[Adopted 12-28-1968 by Ord.
No. 15-68 (Ch. 76, Art. II, of the 1972 Code)]
A.
No map profile which provides for, shows or delineates
thereon any street within the limits of the Borough of Kinnelon shall be approved
by the Planning Board of said Borough for filing in the office of the Clerk
of Morris County unless it shall in all respects be in accordance with the
laws of the State of New Jersey and shall conform to the following requirements:
(1)
No street shall have a right-of-way width of less than
50 feet. All pavement shall be constructed in the center of the right-of-way,
except those pavements that, in the opinion of the Planning Board, may vary
slightly for topographic reasons.
(2)
All roads shall have a paved width of at least 26 feet.
The Planning Board may require wider paved width where, in its opinion, such
would be for the safety and welfare of the people.
(3)
Cul-de-sac streets shall not be longer than 1,000 feet,
cumulative. The length of said cul-de-sac streets shall be measured beginning
at the further side of the bulb of the cul-de-sac and shall run to the curb
of the first through street, which shall not be more than 1,000 feet from
the beginning. Cul-de-sac streets shall provide a paved and curbed turnaround
at the end of the right-of-way radius of not less than 55 feet. The turnaround
area shall be tangent, whenever possible, to the right side of the street
upon entering. There shall be a minimum pavement radius of 45 feet on the
cul-de-sac. If the cul-de-sac street is of a temporary nature, an easement
for a conforming turnaround shall be provided on the preliminary and final
subdivision maps. Provisions shall also be made on the maps for the future
extension of the road, reversion of the excess right-of-way to the adjoining
properties and removal and restoration of the temporary cul-de-sac and area.
Such removal and restoration shall be the responsibility of the developer
who extends the street. All dead-end roads shall have a maximum grade of 5%
and a minimum grade of 1%.
[Amended 3-19-1987 by Ord.
No. 3-87; 6-18-1987 by Ord.
No. 9-87]
(4)
Any road center-line radius of less than 200 feet will
require widening of the paved area. The extent of the widening will be determined
by the Borough Engineer and approved by the Planning Board.
(5)
All roads shall have a maximum grade of 10% and a minimum
grade of 1%, except as approved by the Engineer and the Planning Board.
(6)
Each street shall be improved with a pavement constructed
in accordance with the following specifications:
(a)
Four-inch-thick macadam base course.
[1]
Description. The macadam base course shall include the
preparation of the subgrade and the construction of pavement base courses
of macadam to the prescribed lines, grades and dimensions at the prescribed
locations in accordance with plans and specifications.
[2]
Materials. The aggregate shall be two-and-one-half-inch
stone with screening B used for binder. Gradation and quality shall be in
conformity with the New Jersey State Highway Department requirements. Other
base materials shall be permitted only with the approval of the Borough Engineer.
[3]
Method of construction. The subgrade shall be stable
and in a properly finished condition and shall not be wet or frozen when the
base course is to be placed thereon. The aggregate shall be spread on the
subgrade in a layer of the proper depth and shall be compacted with three-wheel
power-driven rollers having a load of not less than 330 pounds per lineal
inch of tread of rear wheels until thoroughly consolidated. The binder shall
then be spread over the aggregate in small quantities and shall be swept and
rolled into the voids, care being taken to form no surface crust. More binder
shall be spread, swept and rolled as may be necessary to fill all voids until
the aggregate ceases to sink or creep under the roller. No rolling shall be
done when the binder is wet, and the binder shall not be dumped or stored
on the aggregate. If during the construction the subgrade is forced below
its proper level or up into the voids of the aggregate, the builder shall
remove and replace loose and unstable subgrade material, reshape the subgrade
and replace and reconsolidate the base course to the satisfaction of the Borough
Engineer. The finished base course shall be at the prescribed grade and contour,
shall have the required four-inch depth and width, shall be free from excess
binder, ruts and loose stones, and shall show no evidence of instability and
other defects. Vibratory compaction equipment may be used in lieu of power
rollers, subject to the approval of the Borough Engineer.
(b)
Two-inch-thick bituminous stabilized base course.
[1]
Description. The bituminous stabilized base course shall
consist of soil aggregate and bituminous material uniformly mixed as hereinafter
specified and placed on a previously constructed macadam base course.
[2]
Materials. The soil aggregate and bituminous material
shall be as specified in Article 3.2A.2 of the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction, 1961, with addenda
and latest revisions.
[3]
Methods of construction.
