[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 12-16-1997 by Ord. No. 14-97.[1] Amendments noted where applicable.]
A.
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.
B.
BOROUGH
BUILDING
CONSTRUCTION OR BUILDING OFFICIAL
DIRECTOR OF PUBLIC WORKS
PERSON
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
The Borough of Florham Park, County of Morris, State of New Jersey.
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 public officer(s) authorized by this chapter to exercise the
powers prescribed by this chapter.
The Director of Public Works of the Borough of Florham Park or his
duly authorized representative.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
No person shall move any building over, along or across any highway,
street, alley or other public ways or lands in the Borough without first obtaining
a permit from the Director of Public Works and the Borough Construction Office.
If less than 100 square feet or less than 10 feet in height, no construction
permit is required (see N.J.A.C. 5:23).
A person seeking issuance of a permit hereunder shall file an application
for such permit with the Director of Public Works and the Borough Construction
Office.
A.
Form. The application shall be made in writing, upon
forms provided by the Director of Public Works and the Construction Office,
and shall be filed in the office of the Director of Public Works and the Borough
Construction Office.
B.
Contents. The application shall set forth:
(1)
A description of the building proposed to be moved, giving
street number of its present location, construction materials, dimensions,
number of rooms and conditions 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 Borough.
(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 Borough;
and, if the building is to be relocated in the Borough, a plot plan, prepared
by a New Jersey licensed engineer or land surveyor, showing the proposed location
of the building shall be attached.
(4)
A description of how the building is to be moved.
(5)
A road map depicting the highways, streets, alleys or
land over, along or across which the building is proposed to be moved.
(6)
Proposed moving date and hours.
(7)
A copy of a building permit, including footings and foundations,
covering construction for the building at the new site if latter is within
the Borough.
(8)
Any additional information which the Director of Public
Works or Construction Office shall find necessary to a fair determination
of whether a permit should be issued, such as utility disconnect certifications
and well capping documents.
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
Borough 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)
The applicant must submit all certifications required
by N.J.A.C. 5:23-2.17.
(4)
Certification of removal of underground storage tanks
shall be provided.
(5)
Receipt from Treasurer. A receipt from the Borough Treasurer
for the sum of the fee and cash deposit as hereinafter required shall be attached
to the application.
(6)
A report from a structural engineer as to the stability
and safety of the structure is required prior to issuance of a permit to move.
D.
Fee. The Department of Public Works (DPW) fee shall be
$250, plus $100 per day for every day the building will occupy Borough streets.
The total fee as estimated shall accompany the application, and, in the event
that the building occupies Borough streets longer than the time estimated
for which a fee was paid, then the remaining amount due shall be deducted
from the cash deposit as hereinafter required. The Construction Office will
set fees in accord with published schedule.
An application hereunder shall be accompanied by the following:
A.
Cash deposit. A cash deposit or surety bond from a corporation
licensed to do business in the State of New Jersey in the sum of $50,000 as
an indemnity for any damage which the Borough may sustain by reason of damage
or injury to any highway, street or alley, sidewalk, fire hydrant or other
property of the Borough, which may be caused by or be incidental to the removal
of any building over, along or across any street or land in the Borough and
to cover any cost and expense incurred by the Borough in connection with the
moving of the building in question. The Director of Public Works shall, upon
completion of the removal of the building, certify to the Borough Council
the cost to repair any damage or other expense incurred by the Borough as
the result of the building removal. The amount of cost or expense incurred
by the Borough, including cleanup in the event of collapse, shall be deducted
from the deposit prior to its return to the permittee, after approval by the
Borough Council.
B.
Insurance policy. An insurance policy issued by an insurance
company authorized to do business in the State of New Jersey and in a form
approved by the Borough Attorney, providing personal and property liability
coverage in the respective amounts of $1,000,000 per accident and $500,000
per person and $50,000 per accident on property. Said policy shall name the
Borough of Florham Park as a coinsured along with the applicant and provide
indemnification of the Borough 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 or land of
the Borough.
The Director of Public Works shall prepare a list of designated streets
or land over which the building may be moved. The Director of Public Works
shall have the list approved by the Chief of Police and shall reproduce the
list upon the permit in writing. In making their determinations, the Director
of Public Works and the Chief of Police shall act to assure maximum safety
to persons and property in the Borough and to minimize congestion and traffic
hazards on public streets.
A.
Every permittee under this chapter shall:
(1)
Use of designated streets. Move a building only over
streets or land designated for such use in the written permit.
(2)
Notification of revised moving time. Notify the Director
of Public Works and any affected homeowners, in writing, of a desired change
in the moving date and hours as proposed in the application.
(3)
Notification of damage. Notify the Director of Public
Works, in writing, of any and all damage done to property belonging to the
Borough within 24 hours after the damage or injury has occurred.
(4)
Display of 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.
Before a building shall be permitted to stand overnight on any street, approval
of location shall be secured from the Chiefs of the Police and Fire Departments
of the Borough and the Director of Public Works.
(5)
Street occupancy period. Limit the time involved in moving
the building across Borough streets to four days and, by the end of the fourth
day, locating the building on the designated site or outside territorial limits
of the Borough, unless an extension is granted by the Borough Council.
(6)
Compliance with governing law. Comply with the Department
of Transportation provisions, all applicable Building Codes, the Fire Code,
the Zoning Ordinance[1] and all other applicable ordinances and laws upon relocating the
building in the Borough. County approval is required if the new location of
the building is outside the Borough of Florham Park.
(7)
Payment of expense of officer. Pay the expense of a traffic
officer ordered by the Director of Public Works to accompany the movement
of the building to protect the public from injury.
(8)
Clearing of old premises. Prior to 5:00 p.m. on the day
the building is moved, all rubbish, materials and foundation must be removed.
All excavations should be filled to existing grade at the original building
site so that the premises is left in a safe and sanitary condition. The owner
must comply with all provisions of the Borough Construction Office. A demolition
permit is required for removal of the foundations.
B.
The relocated structure may not be occupied without approval
inspection by the Construction Official.
A.
Enforcing officers. The Director of Public Works, the
Police Department and Construction Office shall enforce and carry out the
requirements of this chapter.
B.
Original premises left unsafe. The Borough shall proceed
to do the work necessary to tender the original premises in a safe and sanitary
condition if the permittee does not comply with the requirements of this chapter,
and the cost thereof shall be charged against the cash deposit. If the deposit
is not sufficient to cover the cost, any additional amount shall be a lien
upon the land in the same manner as delinquent taxes.
