[Adopted 7-10-1996 by Ord. No. 96-16[1]]
[1]
Editor's Note: This ordinance superseded former Art. IV, Openings,
adopted 4-8-1958 by Ord. No. 58-13, as amended.
As used in this article, the following terms shall have the
meanings indicated:
A condition or circumstance which involves immediate danger
to life or property, or both, or which involves a possibility of interruption
or curtailment of a service furnished to the public by a public utility.
Any public utility, individual or company to which a permit
has been issued under and pursuant to this article.
Any public utility as defined in N.J.S.A. 48:2-13.
A.
It shall be unlawful for any person to perform any excavation work
or to dig up, break, excavate, tunnel, undermine or in any manner
disturb any street or to make or cause to be made any excavation in
or under the surface of any street for any purpose or to place, deposit
or leave upon any street any earth or other excavated material obstructing
or tending to interfere with the free use of the street or dig up,
break, excavate or undermine or in any way affect any other public
improvement within a public right-of-way, unless such person shall
first have obtained a permit therefor from the Borough Construction
Department as herein provided.
B.
Application for a permit shall be made on forms to be provided by
the Borough. The application shall state the purpose of the excavation
and the name and address of the person who will restore the permanent
pavement when the same is not to be done by the Borough or the applicant.
The application shall be accompanied by a diagram indicating the nature
and extent of the excavation to be made and work to be done, the proposed
dates of commencement and completion of the excavation, which date
shall be the expiration date of any permit issued pursuant to the
application, and other data as may reasonably be required. If, during
the course of the work, any major variation is required, the permittee
shall file an amended diagram showing the manner in which the work
is actually being done.
C.
No permit shall be issued unless the application therefor has been
endorsed thereon in writing with the approval of the Supervisor of
the Traffic Bureau in the Police Department of the Borough of Kenilworth,
and the permit shall be subject to such conditions, restrictions,
limitations and instructions as may be provided by the Traffic Bureau
to promote the safe and efficient use of roadways within the Borough
of Kenilworth.
The fees payable for permits issued under this article shall be as provided in Chapter 91, Fees and Licenses. Such fees shall be applied to cover administrative costs of processing the application and engineering inspection fees necessitated by the work to be done.
In all cases where the sewer, laterals or other road openings
for any purposes shall not run at right angles to the street or shall
require an opening wider than three feet, the fees for the permits
above mentioned shall be double the fees for each opening in excess
of three feet in width; and for all openings exceeding a distance
of 15 feet, the fee shall be predicated upon the payment of a street
opening fee for each additional 15 feet that a street is opened.
A.
The Building Department shall forward a copy of each application
for a street opening permit to the Chief of Police for a determination
whether traffic control shall be required during the period of construction.
If it is determined that the permittee shall need the assistance of
a law enforcement officer to control traffic in the vicinity of the
construction site, then the applicant shall be required, in addition
to the other fees provided for in this article, to pay all costs associated
with having a police officer direct traffic at the site.
B.
All street openings and work areas shall be provided with warning
signs, barricades and lighting as necessary for public safety. All
warning, traffic control signs, barricades and lighting shall be in
conformance with the appropriate section of the State of New Jersey
Department of Transportation Manual on Uniform Traffic Control Devices.
A.
The application for an excavation permit to perform excavating work
under this article shall be accompanied by a repair deposit. Such
repair deposit will be in the form of cash or certified check made
payable to the Borough of Kenilworth and shall be received by the
Borough Clerk prior to the issuance of any permit. The amount of the
repair deposit required shall be calculated based on surface area
of opening and as follows:
(1)
For an opening up to 100 square feet: $500.
(2)
For an opening of 101 to 500 square feet: $1,000.
(3)
For an opening of 500 to 1,000 square feet: $1,500.
(4)
Any opening greater than 1,000 square feet: the cash deposit shall
be determined by the Borough Engineer, based on the size of the project.
B.
Any cash repair deposit made hereunder shall serve as security for
the repair and performance of work necessary to put the street in
as good a condition as it was prior to the excavation if the permittee
fails to make the necessary repairs or to complete the proper refilling
of the opening and the excavation work under the excavation permit.
C.
Upon the permittee's completion of the work covered by such permit
and upon written certification of the Borough Engineer that the permittee
has performed all work in conformity with this article, the entire
cash deposit shall be refunded to the permittee; provided, however,
that the Borough may use any or all of such deposit to pay for the
cost of any work the Borough performs or contracts to be performed
to restore or maintain the street as herein provided in the event
that the permittee fails to perform such work in accordance with the
provisions of this article, in which event the amount to be refunded
shall be reduced by the amount thus expended by the Borough.
D.
