[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:
(a) 
Workers' compensation:
[1] 
State: statutory.
[2] 
Applicable federal (e.g., Longshoreman's): statutory.
[3] 
Employer's liability: $100,000/$500,000/$100,000.
(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.
[6] 
Excess liability:
[a] 
General aggregate: $20,000,000.
[b] 
Each occurrence: $10,000,000.
OR
[7] 
Umbrella form:
[a] 
General aggregate: $20,000,000.
[b] 
Each occurrence: $10,000,000.
(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):
(a) 
The Township of Chester, its officers and employees.
(b) 
The Township Engineer.
(c) 
The firm for whom the Engineer works, its officers and employees.
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:
APPLICANT
The person or utility company applying for a permit to open up a Township road.
PERSON
Includes any individual, firm, partnership, association, corporation and utility company.
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.