[1973 Code § 125-1]
No person shall encumber or obstruct any street or other public
place in the Town of Kearny by placing therein or thereon any building
materials or any article or thing whatsoever without having first
obtained the written permission of the Street Commissioner.
[1973 Code § 125-2; Ord. No. 2002-O-83 § 16; Ord. No. 2012-22]
The DPW Superintendent shall have power to grant permits to
builders and others to occupy a space not to exceed 1/3 of the width
of the vehicular lane of any street with building material if, in
his opinion, the public interest or inconvenience will not suffer
thereby. The fee for a permit to occupy streets shall be $75.
[1973 Code § 125-3]
The permit holder shall, at the place where the building is
being constructed, keep the sidewalks and gutters clear and unobstructed.
[1973 Code § 125-4]
The permit holders shall place danger lights at nighttime at
such place so occupied.
[1973 Code § 125-5]
The permit holders shall promptly remove from time to time all
dirt and rubbish and keep the streets occupied in as clean a condition
as possible.
[1973 Code § 125-6]
Such permits may be revoked at any time at the pleasure of the
Street Commissioner.
[Ord. No. 1999-0-26 § 1]
No permit shall be granted if the obstruction may be fitted
or located on private property without obstructing the street.
[Ord. No. 1999-0-26 § 1]
Any applicant for a permit shall provide to the Town proof of
general liability insurance coverage of at least $1,000,000, without
deductibles, naming the Town as an addition insured.
[Ord. No. 1999-0-26 § 1]
The applicant for a permit shall agree to indemnify the Town
and save it harmless from any and all claims, losses, damages, costs
and expenses which the Town might sustain, or be threatened with liability
for, arising out of the said street obstruction or any activity related
to or connected with it.
[1973 Code § 125-7]
No person without the permission of the Town Council shall alter,
change, raise or lower the grade of any public street in or of the
Town of Kearny, or dig or carry dirt therefrom or dump or throw ashes,
dirt or rubbish thereon.
[1973 Code § 125-9]
a.
No person or persons shall drive any wagon, carriage, cart, bicycle,
tricycle, velocipede, sleigh or any other vehicle on, over, across
or along the sidewalk of any street of the Town of Kearny.
b.
Exception. Nothing, however, in this section shall be so construed
as to prevent an owner or owners of property or tenants of same and
their servants or agents from driving over, across or along the sidewalks
in front of their respective lands for the purpose of access to the
same or other legitimate use, or to prevent the clearing of snow from
the sidewalks by the Street Commissioner with plows.
[1973 Code § 125-10]
Any person using a bicycle, tricycle or velocipede on the public
streets of the Town shall carry on such vehicle an alarm bell, and,
on approaching and crossing the intersection of any such street, shall
give a signal by sounding the bell, and carry after sundown and before
sunrise a light of sufficient illuminating power to be visible at
a distance of 200 feet. The vehicle shall not be propelled at a rate
of speed greater than 10 miles an hour, nor shall any greater number
than two persons abreast parade the streets of Kearny at any time
on vehicles.
[1973 Code § 125-11; Ord. No. 1997-36; Ord. No. 2012-22]
It shall be unlawful for any person to cut the curb of any street
in the Town or damage same in any way, except in accordance with the
following procedure:
a.
The owner of any property who desires to have the curb cut down for
the purpose of a driveway shall make written application to the Mayor
and Council of the Town of Kearny, with a copy to the Town Engineer,
describing:
b.
The applicant shall be responsible for all costs associated with
the curb cut, including a $75 fee payable to the municipality for
the cost of inspecting the work in accordance with paragraph c. The
fee shall be submitted with the application.
c.
Upon completion of construction of the curb cut, the applicant shall
notify the Town Engineer who shall inspect the curb cut and insure
that it has been completed in accordance with the submitted application.
d.
In the event the curb cut has not been completed in accordance with
the application, the Mayor and Council may require the applicant to
remedy any deficiencies.
[1973 Code § 125-12]
No owner or corporation of any manufactory, brewery or any other
building shall discharge or exhaust steam from steam engines directly
into any public street, sewer or drain.
[1973 Code § 125-12.1; Ord. No.
4-11-95]
It shall be unlawful for the owner or operator of an auto body
shop, public garage, automobile repair shop, automobile service station,
gasoline station or any other business which deals with the repair,
maintenance or storage of motor vehicles to permit any motor vehicles
and parts thereof to occupy any portion of the sidewalk or public
street.
[1973 Code § 58-9]
The owner or tenant of lands in the Town of Kearny shall be
required to keep all brush, hedges and other plant life growing within
10 feet of any roadway, and within 25 feet of the intersection of
two roadways, cut to a height of not more than 2 1/2 feet where
it shall be necessary and expedient for the preservation of the public
safety, within 10 days after receiving written notice from the Police
Department to cut the same.
[1973 Code § 58-10]
In the event that the owner or tenant shall have refused or
neglected to cut the same in the manner and within the time provided
above, the Chief of Police is hereby authorized to direct the Town
Forester to cut the same in a manner as above provided; and in all
cases where such brush, hedges and other plant life are cut from any
lands by the Town Forester under the direction of the Chief of Police,
the Town Forester shall certify the cost thereof to the Governing
Body, which shall examine the certificate and, if found correct, shall
cause the cost as shown thereon to be charged against the lands or
in the event that such cost is excessive, to cause the reasonable
cost thereof to be charged against the lands; and the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form a part of the taxes next to be assessed and levied
upon such lands; the same to bear interest at the same rate as other
taxes and shall be collected and enforced by the same officers and
in the same manner as taxes.
[1973 Code § 125-31]
The owner or owners, tenant or tenants, or occupant or occupants
of lands abutting or bordering upon the sidewalks, streets or other
public places of the Town of Kearny, where there is a graded or paved
sidewalk, shall remove or cause to be removed from the sidewalks in
front of or bordering on the lands all snow and ice within 12 hours
of daylight after the same shall have been formed or fall thereon.
In the event that the snow or ice on the sidewalks shall be frozen
so hard that it cannot be removed without injury to the sidewalks,
it shall be the duty of the owner or owners, tenant or tenants, occupant
or occupants to cause such sidewalks to be made safe and convenient
by covering the snow or ice with sand, ashes, cinders or other suitable
substance, and as soon thereafter as the weather will permit, to thoroughly
clean the sidewalks. No person shall place, or cause to be placed,
any snow or ice upon the traffic lanes of the roadway of any street.
In the event that it is necessary to clear the roadway of snow and
ice in front of any property for the purpose of providing parking
space, or to give access to such property, then such snow or ice shall
be properly piled in the roadway in front of such property at no greater
distance than five feet from the curbline and in such a manner that
the gutterway shall be unobstructed. It shall be unlawful, however,
for any person to remove snow or ice from any private property and
place the same onto the sidewalk or roadway of any street.
