[Adopted 8-2-1971 by Ord. No. 1:10-1971]
It shall be unlawful for any person to dig up,
break, excavate, tunnel, undermine or in any manner break up any road
or to cause the same without having first obtained a permit to do
so in the manner provided herein. A road shall be defined as any street,
road, lane, alley, place or right-of-way publicly accepted or dedicated,
used or usable by the public for travel and subject to the jurisdiction
of the Township of Chester.
A.
Application for a permit shall be made to the Township
Clerk and shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name of the street where the opening is to be
made, the location on the street referenced to known landmarks, and
the street number, if any, and owner of the abutting property.
(3)
The Township Tax Map block and lot number of property
for the service of which the opening is to be made.
(4)
The nature of the surface in which opening is to be
made.
(5)
The character and purpose of the work proposed.
(6)
The time when the work is to be commenced and completed.
B.
Each application shall be accompanied by a set of
plans clearly showing the exact location and dimension of all openings
and the street affected.
[Amended 11-7-2018 by Ord. No. 2018-03]
A.
Upon filing
of a complete application, required documentation, bonds and fees
to the satisfaction of the Township, the application shall be accepted
for review. All permits shall be issued by the Township Clerk upon
completion of review by the Township Engineer or other Township official
as designated by the Mayor and Council. The Township Clerk shall determine
the initial time during which the permit shall be valid. The Clerk
may, upon application by the permittee, extend the time limit during
which the permit shall be valid.
B.
No permit
shall be issued to open the pavement of any road which has been constructed
or reconstructed for a period of five years from the date of completion
of said construction except in the event of an emergency; and no permit
shall be issued to open the pavement of any road which has been resurfaced
for a period of three years from the date of completion of said work
except in the event of an emergency.
C.
Any person or entity including a public utility which is denied a street opening permit may appeal the denial to the Mayor and Council. The provisions of Subsection B notwithstanding, the Mayor and Council may grant a street opening permit in emergent situations for the purposes of public health, safety and welfare, or if the denial thereof creates a documented hardship for a private person or entity. However, a temporary delay in the development of property to accommodate the provisions of Subsection B shall not constitute a hardship.
D.
Whenever
the Township Council enacts any ordinance or resolution providing
for the paving or repaving of any road, the Clerk shall promptly mail
to the owner and tenants of lands abutting the portion of said road
to be paved or repaved and to any public utility using said road a
written notice to that effect.
Each permit shall state the identity and address
of the applicant, the name of the street and the location where the
opening is to be made, the dimensions of the opening and the period
during which the permit shall be valid. A copy of each permit shall
remain on file with the Clerk.
[Amended 7-19-1988 by Ord. No. 1:10A-88]
A.
Fees, as follows, must be paid when the application
is filed. An applicant shall be charged a nonrefundable fee of $25
for each permit to cover administrative expenses. Every road opening
shall require a separate application and application fee. In addition
thereto, every applicant shall be required to establish with the Township
an escrow account which will be utilized to cover the cost of anticipated
professional services, including engineering, legal and other expenses
connected with the application and anticipated work to be performed
on public property. Any escrow funds not utilized for the above purposes
shall be returned to the applicant upon the acceptable completion
of the work performed.
B.
Escrow account.
(1)
As invoices are received from time to time by the
Township from the professional consultants listed above, the Treasurer
of the municipality will immediately request the applicants, in writing,
to pay such additional sums into the escrow account as may be required
to cause the amount in the escrow account to equal the initial deposit
plus all outstanding invoices directly related to professional fee
invoices. The Treasurer will review the account at least monthly to
ensure that the escrow fund is maintained at the prescribed level.
(2)
Failure of an applicant to adequately maintain an
appropriate balance in the escrow account shall be considered grounds
for immediate revocation of all permits previously issued in connection
with said application.
C.
In lieu of the payment of said escrow fee when an
application is made and in the case of a public utility only, an applicant
may provide a corporate performance guaranty in the sum of $10,000
to guarantee the payment of all inspection fees. In such a case, the
public utility will be invoiced for such fees on a quarterly basis
by the Township, and the public utility will be required to pay said
amount within 30 days after receipt of said invoice. The form of corporate
performance guaranty shall provide for collection of any unpaid invoices
if not paid as stated above.
A.
