[HISTORY: Adopted by the Township Committee of the Township
of Franklin 5-14-2013 by Ord. No. O-9-2013; amended in its entirety 10-10-2023 by Ord. No.
O-18-23. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish controls and regulations
directed toward the safe and expeditious movement of traffic through
construction and maintenance zones throughout the Township of Franklin
and to provide for the safety and compensation of the work force performing
these operations.
A.
The Township of Franklin Committee hereby finds and declares that
problems of traffic control occur when traffic must be moved through
or around street construction, maintenance operations and utility
work, above and below ground, which requires blocking streets and
obstructing the normal flow of traffic, and that such obstructions
are or can become dangerous when not properly controlled. In order
to better promote the public health, safety, peace and welfare, it
is necessary to enact such guiding principles whereas the aforementioned
potential problems may be prevented and avoided.
B.
The Township Committee of the Township of Franklin in the County
of Gloucester and State of New Jersey does hereby adopt the current
Manual on Uniform Traffic Control Devices, Millenium Edition, as published
by the American Traffic Safety Services Association, (ATSSA) hereafter
known as "MUTCD," except as hereby supplemented and amended, as it
controls and regulates whenever construction, maintenance operations
or utility work obstructs the normal flow of traffic. A person, contractor
or utility that fails to comply with the provisions of MUTCD while
performing such work is in violation of this chapter.
It shall be the responsibility of the person, contractor, or
utility wishing to conduct work on, under or above the roadway to
contact the Chief of Police or his designee of the Township of Franklin
Police Department in order to arrange a preconstruction meeting to
submit plans for the safe movement of traffic during the period of
construction of work. The Chief of Police or his designee has the
authority to dictate the number of certified police officers required
to ensure the safe movement of traffic in the construction zone. Any
person, contractor or utility who fails to comply with this chapter,
prior to the start of such work and whose plans are not approved by
the Chief of Police or his designee of the Township of Franklin Police
Department is in violation of this chapter.
The person, contractor or utility shall provide the Township
of Franklin Police Department with at least two emergency contact
phone numbers to be called in the case of any emergency at the construction
or maintenance site prior to the start of any work. If for any reason
the emergency contact person cannot be reached or if the emergency
person does not respond to the call from the Township of Franklin
Police Department to correct the hazardous situation, the Township
may respond and correct such hazardous conditions. The reasonable
fees for such emergency service by the Township shall be charged to
the person, contractor or utility responsible for such conditions.
Generally, there shall be no construction, Township maintenance
operations or utility work on any roadway in the Township before the
hour of 7:00 a.m. or after 5:00 p.m. This time limit may be adjusted
to permit work prior to 7:00 a.m. or after 5:00 p.m. by the Chief
or his designee of the Township of Franklin Police Department, if
reasonable conditions apply and after thoroughly reviewing such request.
If the contractor or organization requesting an officer needs to cancel
the scheduled detail for any reason, it must be done within two hours
from the scheduled start time. If the contractor or organization fails
to make appropriate contact with the Chief or his designee the Township
reserves the right to bill the contractor or organization for three
hours of the officer's hourly designated pay.
Road closings and/or traffic detours shall not be permitted
unless approved by the Chief of Police or his designee of the Township
of Franklin Police Department.
Traffic directors, i.e. those police officers, certified by
Rutgers University, as knowledgeable of the Manual on Uniform Traffic
Control Devices, shall be posted at all construction or maintenance
sites when determined by the by the Chief of Police or his designee,
that same is necessary to provide for the safe and expeditious movement
of traffic.
The Chief of Police or his designee shall have the authority
to stop work, including effecting the removal of equipment and vehicles,
stored material within the street right-of-way, back filling of open
excavations and/or other related work, in order to abate any nuisance
and/or safety hazard or for any violation of this chapter. The Township
may respond and correct any such hazardous and or nuisance conditions.
The reasonable fees for such emergency service by the Township shall
be charged to the person, contractor or utility responsible for such
conditions.
No materials, vehicles or equipment are to be placed in the
roadway or sidewalk area until all construction, signs, lights, devices
and pavement markings are installed.