[1973 Code § 125-33]
If the owner or owners, tenant or tenants, or occupant or occupants
shall fail to clean any sidewalk in the manner and within the time
prescribed for in subsection 23- 11.1, the same may be cleaned under
the direction of the Street Commissioner, and the cost thereof shall
be assessed against the lands abutting the sidewalks and shall be
levied, certified and collected by the Tax Collector in the same manner
as special assessments for the construction of sidewalks.
[Ord. No. 2011-3]
b.
Whenever the Superintendent of the Department of Public Works, a member of the Police Department, or a member of the Health Department shall determine that there exists a violation of the provisions of subsections 23-11.1, 23-11.2 or 17-8.9 of the Town Code, he or she shall issue a notice of violation signed by him or her which shall contain at least the following information:
1.
The name and address of the owner, the tenant and the occupants,
all of them or any of them, whose identity can be determined;
2.
A statement that they bear joint and several responsibility for bringing
about compliance and for payment of any penalty that may be imposed
by the Municipal Court;
3.
A reference to this section by number or code section number; and
4.
The amount of the penalty that may be assessed.
c.
The notice of violation shall be served personally upon any owner,
tenant or occupant and by certified mail upon any owner who is not
present upon the premises at the time the notice of violation is issued.
d.
The notice of violation shall be in the form of Special Form of Complaint
and Summons prescribed by Rule 7:2-1 (g) and (h) of the Rules of Court
or such other applicable rule which may be in effect at the time.
[1973 Code § 125-14]
No cement or concrete shall be mixed or made in or upon the
paved streets of the Town of Kearny unless said cement or concrete
is mixed or made in watertight receptacles approved by the Construction
Official.
[1973 Code § 125-16]
As used in this section:
Shall mean any individual or individuals, copartnership,
association, corporation or joint-stock company, their lessees, trustees
or receivers appointed by any Court whatsoever.
Shall mean any public street, avenue, highway, boulevard,
parkway, square or any part or side of the same, including the sidewalk
thereof, whether paved or unpaved.
[1973 Code § 125-17]
The owner of any lot or premises or part thereof abutting on
any street or highway upon whose property there exists unsafe places
adjacent to or near such street or highway shall and they are hereby
directed to immediately remove such unsafe places or erect or construct
a fence, wall or other safeguard for the protection of persons lawfully
using the paved or unpaved portion of the sidewalks or street or highway
upon which the property abuts from injury from such unsafe places.
[1973 Code § 125-18]
If the owner of any lands or premises upon which such an unsafe
place exists shall neglect, after notice given as herein provided,
to remove such unsafe place or to erect such fence, wall or other
safeguard by this section directed and required, the Street Commissioner
shall cause such unsafe place to be removed or shall cause to be erected
or constructed a fence, wall or other safeguard on such premises for
the protection of persons from injury from such unsafe places. Before
proceeding to remove any such unsafe place or to erect or construct
any fence, wall or other safeguard for such purpose or awarding any
contract therefor, it shall be the duty of the Street Commissioner
to cause notice of such contemplated action to be given to the owner
of any lands affected thereby. Such notice shall contain a description
of the property affected sufficiently definite in terms to identify
the same as well as a description of the required fence, wall or other
safeguard, and a notice that unless the unsafe place shall be removed
or that such a fence, wall or other safeguard be erected or constructed
on the premises within 10 days after the service thereof, it is the
intention of the Town of Kearny to remove such unsafe place or erect
such fence, wall or other safeguard mentioned in the notice, or cause
the same to be erected, at the expense of the owner of the premises,
pursuant to Article 22E of an Act entitled "An Act Concerning Municipalities,
Laws 1917," page 319. Such notice may be served upon the owner resident
in Kearny in person, or by leaving the same at his usual place of
residence with a member of his family above the age of 14 years; in
case any such owner shall not reside in Kearny, such notice may be
served upon such owner personally or mailed to his, her or their last
known post-office address, or it may be served upon the occupant of
the property or upon the agent of the owner in charge thereof; in
case the owner of the premises is a corporation, the notice shall
be served by handing same to an officer of the corporation or mailing
same to the registered agent in the State of New Jersey. In case the
owner of any such property is not known or service cannot for any
reason be made, as above directed, a copy of the notice shall be posted
upon the premises 10 days prior to the date for doing the work as
stated in the notice.
[1973 Code § 125-19]
Any expense incurred under this section shall become payable
to the Town of Kearny, immediately upon the completion of the work,
and in case of refusal or neglect of the owner to pay such expense,
it shall be the duty of the Town Attorney to collect the same by suit.
[1973 Code § 125-21]
This section is intended to regulate the construction and maintenance
of sidewalks and driveway entrances hereafter constructed on streets,
avenues or public highways in the Town of Kearny.
[1973 Code § 125-22]
All sidewalks and driveway entrances hereafter constructed in
the Town of Kearny, as aforesaid, shall be constructed of cement concrete
in accordance with the Standard Specifications of the Town of Kearny
regulating such construction. Under special conditions and when specifically
permitted by the Town Council, sidewalks and driveway entrances may
be constructed of such other suitable materials as shall be approved
by the Town Engineer. The location, width and thickness and the level
and grade of sidewalks and driveway entrances shall be as fixed by
the Standard Specifications or as determined by the Town Engineer.
[1973 Code § 125-23; Ord. No. 2002-O-83 § 11]
Any person, firm or corporation desiring to construct a sidewalk
or driveway entrance in the Town of Kearny hereafter must obtain a
written permit from the Street Commissioner. Applications for such
permits shall be made on the forms provided therefor by the Town of
Kearny, and the application fee for such permit shall be $40 and shall
be payable at the time the permit is issued. The permit must be kept
and exhibited at the site for which the permit is issued.
[1973 Code § 125-24]
All sidewalks and driveway entrances shall be constructed under
the supervision of the Town Engineer and must be approved by the Town
Engineer.
[1973 Code § 125-25]
All sidewalks and driveway entrances hereafter constructed in
accordance with the provisions of this section shall be maintained
in proper and serviceable condition at all times by the abutting property
owner, and the property owner is liable for the maintenance of the
sidewalks and driveway entrances; and in the event that the whole
or any part of the sidewalks and driveway entrances becomes dangerous
or hazardous to pedestrian travel, the property owner shall immediately
repair and restore the sidewalks or driveway entrances to proper condition,
and should the property owner fail in the performance of the duty
aforesaid, the Street Commissioner shall request the property owner,
in writing, to repair or replace the damaged sidewalk or driveway
entrance; and if such repairs or replacements are not made within
30 days thereafter, the Town of Kearny shall make the necessary repairs
and replacements and the cost thereof shall be charged against the
property owner; and if the cost is not paid by the property owner
within 60 days after confirmation by the Town Council, the cost shall
be assessed as a lien against the land abutting on the sidewalks and
driveway entrances thus repaired.