No permit shall be issued until the applicant has
filed a certified check in an amount determined by the Township Engineer
to be sufficient to assure the restoration of the road following the
opening thereof. The certified check shall be upon the following conditions:
(1)
To guarantee the applicant's restoring the surface
and foundation of the street for which the permit is granted in a
manner acceptable to the Township within the time set forth in the
permit. The certified check shall be for the guarantee of all workmanship
and materials for a one-year period from the date that the Township
approves the work as properly completed.
(2)
To indemnify the Township of Chester for any expense
incurred in enforcing any of the provisions of this section.
B.
If the application is for the installation or repair
of a service connection to an existing utility, certified check shall
be in the amount of $200.
C.
If the opening is for any other purpose, the amount
of the certified check shall equal the amount of the Township Engineer's
estimate of the cost to restore the road.
D.
In lieu of any provision of this article requiring
the filing of a performance guaranty, a public utility of the State
of New Jersey may file with the Township Clerk a bond in the amount
of $25,000 assuring the payment of fees and the proper restoration
of all road openings made by such public utility.
[Amended 6-2-1997]
A.
No permit shall be issued until the applicant has
filed proof of insurance issued by a company licensed to do business
in the State of New Jersey which shall provide for the following:
(1)
To indemnify and hold harmless the Township of Chester
from all loss, damage, claim or expense, including expenses incurred
in the defense of any litigation arising out of injury to any person
or property resulting from or caused by any work done by the applicant
under the permit.
(2)
To indemnify any person who shall sustain personal
injuries or damage to his property as a result of any act or omission
of the applicant, his agents, employees or subcontractors done in
the course of any work under the permit.
B.
The amount of said insurance shall not be less than
the following:
(1)
Contractor's liability insurance. The contractor shall
purchase and maintain such liability and other insurance as is appropriate
for the work being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result from
the contractor's performance and furnishing of the work and the contractor's
other obligations under the contract documents, whether it is to be
performed or furnished by the contractor, any subcontractor or supplier
or by anyone directly or indirectly employed by any of them to perform
or furnish any of the work or by anyone for whose acts any of them
are liable:
(b)
Contractor's liability insurance shall also
include completed operations and product liability coverages and eliminate
the exclusion with respect to property under the care, custody and
control of the contractor. Personal injury shall include claims arising
out of employment. Property damage liability insurance shall provide
explosion, collapse and underground coverages where applicable.
[1]
General aggregate (except products/completed
operations): $2,000,000 per job location.
[2]
Products/completed operations aggregate: $1,000,000.
[3]
Personal and advertising injury (per person/organization):
$1,000,000.
[4]
Each occurrence (bodily injury and property
damage): $1,000,000.
[5]
Limit per person medical expense: $10,000.
(c)
Automobile liability: Combined single limit
(CSL) (bodily injury and property damage), each accident: $1,000,000.
(2)
The following shall be named as additional insureds
under the above policies or covered by a separate protective liability
policy issued by the contractor's general liability carrier with coverage
in the amount of $1,000,000 (CSL) and $2,000,000 (aggregate):
C.
All policies or certificates shall provide for 10
days' written notice to the Township Clerk by registered mail prior
to any modification, cancellation or change in status.
D.
A public utility may be relieved of the obligation
of submitting evidence of insurance if the public utility is self-insured
and furnishes evidence thereto to the Township Clerk.
All permits issued under this section shall
be subject to the following rules and regulations:
A.
All work shall be done in such a manner as to cause
a minimum of interference with travel on the street affected. At least
one nine-foot traffic lane shall be maintained at all times. No street
shall be closed to traffic unless permission has been specifically
granted by the Chief of Police. The Police Department shall be informed
of all such street closings at least 24 hours in advance. Access must
be provided to driveways at all times except when work is actively
in progress at a driveway location. Traffic control shall be provided
when needed as determined by the Police Department and paid for by
the applicant.
B.
All excavations shall be kept properly barricaded
at all times and shall be provided with proper warning lights. Signs,
flares, watchmen and other warning and danger signals and devices
appropriate and adequate for the specific needs shall be installed
at all places of danger to vehicular or pedestrian traffic.
C.