[a]
The methods of construction shall conform to Articles
3.2A.3 and 3.10.3 of the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction, 1961.
[b]
The mixture shall leave the plant at a temperature sufficient
for workability under prevailing conditions. However, the temperature of the
mixture when laid shall not be less than 200º F.
[c]
The bituminous stabilized base shall be laid to a compacted
depth of two inches, using an approved spreading and finishing machine. The
equipment shall operate without tearing, shoving or gouging the material and
shall be able to form a finished surface true to grade, contour, thickness
and weight.
[d]
Compaction shall be with a three-wheel power-driven roller
having a load of not less than 330 pounds per inch of width of tread of rear
wheel and a total metal weight of 10 tons, and a two-axle power-driven tandem
roller having a load of not less than 250 pounds per inch of width of tread
of drive roll and a total metal weight of not less than eight tons. Other
rollers shall be subject to the approval of the Engineer. The rolling shall
begin at the outside edge and work towards the center. The roller wheels shall
be kept moist with only enough water to avoid picking up materials. The final
compacted two-inch thickness shall weigh not less than 200 pounds per square
yard.
[e]
The bituminous stabilized base course shall be used as
a wearing surface for a minimum period of six months before the surface course
is laid. Therefore, all inlets, manholes, valves, etc., which protrude above
the base course shall be provided with a bituminous ramping of the base material
to provide free drainage at the drainage structures and adequate ramping at
manholes and valves to avoid conflicts with snow removal equipment.
(c)
One-and-one-half-inch-thick hot-mixed bituminous concrete,
Type MABC-1, surface course.
[1]
Description. Hot-mixed bituminous concrete, Type MABC-1,
shall be applied to a compacted depth of 1 1/2 inches on the previously constructed
base courses.
[2]
Materials. Bituminous material, mineral filler, coarse
and fine aggregate and tack coat materials shall be as specified in Article
3.10.2 of the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction, 1961.
[3]
Methods of construction.
[a]
Prior to the laying of the surface course, the base shall
be swept clean of all loose material and a tack coat applied. The methods
of construction shall conform to Article 3.10.3 of the above-mentioned Standard
Specifications.
[b]
The surface course shall not be placed when the temperature
is below 40º F. or when the weather is foggy, rainy or otherwise unfavorable,
in the opinion of the Engineer. The base course shall be clean, dry and free
from frost and maintained in that condition.
[c]
The bituminous concrete surface course shall be laid
to a compacted depth of 1 1/2 inches, using an approved spreading and finishing
machine and compacting equipment as herein specified under § 173-10A(6)(b)[3][d].
The final compacted one-and-one-half inch thickness shall weigh not less than
165 pounds per square yard.
[d]
All utility boxes, i.e., water, gas, etc., shall be raised
to grade by the contractor. If their location or structure does not permit
this, the proper utility shall be notified by the contractor. Any box or structure
covered or broken shall be dug up and repaired or replaced.
(7)
All roads except private roads shall be provided with
beveled concrete curbing constructed in accordance with the standard details
and specifications on file with the Engineer.
(8)
Private roads shall conform to all the required specifications
of this article, except that curbing will not be mandatory. If curbing is
not used, dished gutters on both sides of a twenty-foot-paved-width roadway
shall be required on all grades of 6% or more. Said dished gutters shall be
continued to at least the first drainage inlet. Wherever gutters are not required,
private roads shall have three-foot-wide shoulders constructed of shoulder
stone seven inches in depth and compacted with a ten-ton roller.
(9)
Private roads must be approved by the Planning Board, and the maintenance must be guaranteed by a bona fide organization which has shown evidence by previous performance of satisfactory road maintenance, or, at the discretion of the Planning Board, by a maintenance bond in an amount sufficient to make the necessary improvements to meet Borough standards. Said bond shall remain in force for as long as the roads remain private. Nothing herein shall exempt the requirements of § 173-14. Said private roads shall not be acceptable to the Borough of Kinnelon until they meet the standards of this article.
(10)
During construction and prior to final acceptance of
the road by the Borough, the Engineer may require the installation of underdrains
where deemed necessary. Drains shall be constructed in accordance with the
standard details and specifications on file with the Engineer.
(11)
Guardrails[1] will be required along rights-of-way where, in the opinion of
the Planning Board and the Borough Engineer, they are needed for public safety.
Guardrails may also be required at any time during construction or prior to
final acceptance of the road, as determined by the Engineer and the Planning
Board.
(12)
All drainage pipe shall be 18 inches minimum diameter.