[1973 Code § 125-26]
All sidewalks hereafter laid on streets, avenues or public highways
in the Town of Kearny shall be constructed of concrete, in accordance
with the regulations contained in this section.
[1973 Code § 125-27]
All sidewalks shall be five feet in width and laid not less
than three feet from curbline and to a depth of six inches. Foundation
course, five inches, concrete mixture, one part cement, two parts
sand, three parts stone (trap rock, gravel or dolomite); surface course
one inch, concrete mixture, one part cement, two parts sand.
[1973 Code § 125-28]
All sidewalks shall be laid on a gradient of 1/2 inch to one
foot where total sidewalk width does not exceed 12 feet; above 12
feet in width, concrete walk shall be laid on a gradient of 3/8 inch
to one foot.
[1973 Code § 125-29]
All sidewalks shall be laid under the supervision and to the
satisfaction of the Street Commissioner or inspector provided by the
Street Commissioner.
[1973 Code § 125-30]
a.
Should the whole or any part of any concrete sidewalk laid by the
owner, or the agent or contractor of the owner, of the land abutting
the same become unserviceable as a sidewalk through failure to construct
same in accordance with this section, the Street Commissioner shall
notify the owner or owners to repair the unserviceable sidewalk within
30 days after service upon the owner or owners of a notice to make
such repairs in accordance with this section. The owner or owners
shall also be notified that if the repairs are not made within the
thirty-day period that it is the intention of the Town of Kearny to
make the repairs or cause same to be done and to charge the cost of
the repairs to the owner or owners of the lands abutting the sidewalk
or part thereof thus repaired.
b.
The owner or owners of the lands abutting upon the unserviceable
sidewalks, the part or whole of which is thus repaired, shall also
be notified that if the cost of such repairs is not paid within 30
days after confirmation by the Town Council of the costs, then the
cost of the repairs, as confirmed, shall be a lien against the land
abutting on the sidewalks thus repaired.
[Ord. No. 2011-33]
All curbs shall be deemed to be part of the abutting sidewalk
and shall be subject to all of the maintenance and repair provisions
in this Code pertaining to sidewalks and their maintenance and repair
shall be the responsibility of the abutting property owner except
as otherwise provided for in this section.
[Ord. No. 2011-33]
When all three of the following circumstances exist, however,
curbs shall be deemed to be part of the abutting street and the responsibility
for their repair and maintenance shall be that of the Town.
The excepting circumstances are that:
a.
The vertical slope of the curb is greater than 6% along the gutter
line;
b.
The horizontal curve of the curb has a radius of less than 500 feet;
and
c.
Soil erosion has occurred behind the curbline which has reduced the
height of the green belt adjacent to the curb to an elevation lower
than the road's gutter line directly adjacent to the erosion.
A 6% slope shall be defined as a change in the road's elevations
at a rate of six vertical feet per 100 horizontal feet.
The horizontal curve's radius shall be measured from the
curve's arc to the center of the curve.
[1]
Editor's Note: Prior ordinance history includes portions
of 1973 Code §§ 73-1 — 73-13 and Ordinance Nos.
2002-(O)-83.
[Ord. No. 2004-(O)-56 § 2]
It shall be unlawful for any person to make any excavation in
or remove the surface of any municipally controlled road or street
in the Town for the purpose whatsoever, or to store any material within
the right-of-way limits of any municipally controlled road or street
in the Town for any purpose whatsoever, without a written permit first
having been obtained from the Department of Public Works, Street Division
of the Town hereinafter provided.
The provisions of this section shall apply to any excavation
or street opening pursuant to a franchise or revocable consent.
[Ord. No. 2004-(O)-56 § 2]
Any person having executed a construction contract with the
Town to lay and construct pipes, conduits or other structures in the
municipally controlled roads or streets shall be governed by the provisions
of the construction contract and shall be excepted from the provisions
of this section.
[Ord. No. 2004-(O)-56 § 2]
A permittee shall obtain a separate permit for each 150 linear
feet, or part thereof, of a block segment and for each intersection
where work is to be performed.
[Ord. No. 2004-(O)-56 § 2]
a.
Proper Notification. Permittee and owners of underground facilities
shall comply with the State of New Jersey's standards relating
to construction, excavation and demolition operations at or near underground
facilities.
Permittees shall take the precautions necessary to project such
pipes, mains, conduits, and other appurtenances at their own expense.
b.
All work shall be done in accordance with the specifications and
provisions of the New Jersey Department of Transportation (NJDOT).
c.
All debris on the street shall be removed at the expiration of the
permit unless otherwise stipulated.
[Ord. No. 2004-(O)-56 § 2]
a.
Applications for a permit in a road or street shall be made to the
Department of Public Works, Street Division. Such application must
include:
1.
A description of the work to be performed;
2.
The reason for the work;
3.
The street address including the nearest cross streets where the
excavation or street opening is to be made;
4.
A plan or sketch in proper scale indicating the size and location
of the proposed opening(s) which shall include:
5.
The start and estimated completion dates;
6.
The type of pavement or surface to be opened;
7.
Whether the proposed work will be within a Streetscape area (if so, the provisions of subsection 23-20.9 will apply);
8.
Whether the proposed work will be on a protected street (if so, the provisions of the subsection 23-20.10 will apply);
9.
The name and address of the compaction testing company or laboratory,
as required on certain designated emergency streets only;
10.
Photographs of the street or roadway which will be impacted by the
proposed work and the areas immediately adjacent thereto as it exists
at the time of the application for the permit;
11.
A utility mark-out within the area affected;
12.
A written agreement to completely restore the area affected within
a specified number of calendar days after the first disruption thereof
to the condition it was in at the time it was first completed. The
selected period of time is subject to the approval of a representative
of the Department of Public Works, Street Division;
13.
Specifications, matching those used to construct the street or roadway
in the first place, for the complete restoration of any and all bituminous
paving, concrete sidewalks, concrete curbs, brick pavers, bollards,
light poles, benches, trash receptacles, planters, sign posts and
all other aspects of the street or roadway that may be disrupted or
impacted in anyway by such work;
14.
An itemized and detailed estimate of the cost of the proposed work,
including the cost of complete restoration of the street or roadway
prepared by the applicant's architect or engineer;
15.
A written agreement to submit photographs of the street or roadway
once the Department of Public Works, Street Division representative
has approved the complete restoration of the street or roadway.
b.
No trees within the sidewalk shall be disturbed or removed without
the permission of the Mayor and Council.
[Ord. No. 2004-(O)-56 § 2]
a.
Parallel to Property Line. Application for a permit for the installation
of a main line of a utility or drainage system running parallel to
the property line of the road or street shall be made to the Department
of Public Works, Street Division. Such application must include a
detailed plan showing the limits of such installation, the depth of
the main or utility and other necessary information, including full
compliance with the requirements and subject to the conditions hereafter
provided. Upon approval of the plan by the Town Council, a permit
will be granted.
b.
