[Adopted 5-18-1967 by Ord. No. 5-67 (Ch. 76, Art. III, of the 1972 Code)]
When used in this article, the following terms shall have the following meanings:
AUTHORIZED REPRESENTATIVE
The person or persons specifically designated by resolution of the governing body to act as the agent for the Borough of Kinnelon for the purpose of implementing and enforcing the provisions of this article.
STREET
Any street, road, highway, avenue, lane, alley or other way under the control of the Borough of Kinnelon and commonly used by the public for "street" purposes.
A. 
It shall be unlawful for any person, firm or corporation to make an excavation or place any form of construction in, over or upon any public street or otherwise endanger or obstruct the normal flow of traffic or normal flow of surface water by the placing of any barricade, structure, material or equipment not normally designed to be operated, placed or used on the public street without first obtaining a written permit, which shall be issued by the Borough Clerk upon application and with the approval of the Borough Engineer or other authorized representative. Copies of the permit shall be submitted by the Borough Clerk to the Chief of Police. The Chief of Police shall notify the Fire Department of the pending road opening.
B. 
It is hereby declared to be the intention of this article to grant authority to the Borough Clerk to issue permits only for the opening of those streets or parts thereof of the Borough of Kinnelon wherein underground mains and principal conduits for the conducting of water, gas, sewage, drainage, electricity, telephone and other utilities and services have actually been installed, and where the purpose of such opening is to repair, maintain and inspect any such main or principal conduit or to install, connect, maintain, repair and inspect lateral service lines, or for the opening of those streets or parts thereof wherein such mains or principal conduits shall be approved for installation by the governing body of the Borough of Kinnelon or by the Board of Public Utility Commissioners of the State of New Jersey, as the case may be; and, further, nothing in this article shall be construed to alter any requirement of the laws of the Sate of New Jersey or regulations of said Board of Public Utility Commissioners pertaining to the granting, exercise or extension of franchises or to the laying, installation or extension of mains and principal conduits within the Borough of Kinnelon.
[Added 2-16-1989 by No. 2-89]
A. 
Before any street is improved or paved, the Borough Clerk shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within 30 days from the receipt of notice. The time for the completion of the work may be extended, in writing, by the municipal governing body upon application by the person performing the work. Except in case of an emergency, no person to whom such notice was given shall be issued a permit to excavate the street to which the notice related for a period of three years unless its issuance is approved by the Borough Council.
B. 
This section does not bar the issuance of a permit where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question.
A. 
Application for such permit shall be made on forms obtained at the Municipal Building in said Borough. Said permit shall indicate the date upon which the operation will start and the date upon which it will be completed. If the contemplated operation will completely obstruct any thoroughfare for a period in excess of 24 hours, then a period of not less than 72 hours shall elapse after the issuing of the permit before the operation may be started, and the person, firm or corporation to whom such permit is granted shall post conspicuous signs in accordance with the provisions of Title 39 of the Revised Statutes, with amendments thereof and supplements thereto, at or near the site of the operation, setting forth that the thoroughfare will be closed and the date, the reason for and duration of such closing.
B. 
Permission to make an opening or tear up the surface of a road does not carry with it any right to make drainage, sewer, water, gas, oil, steam, electric or telephone connections. A separate permit to make such connections must be obtained from the proper officials having jurisdiction.
C. 
Unless otherwise approved by the Engineer or authorized representative, where an excavation is to extend the full width of the road, only 1/2 of the excavation shall be made at one time and shall be properly backfilled before the other half is excavated.
Where water or gas installations require services of existing users to be interrupted, such utility shall notify such users of the period of time when the services will not be available. Such notice shall be given at least 24 hours prior to the interruption of service.
Street openings may be made without the necessity of a written application, as provided for in § 173-22 hereof, in emergencies such as broken or frozen water mains or other happenings which would endanger public life, health and safety, provided that notice thereof shall be immediately given verbally to the Chief of Police. Written application for a permit shall nevertheless be made to the Borough as soon as may be convenient, but in any event within 48 hours, all in accordance with § 173-20 hereof.
A. 
No person, firm or corporation shall be granted a permit to open any street until and unless there shall be deposited with the Clerk an amount sufficient to pay the expenses of repairing and replacing such public road or other surfaces or appurtenances within the street area as may be determined by the Borough Engineer or authorized representative. Said work shall be done by the permittee and under the direction of the Borough Engineer or authorized representative. The amount deemed sufficient to pay the expenses of repairing and maintaining and replacing the public road or other surfaces or appurtenances shall be as follows: The minimum sum shall be equal to $4 per square yard for paved area openings, $2.50 per square yard for shoulder openings, $1.50 per square yard for lawn area openings, and $2.50 per lineal foot for curb replacement; provided, nevertheless, that the minimum deposit with the Borough shall be $50, from which deposit any expenses incurred by the Borough as a result of the permittee's failure to comply with the requirements of this article shall be deducted. After the replacement of the openings has been completed as required herein and any cost of said replacement to the Borough has been tabulated, any balance will be refunded by the Borough to the permittee.
B. 
Where the deposit for replacement of street openings is greater than $500, any person, firm or corporation may file a bond, satisfactory to the Borough as to form, amount and surety, with the Borough Clerk, which bond will be conditioned upon the replacement of any such opening or openings in the manner required herein, and the work shall be performed and paid for by the person, firm or corporation obtaining the permit.