Cash repair deposits will be waived in the case of installation or
repair of sidewalks by the owner or by a person acting for the owner
of real property and may be waived in the case of installation of
new public improvements by a subdivider or site developer in accordance
with approved plans and without cost to the Borough; provided, however,
that such waiver will not be granted if, in the opinion of the Borough
Engineer, a cash repair deposit is necessary to assure protection
of existing improvements or to guarantee against damages during construction.
A.
If an individual cash repair deposit required by § 170-20 exceeds $500, or if the applicant is a public utility regulated by the federal government and/or the State of New Jersey, the applicant may deposit with the Borough Clerk a surety bond in the amount of the cash repair deposit or an annual bond in the amount of not less than $5,000, made payable to the Borough of Kenilworth. The required surety bond must be:
(1)
With good and sufficient surety.
(2)
By a surety company authorized to transact business in the State
of New Jersey.
(3)
Satisfactory to the Borough Attorney in form and substance.
(4)
Conditioned upon the permittee's compliance with this article and
to secure and hold the Borough and its officers harmless against any
and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Borough,
the Borough Council or any Borough officer may be liable by reason
of any accident or injury to person or property through the fault
of the permittee, either in not properly guarding the excavation or
for any other injury resulting from the negligence of the permittee,
and further conditioned to fill up, restore and place in good and
safe condition, as nearly as it can be, to its original condition
and to the satisfaction of the Borough Engineer, all openings and
excavations made in streets and to maintain any street where an excavation
is made in a condition as good as before said work shall have been
done for a period of 12 months after said work shall have been done,
usual wear and tear excepted. Any settlement of the surface within
said one-year period shall be deemed conclusive evidence of defective
backfilling by the permittee.
B.
Nothing herein contained shall be construed to require the permittee
to maintain any repairs to pavement made by the Borough if such repairs
should prove defective.
C.
Recovery on such bond for any injury or accident shall not exhaust
the bond but it shall, in its entirety, cover any or all future accidents
or injuries during the excavation work for which it is given.
D.
In the event of any suit or claim against the Borough by reason of
the negligence or default of the permittee, any final judgment against
the Borough requiring it to pay for such damage shall, upon the Borough
giving written notice to the permittee of such suit or claim, be conclusive
upon the permittee and his or her surety.
E.
An annual bond may be given under this provision which shall remain
in force for one year, conditioned as above, in the amount specified
above and in other respects as specified above but applicable as to
all excavation work in streets by the principal in such bond during
the term of one year from said date.
F.
Public utilities may deposit a corporate bond, conditioned as in
the case of a surety bond, in the amount of $5,000, in lieu of said
surety bond, but such corporate bond must be in addition to a cash
repair deposit of $500. Such cash repair deposit may, by Council action,
be returned with interest to the utility after a twelve-month period
wherein the Borough has made no charges or written demands against
the deposit.
Before the issuance of a permit, there shall be furnished to
the Borough a policy of insurance, insuring the Borough against public
liability and property damage with no less than single limit coverage
of $1,000,000 for personal injuries and no less than coverage of $250,000
for property damage. A municipal corporation or public utility corporation
may, in lieu of an insurance policy, file with the Borough its bond
to hold the Borough harmless from all damages to persons or property,
including the defense of any action, which may result from the issuance
of any permit and the work in connection therewith.
The permittee shall comply with the following general conditions
with regard to the opening, backfilling and resurfacing of any public
street or public place:
A.
The permittee shall keep each opening properly guarded and, at night,
have lights placed thereat and, in doing the work, interfere as little
as possible with the travel along the road and open no greater part
of the road at any time than shall be allowed by the Borough. If the
excavation is to extend the full width of the road, no more than 1/2
of the road shall be opened at one time, and such 1/2 shall be backfilled
before the other 1/2 is opened, so as to permit the free flow of traffic.
B.
The opening shall be backfilled immediately, and the pavement shall
be restored with at least a temporary pavement or bituminous concrete
base material unless otherwise directed by the Borough Engineer.
C.
Restoration of the opening shall be the responsibility of the permittee, and any deposit posted with the Borough as hereinbefore provided shall be returned only after compliance with § 170-20 of this article.
D.
The applicant shall give a twenty-four-hour notice to the Borough
Engineer prior to making an opening and prior to beginning surface
restoration.
E.
No opening shall be commenced on a Saturday, Sunday or holiday, except
in a case of emergency.
F.
On a bituminous-surface-treated road, the edges of the opening shall
be cut straight through the bituminous surface before the trench is
excavated.
G.
The work shall be so conducted as not to interfere with the water
mains, gas lines, sewer lines or their connections with houses unless
the permission of the proper authorities shall have been obtained.
All rock within five feet of a water main or other pipe, which might
be damaged thereby, shall be removed without blasting. No excavation
which will damage trees shall be made.
H.