Not Parallel to Property Line. Applications for a permit for the
installation of a house connection for water, sewer or any other purpose
where the excavation does not run parallel to the property line of
the road or street shall, upon compliance with the requirements, and
subject to the conditions hereafter mentioned, be granted a permit.
Application for a permit for the installation of water connections
require the excavation or removal of the surface pavement shall be
made at the Department of Public Works, Street Division, on a form
prepared by the Water Superintendent. Upon approval of the plan by
the Town Council, a permit will be granted.
c.
All Other Applications. Application for all other street openings
requiring the excavation or removal of the surface pavement, and not
provided for hereinbefore, shall be made at the Department of Public
Works, Street Division.
The Department of Public Works, Street Division shall issue
a permit to the applicant when it determines that (i) the necessary
documents are acceptable in form and substance, (ii) the applicant
has paid the review and inspection fee, (iii) the applicant has posted
sufficient security, (iv) the applicant has satisfied all other requirements
applicable to the issuance of permits in the Town of Kearny.
[Ord. No. 2004-(O)-56 § 2; Ord. No. 2007-(O)-19 § 1; Ord. No. 2012-22]
a.
The applicant shall pay an application review and site inspection
fee of $200.
b.
In addition to the review and inspection fee, the amount of payments
hereafter mentioned shall be deposited, either in cash or certified
check, in the Department of Public Works, Street Division before a
permit will be granted, and the amount thus collected shall be used
by the Town of Kearny in payment for the inspection and proper repairs
and restoration of the surface pavements, and no rebate will be made.
The permittee shall be liable and responsible for the care and maintenance
of any opening under the permit granted until the pavement has been
permanently repaired and restored. In the determination of the actual
square yards of pavement to be removed, repaired and restored, additional
width of eight inches beyond the limits of the trench shall be included,
except under unusual conditions when a greater width will be used,
as determined by the contemplated construction.
Schedule of Payments for Road Permits
1.
Bituminous-concrete surface pavements on concrete base and reinforced-concrete
pavements, $8 per square yard, but not less than $75.
2.
Bituminous pavements on stone base, $7.50 per square yard, but not
less than $50.
3.
Earth shoulder opening, $5 per square yard, but not less than $5.
The foregoing schedule of charges may be increased or decreased
from time to time by ordinance of the Town Council to correspond to
the increase or decrease of costs occasioned by fluctuation in the
price of labor or material.
c.
Indemnification: Town's Right to Perform.
1.
Indemnification. Every permittee, as a condition of accepting any
permit issued hereunder, shall save and hold harmless the Town of
Kearny and indemnify the Town of Kearny, its officials, agents, servants
and employees for and against any and all loss, damage, claim, expense
or demand whatsoever arising out of any matter or resulting from the
opening or excavation of any street and the issuance of a permit therefor
as provided in this section.
2.
Notice of Failure to Make Progress. If the permittee, in installing
the permanent pavement shall fail to make progress satisfactory to
the Superintendent of the Department of Public Works, the Town may
give written notice of such failure to the permittee. If, within 20
days after the receipt of such notice, the permittee shall fail to
make progress at a rate satisfactory to the Superintendent of the
Department of Public Works, the Town shall have the right to complete
the installation of such pavement, in which event the permittee shall
be charged for the cost thereof at the rate the Town is billed by
the contractor who performs the work, or at the rate it costs the
Town to perform such work itself, which charges shall be billed after
the receipt of the bill therefor.
d.
Security. The applicant shall post security to ensure the complete
restoration of the street or roadway in an amount equal to 120% of
the estimated cost of the proposed work, including the complete restoration
of the street or roadway as determined by either the Superintendent
of the Department of Public Works or his/her designated representative,
which estimate may exceed that submitted by the applicant's engineer
or architect. The applicant shall post this security by either: i)
posting a bond in such amount; or ii) depositing cash in such amount
in the Town's escrow account maintained by the Chief Financial
Officer. There shall be filed with the posted security a written consent
that if the restoration work is not completed by the date specified
the Town may retain a private contractor to perform the restoration
work and draw upon the security to the contractor. Security shall
be provided at the time of the application. Security shall remain
in effect for a period of three years after the acceptance of final
restoration work under any permit that has been completed and accepted
by the Town.
[Amended 5-5-2020 by Ord.
No. 2020-19]
e.
Public Utilities.
[Amended 5-5-2020 by Ord.
No. 2020-19]
1.
Bond in Lieu of Security Deposit. Any public utility subject to regulations
of the Board of Public Utility Commission of this State, in lieu of
security deposit as required above, may execute a bond in the penal
sum of $10,000 to the Town of Kearny and file same with the Superintendent
of the Department of Public Works at the time of the application.
In the event of any emergency, a public utility may make necessary
street openings and repairs prior to obtaining a permit; provided
a permit shall be obtained by it from the Department of Public Works
within the next two working days after the opening is made; and provided
further that the public utility shall file with the Financial Officer
its bond in the sum of $10,000 conditioned upon the payment of all
permit fees due from it to the Town.
f.
Insurance. Applications for permits required to be issued under the
provisions of this section shall be accompanied by evidence of insurance
against "General Liability" with limits of at least $1,000,000 per
person and $2,000,000 per accident. The insurance policy shall include
the Town as an additional named insured and the certificate shall
be attached to the application and filed therewith.
In the alternative, a contractor applicant may deposit with
the Town a policy evidencing the issuance of the insurance referred
to in the foregoing paragraph. The policy may be for a stated period
of time and shall name the Town as an additional insured. If the policy
is so deposited it will not be necessary for the contractor applicant
to submit proof of insurance with each application for a permit.
In lieu of evidence of insurance, a public utility applicant
for a permit may file with the Town a copy of a self-insurance certificate
issued by the Security-Responsibility Bureau of the Department of
Law and Public Safety, New Jersey Motor Vehicle Commission, of the
State of New Jersey pursuant to N.J.S.A. 39:6-52.
A public utility shall, in addition to filing a self-insurer
certificate, file with the Town its bond in the sum of $100,000 containing
the condition that it shall defend at its own expense any suit brought
against the Town and further to indemnify and save harmless the Town
from and against any and all loss, costs, damages or judgment incurred
by reason of any damage to any property, injury to any person, or
any loss of life resulting from any alleged negligence of the permittee,
his agents, employees or contractors in performing the work covered
by the permit.
[Ord. No. 2004-(O)-56 § 2; Ord. No. 2008-(O)-15 § 1; Ord. No. 2012-22; Ord.
No. 2015-40]
a.
Proper Notice.
1.
Permittees shall notify the Police Department, the Fire Department,
the Construction Code Department, and the Department of Public Works,
Street Division, of the construction, and street operations that require
street closing permits, at least 48 hours in advance of the commencement
of nonemergency work.