A.
Payment for all certified police officers working all construction
highway details for directing the appropriate movement of traffic
flow may be coordinated by the Chief of Police or designee. The payment
shall be $85 per hour or the then prevailing rate paid for police
traffic services by the County of Gloucester or the State of New Jersey
with an additional appropriate percentage fees for fringe benefits
to include but not limited to social security, unemployment insurance,
workman's comp and a 5% administrative fee added to the subtotal
for all of the expenses that are required. The aforementioned fees
shall be waived for nonprofit organizations (Delsea Regional, Township
of Franklin, Our Lady of Mercy Academy Schools and such other non-profit
institutions that have permanent locations in the Township of Franklin).
B.
In the event the Chief of Police or designee determines that the
use of a police motor vehicle is necessary, a fee of $30 per hour
or any part thereof for the use of said vehicle will be charged and
made payable to the Township Chief Financial Officer.
C.
All payments for road detail assignments shall be paid in advance
(may be waived for the abovementioned non profit organizations) through
an off-duty police escrow account to be known as the "Police Overtime
Account" and all funds collected for services rendered shall be paid
by and through such account. Reference is made to Township of Franklin
Ordinance for Third Party Overtime.
The person, contractor or utility company shall provide the
Township of Franklin Police Department a certificate of insurance
naming the Township of Franklin as an "additional insured" on a general
liability insurance policy having policy limits not less than $1,000,000
per occurrence.
Any person, contractor or utility company shall complete an
application for a traffic director, which said application shall contain
an agreement to indemnify and hold harmless the Township of Franklin
for any claims or actions brought as a result of the use of Township
of Franklin police officers by said party, including all attorney
fees.
A.
Payment for certified police officers working all details other than
traffic shall be coordinated by the Chief of Police or his designee.
The payment shall be $70 per hour or the then prevailing rate paid
for police services by the County of Gloucester or the State of New
Jersey with an additional appropriate percentage fees for fringe benefits
to include but are not limited to social security, unemployment insurance,
workman's comp and a 5% administrative fee added to the subtotal
for all of the expenses that are required. The aforementioned fees
shall be waived for nonprofit organizations (Delsea Regional High
School, Township of Franklin, Our Lady of Mercy Academy schools and
other non-profit institutions that have permanent locations in the
Township of Franklin). If in the event the Chief of Police or designee
determines that the use of a police motor vehicle is necessary, a
fee of $30 per hour or any part thereof, for the use of said vehicle
will be charged and made payable to the Township Chief Financial Officer.
B.
All payments for assignments shall be paid in advance (may be waived
for the aforementioned non profit organizations) through an off-duty
police escrow account to be known as the "Police Overtime Account"
and all funds collected for services rendered shall be by and through
such account. Reference is made to Township of Franklin Code concerning
the "Safe Traffic Control for Construction, Repair and Maintenance
of Streets and Highways and Third Party Police Department Overtime."
The person, organization or company shall provide the Township
of Franklin Police Department a certificate of insurance naming the
Township of Franklin as an "additional insured" on a general liability
insurance policy having policy limits not less than $1,000,000 per
occurrence.
Any person, contractor or utility company shall complete an
application which shall contain an agreement to indemnify and hold
harmless the Township of Franklin for any claims or actions brought
as a result of the use of the police officers by said party, including
all attorney fees.
A.
Any person, contractor, or utility who commits a violation of this
chapter shall, upon conviction thereof, for the first offense, pays
a fine of not less than $1,000 nor more than $2,500 and/or may be
imprisoned in the county jail for a term not exceeding 90 days, or
both; for a second offense, upon conviction thereof, pay a fine of
not less than $1,500 nor more than $3,500 and/or may be imprisoned
in the county jail for a term not exceeding 90 days, or both. Any
third or subsequent offense, upon conviction thereof, pay a fine of
not less than $5,000 and/or may be imprisoned in the county jail for
a term not exceeding 90 days or both.
B.
A separate offense shall be deemed committed on each day or on which
each violation occurs or continues to occur.