C. 
The filing of such bond shall not relieve any person, firm or corporation of the necessity of securing a permit and complying with all of the terms and conditions of this article.
Unless otherwise directed by the Borough Engineer or authorized representative, the following specifications shall govern the backfill to be placed in excavated trenches:
A. 
All road, shoulder and driveway openings shall be backfilled with bank-run gravel or other suitable material.
B. 
All other openings shall be backfilled with the excavated material and shall be tamped in twelve-inch layers with a mechanical tamper.
C. 
Backfill shall be placed in trenches, as above specified, by the person, firm or corporation making the opening.
D. 
All material not suitable for backfill and all excess backfill material shall be removed from the site by the person, firm or corporation responsible for the opening.
Upon completion of the opening and backfill as specified and upon the Borough being notified of the same, the following specifications shall govern the maintenance and repair of street openings by the permittee:
A. 
Shoulder openings shall be backfilled to within eight inches of the existing shoulder surface. The remainder of the trench shall be filled with a six-inch layer of two-and-one-half-inch quarry-processed broken stone. The remainder of the opening over the base course shall then be filled with a shoulder stone top course and tamped or rolled with the equivalent capacity of a five- to ten-ton roller. The above trench shall be maintained and kept to the existing shoulder grade by the addition of shoulder stone as required. Shoulder openings are defined as openings within the right-of-way, any part of which are adjacent to or within three feet of the existing pavement.
B. 
Pavement openings shall be backfilled to within nine inches of the existing pavement surface. The remainder of the trench shall be filled with a six-inch-thick layer of two-and-one-half inch quarry-processed broken stone. Other base material shall be permitted only with the approval of the Borough Engineer. A leveling or binder course 1 1/2 inches in compacted thickness of stabilized base or other approved bituminous material shall then be applied and rolled in the trench area. The existing pavement edge shall then be cut back six inches to a straight line on each side of the opening, after which the surface of the existing pavement edges shall be tack-coated with asphaltic oil; the entire area shall then be filled with bituminous concrete Type FABC-1 and rolled to a smooth and even-riding surface. As soon as is practicable, in the opinion of the Borough Engineer or authorized representative, settlement, if any, within the trench area shall be corrected by the permittee. In the event that the existing pavement is surface-treated, the FABC-1 pavement shall be surface-treated with 1/3 gallon of RT-8 or RT-9, covered with 25 pounds of three-eighths-inch broken stone per square yard, and rolled to provide a surface texture consistent with the existing pavement. Variations of the above specifications may be permitted with the approval of the Borough Engineer or authorized representative, but there shall not be less than a six-inch-thick base course and a two-inch-thick FABC-1 surface course.
C. 
Driveway openings shall be replaced in kind, and the appropriate specifications for shoulder openings or road openings shall govern the replacement of the same.
D. 
To comply with the intent of this article, all road, shoulder and driveway openings shall be completed as herein specified within 14 calendar days of the opening of the pavement, shoulder or driveway in any given area. During the period from November 15 to March 15, the permittee's construction shall be scheduled so as to close all openings within the roadway and shoulder area at the end of each working day. Exceptions to the above will not be permitted without the permission of the Road Foreman during this period.
If, in the opinion of the Engineer, conditions are such as to require sheathing, the applicant will install such sheathing as may be required upon order of the Borough Engineer.
It shall be the responsibility of the person, firm or corporation opening any thoroughfare or otherwise endangering or obstructing the normal flow of traffic or normal flow of surface water thereon to fully protect both vehicular and pedestrian traffic from possible accident or injury by the placing of suitable barriers, crosswalks, notices, warnings and/or caution signs by day and flares or flashing lights at night, in accordance with the provisions of Title 39 of the Revised Statutes, with amendments thereof and supplements thereto.
If necessary and desirable in the opinion of the Borough Engineer, the permittee shall submit plans and specifications, in duplicate, which plans shall indicate the extent of the proposed work within the Borough of Kinnelon.
A. 
In addition to such deposit as may be required by § 173-25 hereof, a sum as per the following schedule shall be paid to the Borough of Kinnelon prior to the issuance of the permit to cover the cost of inspection to ensure that the requirements herein set forth are complied with, which sum shall be retained by the Borough of Kinnelon:
(1) 
For underground mains within a Borough roadway right-of-way, $10 for the first 100 feet or part thereof, and $0.05 per foot thereafter.
(2) 
For user connections which require the opening of any Borough pavement or shoulder area within a Borough right-of-way, a fee of $5 per connection.
B. 
Such inspections as are deemed necessary to ensure the replacement and restoration of Borough roadways will be specified to the permittee by the Borough Engineer or other authorized representative at the time of the issuance of the permit.
The Borough Engineer and the authorized representative are hereby designated the enforcement officers to enforce the provisions of this article and are the agents acting for the Borough Council of the Borough of Kinnelon in connection herewith. However, this provision shall not be construed as depriving members of the Police Department of the power to prosecute violators hereof.
[Amended 5-1-1972 by Ord. No. 9-72; 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
Any person, firm or corporation violating this article shall be subject, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.