[Amended 5-5-2020 by Ord.
No. 2020-19]
2.
All permittees shall comply with the specifications of the New Jersey
Department of Transportation (NJDOT).
b.
Breaking Existing Pavement. Precutting of pavement wearing course
and base shall be required for pavement removal. The use of a "Ram
Hoe" or truck mounted pavement breaker is not permitted, unless otherwise
authorized. Only hand held tools may be used for this purpose. This
applies to all streets at all times. The permittee shall be responsible
for keeping the construction area as clean and neat as possible during
the permit life. No material shall restrict water flow in gutters.
All possible arrangements for the safety of the general public shall
be maintained. Every effort shall be made to keep the pavement opening
dimensions to an absolute minimum.
c.
Excavation.
1.
Sheeting and Bracing. The sides of every open excavation five feet
or more in depth shall be securely held by adequate timber, sheeting
and bracing where the earth is not sloped to the angle of repose of
the material, and where unsafe conditions are created due to composition
of the soil, climatic conditions, depth of excavation or construction
operations.
2.
Tunneling or Jacking. No person shall make any installation or repair
between two or more street openings by means of tunneling or jacking,
without a permit.
Tunneling or jacking may be permitted for the installation or
replacement of a lateral connection provided the opening does not
exceed eight inches in diameter. Full trenching shall be required
for all waste line repair/connections.
Tunneling will not be permitted under any circumstances and
shall be an unlawful exercise of the privileges under any such permit
and a violation hereof, unless special permission has been granted
in writing at the issuance of the permit.
3.
Traffic and Maintenance.
(a)
No more than one lane of traffic may be obstructed, except as
provided by Kearny Police Department stipulation or as otherwise authorized
by the Mayor and Council.
(b)
It shall be the duty of the permittee to properly guard the
excavation by the execution of suitable barriers by day and lights
by night and permittee shall be liable for any neglect to safeguard
the traveling public.
(c)
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated. In the case of gas or steam
leak, barricades in accordance with the New Jersey or Federal Manual
on Uniform Traffic Control Devices shall be used until the leak is
corrected.
(d)
Barricades, signs, lights and other approved safety devices
shall be displayed in accordance with the New Jersey or Federal Manual
on Uniform Traffic Control Devices.
(e)
The permit may restrict street operations and construction within
the critical areas to nights, weekends or off-traffic hours.
(f)
Flagpersons. Permittees whose work results in the closing of
a moving traffic lane, which requires traffic to be diverted to another
lane, shall, at all times when actively working at the site, post
a flagperson or utilize an authorized plan for the maintenance and
protection of traffic at the point where traffic is diverted to assist
motorists and pedestrians to proceed around the obstructed lane.
d.
Temporary Closing of Sidewalks. A minimum of four feet sidewalk width
of unobstructed pedestrian passageway shall be maintained at all times.
Where openings and excavations do not allow for four feet of unobstructed
pedestrian passageway, a temporary sidewalk closing plan should be
submitted to the Kearny Police Department.
e.
Work Site Maintenance.
1.
All excavated material shall be either removed from the site or stockpiled
at a designated curb, properly barricaded in accordance with the Federal
Manual on Uniform Traffic Control Devices and stored to keep gutters
clear and unobstructed.
2.
All obstructions on the street shall be protected by barricades,
fencing or railing, with flags, lights or signs in accordance with
the Federal Manual on Uniform Traffic Control Devices placed at proper
intervals and during the hours prescribed. During twilight hours the
flags shall be replaced with amber lights.
f.
Storage of Materials.
1.
A street opening permit does not include permission to store construction
materials in a designated area adjacent to the permitted worksite.
2.
No separate permit shall be required for the storage of equipment,
excluding cranes, in a designated area in compliance with any applicable
stipulations on the permit.
3.
Application for permits to store construction materials shall be
made at the office of the Superintendent of Public Works and may be
made either in conjunction with the application for permit for road
opening or excavation or separately. Permit for storage of material
shall be granted to the applicant upon furnishing satisfactory evidence
of the necessity for such storage and upon compliance with the requirements
and subject to the conditions in paragraph 4 below.
4.
The permit shall be granted upon condition that:
(a)
The applicant shall properly guard the material stored by erecting
suitable barriers, maintain warning signs and lights to safeguard
the traveling public, and at all times leave carriage way of at least
18 feet between the material, and shall also make provision so that
the flow of water along the street may be unobstructed; and
(b)
The space occupied by the storage of material shall be no more
than is necessary for the applicant's needs, or for a longer
time than is necessary to enable him to complete the purpose for which
the permit is granted, and in no case shall the permit be considered
as giving the applicant any right to store material upon the street
in front of property other than that belonging to or leased by the
applicant; and
(c)
The permit shall state the time that the applicant may have,
and any right under the permit shall not extend beyond the period
of such time; and
(d)
The applicant shall pay to the Town as an inspection charge
upon receiving such permit $75 for the first 15 days and $200 per
month or portion of month thereafter.
5.
The designated storage area(s) are subject to review and approval
by the Department of Public Works and Kearny Police Department.
g.
Backfill and Compaction.
1.
Upon completion of repairs in a street, permittees shall backfill
street openings and excavations in a manner in accordance with the
specifications. All materials used for backfill shall be free from
bricks, blocks, excavated pavement materials and/or organic material
or other debris.
2.
Backfill material shall be deposited in horizontal layers not exceeding
12 inches in thickness prior to compaction. A minimum of 95% of Standard
Proctor Maximum Density will be required after compaction.
3.
When placing fill or backfill around pipes, layers shall be deposited
to progressively bury the pipe to equal depths on both sides. Backfill
immediately adjacent to pipes and conduits shall not contain particles
larger than three inches in diameter.
4.
Compaction shall be attained by the use of impact rammers, plate
or small drum vibrators, or pneumatic button head compaction equipment.
Hand tamping shall not be permitted except in the immediate area of
the underground facility, where it shall be lightly hand tamped with
as many strokes as required to achieve maximum density. The definition
of the "immediate area" shall be a maximum of 18 inches from the facility.
5.
Where sheeting has been used for the excavation, it shall be pulled
when the excavation has been filled or backfilled to the maximum unsupported
depth allowed by the New Jersey Department of Transportation guidelines.
6.
As a measure of maximum density achieved for temporary restoration,
the pavement surface shall not sink more than two inches from the
surrounding existing surface during the life of the temporary restoration.
More than two inches of settlement shall be deemed a failure of the
compaction of the backfill and cause the removal of said backfill
to the subsurface facility and new fill installed and properly compacted.
7.
The permittee shall be required to furnish the Department with copies
of in-process compaction reports certified by a professional engineer
as to the compliance with the requirement of the aforementioned backfill
requirements. This certified compaction report shall be submitted
along with the cutform for every tenth street opening permit issued
to the permittee or as directed by the Superintendent of the Department
of Public Works.
h.