No work shall be done in such a manner as to interfere
with any water main or sewer line or any connection with either of
the same from any building unless that is the purpose of the excavation
or permission has been obtained in advance from the body operating
that line. No work shall be carried on in such a manner as to result
in the destruction or damaging of any private or public property unless
this is necessary for completion of the work and permission has been
obtained in advance from the owner.
D.
All excavations shall be completely backfilled by
the permittee. Such materials shall be compacted by vibrating, tamping,
rolling or other suitable means in a manner prescribed by the Township.
Where the Township determines that the excavated material is unsuitable
for backfill, the permittee shall backfill the excavation with other
suitable material which shall be placed in layers not exceeding six
inches in depth and thoroughly compacted in the manner prescribed
by the Township. Upon completion of the work, the permittee shall
remove any excess material and leave the premises in a clean condition.
If the Township determines that any backfilled excavation has settled
or caved in, he shall so notify the permittee, who shall promptly
continue backfilling until the Township determines that settlement
is complete.
E.
Temporary pavement surfaces shall be constructed as
required by the Township.
F.
If tunneling operations are required, the tunnel shall
be backfilled with rammed concrete which shall be composed of one
part cement to six parts coarse aggregate material approved by the
Township.
G.
If blasting is required to be done in the course of
any excavation, it shall be done in strict compliance with all applicable
state laws and regulations. Any rock or other substance within five
feet of any water main, sewer line or other facility which may be
damaged by blasting shall be removed without blasting unless otherwise
approved.
H.
If any work is not completed within the time specified
in the permit or any extension thereof or is not performed in accordance
with the foregoing regulations and such other regulations as may from
time to time be promulgated by the Township Council by resolution,
then the Township may complete the work in a proper manner and restore
the surface of the street. The cost of so doing shall be charged to
the permittee and may be recovered by an action in any court of competent
jurisdiction.
In all cases where permits are issued where
the permittee is to restore the surface of the street, the following
rules, regulations and requirements shall apply:
A.
No permittee shall commence the restoration of any
street foundation or surface until the Township has deemed that the
area is properly prepared for restoration.
B.
All foundations shall be restored to a width of 12
inches wider than the width of the excavation and to a length of six
inches longer than the length of the excavation.
C.
The street surface shall be restored to a width of
12 inches wider than the width of the restored foundation and to a
length of six inches longer than the length of the restored foundation.
D.
All foundations and surfaces of paved roads shall
be restored as follows:
(1)
A base of Mix No. I-2 bituminous concrete as approved
by the New Jersey Transportation Department shall be spread and compacted
to a thickness of five inches. Compaction shall be by rolling, tamping
or vibrating.
[Amended 6-2-1997]
(2)
The surface course of Mix No. I-5 bituminous concrete
as approved by the New Jersey Transportation Department shall be spread
and compacted to a thickness of two inches. Compaction shall be by
rolling, tamping or vibrating.
[Amended 6-2-1997]
(3)
All work shall be as approved by the Township.
E.
All foundations and surfaces of other than paved roads
shall be restored with the same type of material and to the same depths
as existed prior to the making of the excavation unless otherwise
approved by the Township. All material shall be compacted by rolling,
tamping or vibrating. All work shall be as approved by the Township.
Notwithstanding the provisions of this article,
any person may open up any road to repair any utility or service connection,
provided that it is an emergency and any delay in obtaining the required
permit would result in endangering the health and general welfare
of the citizens of the community; provided, however, that a permit
as required herein is obtained on the next following day that the
office of the Township Clerk is open for business.
As used in this article, the following terms
shall have the meanings indicated:
The person or utility company applying for a permit to open
up a Township road.
Includes any individual, firm, partnership, association,
corporation and utility company.
Includes any individual, firm, partnership, association and
private or municipal corporation or municipal authority engaged in
the sale, distribution or transmission of gas, oil, electricity, water,
sewerage and telephone service.
In any special case the Township Council may
by resolution impose special conditions to which the issuance of the
permit shall be subject, or the Township Council may decide by resolution
that any provision of this article shall not apply or shall be altered.
[Amended 6-2-1997]
Any person violating the provisions of this
article shall be liable, upon conviction, to one or more of the following:
a fine of not less than $100 nor more than $1,000, imprisonment for
not more than 90 days or a period of community service not exceeding
90 days. Each day that any violation continues shall be considered
a new and separate violation of this article.