Minimum strength and material requirements shall be Class 111, Wall B, reinforced
concrete pipe, or an approved equivalent, as specified in the New Jersey State
Highway Department Standard Specifications for Road and Bridge Construction,
1961. Corrugated steel pipe will not be permitted.
(13)
Drainage inlets, manholes, headwalls and other appurtenances
shall be constructed in accordance with the standard details and specifications
on file with the Engineer.
(14)
Street signs are required and shall be installed as directed
by the Engineer and Planning Board. The Planning Board shall reserve the right
to recommend changes in or to reject proposed street names. Street signs shall
be installed simultaneously with the installation of the macadam base course
and shall be maintained by the developer until accepted by the Borough.
[Amended 10-16-1986 by Ord.
No. 17-86]
(15)
If requested, the contractor shall make records available
to the Borough Engineer or his representative as to weight and quality of
material used on subject road.
(17)
The area behind the curb, as required by the Engineer
and Planning Board, shall have a graded shoulder to provide for the future
installation of utilities. In general, slopes in earth shall be 2:1 and slopes
in rock shall be 1:4.
(18)
The map shall clearly indicate the angle of intersection
of each proposed street with other proposed streets and with existing streets.
No two streets shall intersect at an angle of less than 60º nor more
than 120º.
(19)
Street intersections shall be rounded by an arc, the
minimum radius of which shall be 30 feet.
(20)
The map shall accurately indicate the location of all
monuments and the material of which said monuments are composed. Monuments
shall be located at diagonally opposite corners of each street interconnection,
at the beginning and end of all curves and at all points as are necessary
to establish definitely all lines on the map. Said monuments shall be accurately
set, shall be of concrete, shall have a depth of at least 2 1/2 feet, and
shall be at least six inches square at the bottom and five by five inches
at the top. Where subsurface or rock condition shall make the setting of a
two-and-one-half-foot monument impractical, the Municipal Engineer, in lieu
thereof, may designate a monument of lesser length, which shall, however,
be set permanently so as to be stable.
(21)
The final map shall be drawn accurately to a scale of
not less than one inch equals 100 feet. All dimensions inscribed on the map
shall be to the nearest 1/100 of a foot. All bearings inscribed on the map
shall be to the nearest 10 seconds. The lengths of all arcs, radii and tangents
of any curved street lines or curved corner intersections shall be inscribed
on the map to the nearest 1/100 of a foot, and the central angle to the nearest
10 seconds. The map shall designate thereon the direction of magnetic North.
(22)
There shall be presented one original tracing and one
copy of the map on translucent linen tracing cloth, with all delineations
made thereon in black, fast-colored, waterproof drawing ink, together with
five duplicate copies.
(23)
The map shall bear the official seal of an engineer and
land surveyor licensed by the State of New Jersey.
(24)
Prior to the approval of any such map for filing by the
said Planning Board, the following requirements shall be complied with:
(a)
Proper petitions for such approval, signed and acknowledged
as deeds of real estate, are required by law to be acknowledged by every owner
of, and any other person or corporation having a lien upon or other legal
or equitable estate or interest in, the mapped premises or in any land including
or abutting the overall right-of-way width of any street proposed upon said
map. Each such petition shall specify the name and address and the nature
of the interest of each such owner and of each such person or corporation
having a lien or other legal or equitable estate or interest, and shall be
in such form that compliance or noncompliance with the provisions of this
article shall readily appear.
(b)
Said owner or owners will construct improvements as proposed
on said map and will construct in accordance with aforesaid specifications
and plans and the provisions of this article and other ordinances of the Borough
of Kinnelon on or before a date specified in said petition, which date shall
be not more than two years after the filing of said petition with the said
Planning Board. Said date shall be subject to change with the consent of both
said owner and the said Planning Board.
(c)
Said owner or owners will pay to the Borough forthwith
upon demand the expenses of the Borough in connection with the inspection
of the grading and the construction of said roads and other improvements,
not to exceed 2% of the total cost of such improvements.
(d)
Said owner or owners will obtain and file with the Borough upon the completion of the proposed improvements a proper maintenance bond or bonds as provided in § 173-14 of this article.
(e)
Construction plans, cross sections and profiles shall
be drawn to a scale of not less than one inch equals 50 feet (horizontal)
and one inch equals five feet (vertical) along the center line of each street,
together with a description and location datum.
(f)
Satisfactory drainage of tracts shall be provided as
required by the Engineer and the Planning Board.