Temporary Asphaltic Pavement.
1.
Immediately upon completion of the compaction of the backfill of
any street opening, the permittee shall install a temporary pavement
of an acceptable stabilized asphalt paving mixture, course size 1.5
to two inches, not less than four inches in thickness after compaction,
flush with the adjacent surfaces.
2.
The permittee has the option of installing full depth pavement using
an acceptable asphalt paving mixture immediately upon completion of
the compaction of the backfill excluding reconstructed protected streets
and full-depth concreted roadways.
3.
Upon the expiration of the permit, all equipment, construction materials
and debris shall be removed from the site, unless otherwise stipulated.
4.
When final restoration is to be done the materials are to be removed
with hand tools to a depth necessary to accomplish the final restoration.
5.
In the event that two or more unconnected road openings are requested
and dug only 50 feet or less apart, the restoration requirements shall
include the curb-to-curb milling and paving of a continuous area including
the undisturbed area between the trenches.
[Amended 5-5-2020 by Ord.
No. 2020-19]
i.
Plating and Decking.
1.
All plating and decking installed by the permittee shall be made
safe for vehicles and/or pedestrians and shall be adequate to carry
the load.
2.
The size of the plate or decking shall be large enough to span the
opening, be firmly placed to prevent rocking and shall overlap the
edges of trenches and openings and be sufficiently ramped to provide
smooth riding and a safe condition.
3.
All plating and decking shall be fastened by splicing, countersinking
or otherwise protected to prevent movement.
4.
Where deflections are more than 3/4 inches, heavier sections of plates
or decking or intermediate supports shall be installed.
5.
All permittees who install plating and decking during the winter
months shall either post signs at the site indicating "Steel Plates
Ahead Raise Plow" or shall countersink said plates flush to the level
of the roadway. All signs shall be of the size and type specified
in the Federal Manual on Uniform Traffic Control Devices. These signs
shall be placed on the sidewalk, adjacent to the curb, facing vehicle
traffic five feet prior to the plates. On two-way streets, signs shall
be placed on both sides of the street five feet prior to the plates.
6.
All plating and decking shall have a skid-resistant surface equal
to or greater than the adjacent existing street or roadway surface.
j.
Base.
1.
Concrete and asphalt base material shall conform to specifications.
2.
Concrete for base shall be plated in a driving lane and intersections
or barricaded in accordance with the Federal Manual on Uniform Traffic
Control Devices in a parking lane for a minimum of three days to permit
proper cure of concrete, unless otherwise specified.
3.
Hot asphalt binder materials may be used in place of concrete for
nonprotected and/or resurfaced streets at a thickness ratio of 1 1/2
inch of asphalt for every inch of concrete.
4.
The concrete base shall be restored at the same grade as the existing
base.
5.
At no time will asphalt other than binder be permitted as a base
course. Conduit or pipes shall be installed at a minimum depth of
18 inches from the surface of the roadway, or below the base, whichever
is greater. Where conduits and pipes cannot be installed at the required
minimum depth, protective plating shall be installed over the facilities
upon written request from the permittee and receipt of written approval
by the Town Engineer.
k.
Wearing Course.
1.
Wearing course material shall conform to the New Jersey Department
of Transportation (NJDOT) specifications.
2.
The finished grade of the wearing course shall be flush with surrounding
pavement on all sides of the cut; the restored wearing course shall
extend for a distance of six inches beyond the edge of the base course.
3.
The minimum thickness of the wearing course on full depth asphalt
restoration shall be a minimum of two inches.
4.
When more than one roadway opening is made against a single permit
and the openings are less than three feet apart the openings are machine
excavated, the existing wearing course between such openings shall
be restored integrally with the opening wearing course restoration,
in accordance with the Town's standard detail.
5.
When openings are made by digging with hand tools or hand held pneumatic
tools, the existing wearing course between such openings need not
be replaced.
6.
When a street opening is 12 inches or less from the curb, the entire
pavement between the opening and curb shall be excavated and replaced
in kind, in accordance with the current Town's standard detail.
The pavement base shall be inspected and repaired where necessary
and a new wearing course shall be installed from the curb to the street
opening. The areas described above shall be included in the permittee's
guarantee.
7.
Whenever any street is excavated, the permittee shall restore such
street in kind as to material type, color, finish or distinctive design.
8.
The wearing course shall be properly sealed completely at the edges
of the cut with liquid asphaltic cement ironed in with a heated smoothing
iron or by means of infrared treatment to prevent water seepage into
the pavement.
9.
Any roadway pavement markings, including but not limited to crosswalks
and lane lines, and any parking or regulatory signs or supports shall
be replaced in kind in accordance with the Manual on Uniform Traffic
Control Devices.
10.
Upon completion of temporary restoration measures, a thirty-day settlement
period shall be observed. Upon completion of the settlement period,
final (permanent) restorations shall be completed within 10 working
days, or as directed by the Department of Public Works should the
final restoration period fall within the winter season.
[Amended 5-5-2020 by Ord.
No. 2020-19]
l.
Quality Control Program Requirement for Roadways.
1.
All permittees engaged in street openings, shall complete the work
so as to provide smooth riding surfaces throughout the guarantee period
on their respective restorations.
2.
A documented quality history of restoration shall be maintained by
the responsible permittee. This information should show that inspections
are made at some optimum intervals to assure conformance to the guarantee.
3.
Quality Control Program information shall be made available to the
Town upon request.
4.
The use of experimental methods or materials may be authorized under
selective conditions, upon application to the town for approval prior
to use on the Town's streets.
5.
Any permittee may file a proposed Quality Control Program with the
Town for approval. The Town's Engineer may waive any of the foregoing
specification requirements as part of an approved program of Quality
Control. Any waiver so granted shall remain in effect as long as the
approved program is implemented in a manner satisfactory to the Town
Engineer.
m.
Other Requirements.
1.
Street Opening Location Form.
(a)
Permittees shall maintain a street opening location form ("cutform")
at their office and shall provide this form to the Town upon request.
Such cutform shall include the following information:
(1)
A sketch showing the exact dimensions and location of the restored
area, and a description of the opening or trench defined by distance
in feet from the nearest intersection and from the nearest curbline;
(2)
The street opening permit number;
(3)
The date of completion of the final restoration;
(4)
The name of the final pavement restoration contractor; and
(5)
A compaction report certified by a licensed professional engineer,
when applicable.
(b)
Failure to submit a cutform upon request may jeopardize future
permit requests and may subject permittees to summonses.
2.
Guarantee Period. Permittees shall be responsible for permanent restoration
and maintenance of street openings and excavations for a period of
three years on unprotected streets, and up to five years on protected
streets commencing on the restoration completion date. This period
shall be the guarantee period.
3.