After the underground installation has been completed, the permittee
shall promptly backfill the excavation. The backfill may consist of
the excavated materials but shall be free of all organic material,
debris and clay. It shall be placed in lifts of no more than 12 inches,
each lift to be thoroughly compacted to a grade of 24 inches below
subgrade, the remainder to be backfilled with bank-run gravel. Should
the excavated material be unsuitable for backfill, in the opinion
of the Borough Engineer, then the entire trench shall be backfilled
with bank-run gravel and compacted as described above. Bank-run gravel
shall conform to New Jersey State Department of Transportation soil
aggregate dry Type 1A.
I.
After the backfill has been placed, the permittee shall install a
temporary pavement of bituminous material over the opening and shall
keep such temporary pavement to grade until it has been replaced by
a permanent pavement.
J.
When final settlement has taken place, the permittee shall replace
the temporary pavement with a permanent pavement, which shall not
be less than 12 inches larger than the length and width of the opening.
The permanent pavement shall be of the same type as the original pavement,
unless authorized by the Borough Engineer. The Borough Engineer shall
be given one day's written notice previous to the time when the permanent
pavement is to be installed in order to permit an inspection thereof.
K.
The permittee shall utilize advanced reconstruction technology (e.g.,
infrared) to restore the pavement surface to the satisfaction of the
Borough Engineer.
[Added 10-22-2008 by Ord.
No. 2008-18]
L.
If work so permitted is to be performed on a street or roadway in
the Borough within five years after the street or roadway has been
resurfaced and/or reconstructed, the permittee shall be required to:
[Added 10-22-2008 by Ord.
No. 2008-18]
(1)
Provide a written explanation as to the necessity of the work
to the Borough Engineer.
(2)
Utilize advanced technologies subject to the approval of the
Borough Engineer (e.g., infrared) to restore the work area.
(3)
Post a performance guarantee with the Borough in the amount
of 120% of the cost of the road improvements and a maintenance guarantee
of 15% of the cost of construction, as estimated by the Borough Engineer
for a two-year period from final acceptance. Such guarantees may be
posted as cash, irrevocable letter of credit or bond in a form approved
by the Borough Attorney (minimum guarantee shall be $1,000).
(4)
Post escrow funds of $750 to allow the Borough Engineer to make
inspections as necessary to assure compliance with the requirements
of this section.
In case of emergency, any public utility, individual or company
may make an excavation in or tear up the surface of any road without
first having obtained from the Borough of Kenilworth a permit therefor,
in which case the public utility, individual or company shall make
application for such permit within two working days after the occurrence
of such emergency, provided that the public utility, individual or
company first facsimile transmits to the office of the Borough Clerk
and Borough Building Department a statement concerning the emergency
in question. If the emergency occurs on a weekend, the FAX notice
required by this section shall be made to the Police Department.
In accepting a permit, the permittee shall be deemed to have
agreed to indemnify and save harmless the Borough from and against
any and all loss, costs or damages incurred by reason of any damage
to any property, injury to any person or any loss of life resulting
from any negligence of the permittee, its agents or servants in performing
the work covered by the permit.
The provisions of this article shall not be applicable to any excavation work under the direction of competent Borough officials, by employees of the Borough or by any contractor of the Borough or agency or department of the Borough performing work for and on behalf of the Borough necessitating openings or excavations in streets, nor shall this article apply to any excavation work performed adjacent to or within public rights-of-way by subdividers or site developers in accordance with approved subdivision or site plans, provided that such subdividers or site developers have, if required, posted cash guaranties and surety in accordance with §§ 170-20 and 170-21 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Borough Engineer, Superintendent of the Department of Public
Works and the Police Department shall have the authority to enforce
the provisions of this article.
A.
The Borough of Kenilworth has adopted a long-range capital improvements
program which includes the reconstruction and resurfacing of Borough
streets on an as-needed basis. The Borough has initiated this program
with a view to improving the Borough's roads and to implement a policy
of ongoing preventive maintenance to ensure a safe and efficient infrastructure
in a cost-efficient manner to the taxpayers of the Borough.
B.
At least two months prior to the anticipated commencement of any
road construction or resurfacing project, the Borough Engineer shall
provide notice to all property owners with frontage on the street
to be improved. The same notice shall also be provided to all public
utility companies servicing the Borough of Kenilworth. Such notice
shall be made by regular, first-class mail, postage prepaid, and shall
be effective upon mailing. Any property owner, public utility or any
other person who intends to electively open a street for a repair
or improvement of an existing utility or the installation of a new
utility must obtain the permit to do so and complete the work prior
to and so as not to interfere with the reconstruction or resurfacing
work scheduled by the Borough.[1]
[1]
Editor's Note: Former § 170-22.8, Restrictions after
reconstruction or resurfacing, as amended, and § 170-22.9,
Violations; enforcing authority, which immediately followed this section,
were repealed 10-22-2008 by Ord. No. 2008-18