(g)
A certificate of title acceptable to the Borough as to
the ownership of the mapped premises and as to the interest of each person
or corporation signing the said petition shall be presented to the Planning
Board, said certificate of title to contain a statement as to the restrictive
covenants or provisions to which any part of the mapped premises is subject.
(h)
There shall also be presented to the Planning Board a
copy of any restrictive covenant or provisions to be imposed upon the mapped
premises or any part thereof, conditional to sale.
(25)
All new roads shall be so oriented as to permit, within
the limits of practicability and feasibility, the buildings constructed thereon
to maximize solar gain.
[Added 9-16-1982 by Ord.
No. 13-82]
No approval of a map for filing in the office of the Clerk of Morris
County shall be granted by the Planning Board unless the petition and all
accompanying documents have been presented to said Planning Board at a regular
meeting thereof or at a special meeting called for that purpose, and a reasonable
time has been afforded said Board for the proper consideration of such matter.
Thirty days is hereby fixed as a reasonable time.
Neither the approval or any map for filing in the office of the Clerk
of Morris County nor the inspection of any road shall obligate the said Borough
to accept any street as a Borough or public street or shall imply an acceptance
of any street, nor shall it obligate the said Borough to maintain, be responsible
for the upkeep of or exercise jurisdiction over the same, unless such road
is later constructed to the specifications of this article.
[Added 12-21-1989 by Ord.
No. 24-89]
A.
Conditions precedent. This provision shall be applicable
upon failure of owners/developers to repair and maintain improvements before
acceptance by the Borough and whenever officers or employees of the Borough
determine that the condition of nonpublic improvements constitutes a hazard
to the public.
B.
Action by Borough. Appropriate emergency repair and maintenance
and removal of snow and ice shall be undertaken by the Borough.
C.
Cost of emergency services to be a lien. Whenever emergency
services are provided with respect to nonpublic improvements, the cost thereof
may be chargeable and accessible against the owner/developer of said improvements.
D.
Extent of Borough obligation. Nothing in this provision
shall be deemed or interpreted to constitute either a dedication of said improvements
to the public or an acceptance thereof by the Borough. The purpose of this
provision is to permit the Borough to perform certain emergency repairs and
maintenance and to do certain snow plowing without any further obligation
on the Borough's part to continue to perform these services.
[Amended 12-21-1989 by Ord.
No. 21-89]
No street provided for, shown or delineated upon a map approved for
filing in the office of the Clerk of Morris County pursuant to this article
or the Land Subdivision Ordinance of the Borough of Kinnelon[1] shall be accepted as a Borough or public street and no land reserved
thereon for public use shall be accepted by said Borough unless a maintenance
guaranty in favor of the Borough shall be filed with the Planning Board upon
completion of the required improvements and the acceptance thereof by the
Borough, indemnifying the Borough against any and all losses resulting from
the use of defective workmanship or materials in construction of the improvements;
said maintenance guaranty shall be in an amount equal to 15% of the total
cost of the improvements. The Borough shall have the right to effect necessary
repairs due to defective materials or workmanship from the funds posted if
the developer does not make the necessary repaired within 10 days after notification,
in writing, by the Borough of Kinnelon.
For the purposes of this article, the terms used herein are defined
as follows:
Maps, plats, plans, charts and surveys of land presented for filing
in accordance with the provisions of this article or referred to in any law.
A street, avenue, highway, boulevard, road, land, alley, viaduct
or other way.
[Amended 2-16-1981 by L.L.
No. 1-81]
A.
Roads must have adequate drainage provisions, which provisions
must have approval of the Borough Engineer. No road, driveway or other connection
may be made with an existing road when such road, driveway, etc., interferes
with the satisfactory drainage of said road.
B.
All underdrains discharging from lots shall be tied into
the street drainage system after issuance of a permit by the Borough Clerk
following approval by the Borough Engineer.
No approval of a map for filing in the office of the Clerk of the County
of Morris shall be granted by the Planning Board unless:
A.
The streets shown thereon have been completed, together
with all other improvements in accordance with this article; or
B.
The owner or owners have entered into a written agreement
with the Borough of Kinnelon for the construction of said improvements, which
agreement shall be secured by a corporate performance guaranty bond, a certified
check refundable to the subdivider or developer after full compliance or any
other type of surety approved by the Borough Attorney and the Planning Board
in an amount sufficient to cover the cost of all the improvements as estimated
by the Borough Engineer and assuring the installation of such improvements
on or before an agreed date, such date to be within two years.
[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.