Permittees shall comply with all applicable sections of these rules,
the specifications, and all other applicable laws or rules.
4.
The Town Engineer can require the use of infrared technology for
smoothing out the repaired or restored surface.
5.
Any street opening in connection with the installation of telecommunication
equipment that is not confined to within eight feet of the curbline,
including the required cut back, on any street, regardless of status
— protected or unprotected — or where located within the
Town, and/or within any sidewalk area within the Town, shall require
full curb-to-curb roadway restoration under all circumstances.
[Ord. No. 2004-(O)-56 § 2]
No street opening actively shall be allowed, except for emergency
work or as authorized by the Mayor and Council, in an area that will
disrupt or impact in any way Streetscape Improvements, unless permittee,
in addition to satisfying all other requirements of this section shall
satisfy the following requirements before a permit shall issue.
a.
Permit Issuance. Applicants for an excavation and street opening
permit in a Streetscape Improvement area shall submit the following
documents to the Construction Code Enforcement Department;
1.
Plans, at proper scale, illustrating the proposed work;
2.
Photographs of the Streetscape Improvements which will be impacted
by the proposed work and the areas immediately adjacent thereto (collectively,
the "Streetscape Area") as it exists at the time of the application
for the permit;
3.
A utility mark-out within the Streetscape Area;
4.
A written agreement to completely restore the Streetscape Area within
a specified number of calendar days after the first disruption thereof
to the condition it was in at the time it was first completed. The
selected period of time is subject to the approval of a representative
of the Construction Code Enforcement Department;
5.
Specifications, matching those used to construct the Streetscape
Improvements in the first place, for the complete restoration of any
and all bituminous paving, concrete sidewalks, concrete curbs, brick
pavers, bollards, light poles, benches, trash receptacles, planters,
sign posts and all other aspects of the Streetscape Improvements that
may be disrupted or impacted in any way by such work;
6.
An itemized and detailed estimate of the cost of the proposed work,
including the cost of the complete restoration of the Streetscape
Area, prepared by the applicant's architect or engineer;
7.
A written agreement to submit photographs of the Streetscape Area
once the Construction Code Enforcement representative has approved
the complete restoration of the Streetscape Area.
[Ord. No. 2004-(O)-56 § 2; Ord. No. 2007-(O)-19 § 1; Ord. No. 2008-(O)-15 § 2; Ord. No. 2012-38 §§ 1 —
3; Ord. No. 2018-24]
No street opening activity shall be allowed, except for emergency
work or as authorized by the Mayor and Council, in a protected street
for a period of 10 years from the completion of the street improvement.
The Town Engineer shall once a year, or as often as may be appropriate,
provide to public utility providers and the general public notice
of planned work on municipal roads, advising that any work requiring
excavation or disruption of pavement within or about those roads will
have to be completed prior to the Town paving project. Such notice
shall state that no road opening permits shall be issued for openings,
cuts or excavations in newly paved roads for a period of 10 years
from the completion of the paving project. The notice shall also provide
that applications for road opening permits for work to be done prior
to the Town paving project shall be submitted promptly in order that
the work covered by the permit may be completed before paving.
Notice to public utility providers shall be by certified mail.
Notice to the public shall be provided by publication in an official
newspaper designated by the Mayor and Council.
a.
Permit Issuance. No permit to use or open any street, except for
emergency work, shall be issued to any person within a ten-year period
after the completion of the construction of a capital project relating
to such street requiring resurfacing or reconstruction unless such
person demonstrates that the need for the work could not have reasonably
been anticipated prior to or during such construction. Notwithstanding
the foregoing provisions, the Mayor and Council may authorize the
issuance of a permit to open a street within such ten-year period
upon a finding of necessity therefor.
b.
Conditions. Permittees shall be responsible to contact the Town Engineer
and Department of Public Works to determine whether a street is scheduled
to be rebuilt under a street reconstruction project.
d.
Restorations.
1.
No backfill of any opening or excavation on a protected street shall
be performed unless the permittee notifies the Department of Public
Works at least 48 hours prior to the scheduled start time for the
backfill. In no case shall the permittee commence the backfill prior
to the scheduled start time. For the base and wearing course, the
permittee shall fax its daily paving schedule to the Department of
Public Works prior to commencing work. In addition, during the backfill
and compaction phase of the work, permittees must provide, on site,
a certified compaction tester from an approved laboratory or a licensed
certified tester to test that the compaction of the backfills is in
accordance with the Department of Public Work's rules and specifications.
Upon completion of temporary restoration measures, a thirty-day settlement
period shall be observed. Upon completion of the settlement period,
final (permanent) restorations shall be completed within 10 working
days, or as directed by the Department of Public Works should the
final restoration period fall within the winter season.
[Amended 5-5-2020 by Ord.
No. 2020-19]
2.
The Department of Public Works may inspect any phase of the work,
including but not limited to initial excavation, backfill and compaction,
performance of required cut backs, and final restoration.
3.
A certification issued by a New Jersey licensed professional engineer
shall be provided to the Town Engineer within 30 days of completion
of work on protected streets. The certification shall state that the
type of work performed was as described in the permit application,
and that all phases of the restoration were performed in accordance
with the Town rules and specifications.
4.
Permittees shall be responsible for the proper repair of the street
opening or excavation for a period of three years from the date of
completion or for the duration of the protected street guarantee period,
whichever is longer.
5.
Where street openings cannot be confined to within four feet of the
curbline, including the required cut back, and/or within the sidewalk
area, full curb to curb roadway restoration shall be required where
protected street status has been in effect for 48 months or less,
unless otherwise directed by the Mayor and Council.
[Amended 5-5-2020 by Ord.
No. 2020-19]
6.
In the event a permanent restoration pavement installed in violation
of the provisions of paragraph 1 of this paragraph d settles more
than two inches below the surrounding existing surface during the
life of such permanent restoration, this shall be deemed a failure
of the backfill compaction, in which case, the permittee shall remove
all of the failed backfill, down to the subsurface facility, and install
new, properly compacted backfill and the final finish should be infrared
for a smooth trench.
7.
In those circumstances where a nonemergency linear opening or excavation
is performed on a street where protected streets status has been in
effect for a period of four years or less, then the permittee shall
be required to perform full curb to curb roadway restoration on the
protected street, plus curb to curb repaving of another street in
the area, as designated by the Town Engineer with the consent of the
Mayor and Council. The length of the repaving of the additional street
shall be substantially equivalent (as determined by the Town Engineer)
to the length of the restoration of the protected street that was
opened/excavated within this four-year period.
[Amended 5-5-2020 by Ord.
No. 2020-19]
[Ord. No. 2004-(O)-56 § 2]
a.
Permit Requirements.
[Amended 5-5-2020 by Ord.
No. 2020-19]
1.
No person shall perform emergency work without contacting the Kearny
Police Department to declare the emergency and request traffic control.
2.
