaining a building moving permit
from the Construction Official. The cost of the permit shall be $300.
A permit is required in the following situations:
A.
When a building is being moved to a location inside the City from
a location either inside or outside the City;
B.
When a building is being moved to a location outside the City from
a location inside the City;
C.
When a building is traveling through the City on streets under local
jurisdiction to a location outside the City from a location outside
the City.
The application for a building moving permit shall be made in
writing and filed with the Construction Official. The application
shall contain the following information:
A.
The name and address of the applicant;
B.
The destination;
C.
The route to be taken;
D.
The time of day and day of the week that the building is to be moved;
E.
The character and size of the building to be moved;
F.
If the building is to be relocated within the City, the use, purpose
and occupancy for which the building is to be used;
G.
If the building is to be relocated within the City, a plot plan showing
the proposed location of the building on the property where it is
to be located;
H.
If the building is to be relocated within the City, a brief statement
as to whether the building conforms to the land use and development
regulations for the proposed location; and
I.
The applicant shall furnish copies of any other permits obtained
in connection with the movement and relocation of the building.
A.
Traffic safety. No permit shall be issued to move a structure until
the application and route of travel has been reviewed and approved
by the Traffic Safety Division of the Millville Police Department.
Traffic Safety shall be satisfied that the structure can be moved
safely on the route of travel selected and shall not cause unreasonable
risk of damage to the trees, plants, and shrubs along the sidewalks,
streets or alleys within the City. Furthermore, the permittee shall
be responsible to provide a lead vehicle with a warning to motorists
of a wide load equipped with yellow flashing lights.
B.
Structural soundness of structure; engineer's certification required.
No permit shall issue to move any structure which is not structurally
sound. Where the structure is already located within the City, the
Construction Official shall physically inspect the structure to ensure
that it is structurally sound, and may require the permittee to supply
an engineer's report certifying that the building is structurally
sound. In all other instances, the permittee shall supply an engineer's
report certifying that the building is structurally sound before a
permit can be issued.
C.
Certain types of structures prohibited from being moved. No permit
shall issue to move any structure which in the opinion of the Construction
Official is not structurally sound, or is infested with pests, or
is unfit for occupancy, if it is to be located within the City, or
is a type of structure prohibited by the development regulations at
the proposed location within the City.
D.
Notice to neighbors where building is to be placed. When a structure
is to be located within the City, the property owners located within
200 feet of the proposed location for the structure shall be notified
at least five days in advance of the intention to locate the structure
within their neighborhood. Said notice shall include the destination,
the route of travel, the time of day and day of the week that the
structure is to be moved, and the character and size of the structure
to be moved. Additionally, the structure shall be located on an approved
foundation and conform to all applicable development regulations within
30 days of its arrival on the site. The applicant shall be required
to provide the notification to the property owners at its own expense.
In connection therewith, the applicant shall obtain a list, from the
Tax Assessor, of the names and addresses of all persons who are located
within 200 feet of the site. The applicant shall provide written notice
by certified mail to said property owners and shall provide a proof
of mailing to the Construction Official. If the date set for moving
the structure contained in the notice has to be changed, the applicant
is responsible to provide renotification to the property owners at
its own expense.
No permit shall issue to move any structure to be located within
the City of Millville until a certificate has been provided to the
Construction Official indicating that the structure is completely
free of all asbestos in any form.
No permit shall issue to move any structure to be located within
the City of Millville until a lead-based paint hazard abatement certificate
has been provided to the Construction Official indicating that N.J.A.C.
5:17-1.1 has been complied with concerning those structures governed
by that of the New Jersey Administrative Code.
A.
Any applicant for a building moving permit may be denied a permit
by the Construction Official, or any permit issued may be suspended
or revoked by the Construction Official for any of the following causes:
B.
Hearing.
(1)
The applicant or permittee shall have the opportunity to be granted
a hearing on the proposed suspension or revocation of the permit and
demand for payment of fees unpaid and due, by submitting a written
request for a hearing to the Construction Official within 10 days
of issuance of the order. In such event, the effect of such order
shall be stayed until the conclusion of the hearing.
(2)
Upon receipt of a request for a hearing, the public officer shall
notify the City Attorney, identifying the applicant or permittee,
and the grounds for the order.
(3)
Upon receipt of said notification, the City Attorney shall identify
a hearing officer, which may be the City commissioner/director of
public affairs or another qualified individual, who may or may not
be a municipal employee, and shall issue a notice of hearing setting
forth the date, time and place of the hearing, the nature of the order
which is the subject of the hearing and the grounds for issuance of
the order. The hearing shall take place not less than 20 days from
the date of service of the notice of hearing.
(4)
The notice of hearing shall be served upon the applicant or permittee.
Service shall be made personally or by regular and certified mail,
return receipt requested, by mailing the notice of hearing to the
last known address of such person.
(5)
The Construction Official shall testify at the hearing and may produce
witnesses in support of the grounds for issuance of the order. The
applicant or permittee shall have the right to appear at the hearing
and testify, produce witnesses, and be represented by an attorney.
C.
Action by hearing officer; appeal.
(1)
After the hearing, the hearing officer shall prepare a written order
setting forth his or her findings and affirming, modifying or rescinding
the order of the Construction Official, including any due and payable.
(2)
A copy of the order shall be served on the applicant or permittee
personally or by regular and certified mail, return receipt requested,
by mailing the document to their last known address.
(3)
The applicant or permittee may, within 30 days of receipt of the
order, institute a summary proceeding in the Superior Court, Law Division,
to contest the reasonableness of any provisions of the order.