An emergency road opening permit application shall be filed with
the Department of Public Works within the next two working days after
the opening is made.
b.
Conditions.
1.
A permittee shall begin emergency work within two hours after contacting
the Kearny Police Department.
[Amended 5-5-2020 by Ord.
No. 2020-19]
2.
A permittee shall perform emergency work on an around-the-clock basis
until the emergency is eliminated. Once the emergency is eliminated
on a critical roadway, the permittee shall suspend work, restore the
full width of the roadway and resume work, if necessary, during nights,
weekends or off-traffic hours. Such resumption of work shall only
be undertaken within the forty-eight-hour duration of the emergency
declaration. A permittee working under an emergency on a roadway other
than a critical roadway may suspend or resume work at any time within
the forty-eight-hour period.
[Amended 5-5-2020 by Ord.
No. 2020-19]
3.
No more than one lane of traffic may be obstructed, however, if an
emergency street opening is larger than eight feet by 10 feet, permittee
may occupy up to a maximum of 12 feet on one side of the opening and
maximum of six feet on the other side.
4.
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated, except as otherwise directed
by the Town Engineer. The Town Engineer may require all street openings
and excavations at any location to be plated when no work is in progress.
In the case of gas or steam leaks, barricades in accordance with the
federal Manual on Uniform Traffic Control Devices shall be used until
the leak is corrected.
5.
Barricades, signs, lights and other approved safety devices shall
be displayed in accordance with the federal Manual on Uniform Traffic
Control Devices.
6.
A minimum of four feet sidewalk width of unobstructed pedestrian
passageway, pedestrians shall be directed by signs to the opposite
sidewalk.
7.
No private vehicles shall be kept within the work area.
8.
Any additional information regarding the emergency work that is requested
at the site by a Department inspector shall be provided by the permittee
and/or the persons performing such work.
[Amended 5-5-2020 by Ord.
No. 2020-19]
9.
Flagpersons. Permittees whose work results in the closing of a moving
traffic lane, which requires traffic to be diverted to another lane,
shall, at all times which actively working at the site, post a flagperson
or utilize an authorized plan for the maintenance and protection of
traffic at the point where traffic is diverted to assist motorists
and pedestrians to proceed around the obstructed lane.
c.
Application. When applying for an emergency road opening permit,
a permittee shall submit all information required by the Department
of Public Works, Street Department. This information includes, but
is not limited to, the following:
[Amended 5-5-2020 by Ord.
No. 2020-19]
1.
Name of permittee;
2.
A description of the work performed;
3.
The street address including the nearest cross streets where the
opening occurred;
4.
Reason and type of emergency (including interruption of service);
6.
The type of pavement or surface that was opened;
7.
Whether the emergency opening is within a streetscape area (if so, the provisions of Subsection 23-20.9 will apply);
8.
Whether the emergency opening is on a protected street (if so, the provisions of Subsection 23-20.10 will apply);
9.
The name and address of the compaction testing company or laboratory,
as required on certain designated emergency streets only;
10.
A written agreement to completely restore the area affected
within a specified number of calendar days after the first disruption
thereof to the condition it was in at the time it was first completed.
The selected period of time is subject to the approval of a representative
of the Department of Public Works, Street Division;
11.
Specifications, matching those used to construct the street
or roadway in the first place, for the complete restoration of any
and all bituminous paving, concrete sidewalks, concrete curbs, brick
pavers, bollards, light poles, benches, trash receptacles, planters,
sign posts and all other aspects of the street or roadway that may
be disrupted or impacted in any way by such work;
12.
An itemized and detailed estimate of the cost of the work, including
the cost of complete restoration of the street or roadway prepared
by the applicant's architect or engineer; and
13.
A written agreement to submit photographs of the street or roadway
once the Department of Public Works, Street Division, representative
has approved the complete restoration of the street or roadway.
[Ord. No. 2004-(O)-56 § 2; Ord. No. 2012-38 §§ 4, 5]
a.
No permit shall issue for work on a newly constructed street, which street shall have been constructed after the passage of this section, for a period of 10 years from the date of acceptance of such construction, except in cases of emergency as described in subsection 23-20.11.
[Ord. No. 2004-(O)-56 § 2]
Any person who shall violate any of the provisions of this section, or take part in or assist in any violation, or who shall violate or fail to comply with any order or regulation made under the provisions of this section, or shall make any excavation or store any material within the line of any municipally controlled road or street in the Town of Kearny, except as allowed by permit under the provisions of this section, shall severally for each and every such violation or noncompliance, respectively, not otherwise provided for, be liable to the penalty stated in Chapter 1, Section 1-5. Should any person, firm or corporation in violating any of the provisions of this section, after notice of such violation, continue such violation, each 24 hours that the same shall be continued shall be construed to constitute a separate and distinct violation.
[Ord. No. 2004-(O)-56 §
2]
The provisions of this section in no way shall affect the provisions
of an ordinance entitled "An ordinance granting permission and consent
to New Jersey Bell Telephone Company, its successors and assigns,
to use various streets, roads, avenues and highways, and parts thereof,
in the Town of Kearny, Hudson County, New Jersey, either above or
below the surface thereof, or both, for the construction, maintenance
and operation of its local and through lines and systems in connection
with the transaction of its business, and prescribing the manner of
so doing," adopted April 13, 1932; and this chapter shall continue
hereafter in full force and affect.
[Ord. No. 2000-O-10 § 1]
No person shall install or maintain or permit the installation
or maintenance of any pay telephone on or over any public street,
sidewalk, or right-of-way without the written authorization of the
Mayor and Council.
[Ord. No. 2000-O-10 § 2]
All pay telephones in violation of subsection 23-21.1 shall be removed within 30 days of the effective date of this section.
[Ord. No. 2000-O-10 §§ 3,
4]
[Ord. No. 2000-O-10 § 5]
If the Town removes any pay telephone pursuant to this section,
then such pay telephone shall be impounded by the Town and not released
to the owner thereof except upon the payment of any fines imposed
pursuant to this section and a reasonable charge for the removal of
said pay telephone. Any pay telephone not reclaimed by the owner within
three months of impoundment shall be deemed abandoned and subject
to disposition as abandoned property.
[Ord. No. 2001-O-44 § 1]
All applications submitted to the Mayor and Council shall be
in writing and shall be accompanied by a processing fee of $25 if
submitted on or before December 31, 2001 and of $100 thereafter.
[Ord. No. 2001-O-44 § 1]
In reviewing an application, the Mayor and Council may consider
the public need for a pay telephone at the proposed location, the
potential for increasing and exacerbating loitering or criminal or
disorderly activity at the proposed location by locating a pay telephone
there, the potential for causing or increasing interference with the
free passage of pedestrians at the proposed location by locating a
pay telephone there, and any other factors which may impact on public
health, safety or welfare by the installation of a pay telephone at
the proposed location.
