[Adopted 4-13-2010 by Ord. No. 2010-08]
A.
The Township Committee of the Township of Hillsborough hereby finds
and declares that traffic control problems may occur when traffic
must be moved through or around street construction, maintenance operations,
or utility work, above or below ground, which requires blocking the
roadway 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 establish controls and regulations directed to
the safe and expeditious movement of traffic through construction
and maintenance zones and to provide safety for the work force performing
these operations.
B.
The Township of Hillsborough in the County of Somerset, State of
New Jersey, does hereby adopt the current Manual on Uniform Traffic
Control Devices for Streets and Highways, hereafter known as M.U.T.C.D.,
as it controls and regulates whenever construction, maintenance operations
or utility work obstructs the normal flow of traffic.
C.
Any person, contractor, or utility who fails to comply with the provisions
of the M.U.T.C.D. while performing such work is in violation of this
article.
It shall be the responsibility of the person, contractor, or
public utility wishing to conduct work on, under, or above the roadway
to contact the Chief of Police and Traffic Safety Unit of the Township
of Hillsborough Police Department in order to arrange a pre-construction
meeting to submit plans for the safe movement of traffic during such
period of construction activity.
The person, contractor, or utility, prior to the start of any
work, shall provide the Chief of Police and Traffic Safety Unit with
at least two emergency contact phone numbers to be called in case
of emergencies at the construction or maintenance site. If for any
reason emergency contacts cannot be reached, or if the emergency contact
person does not respond to the call from the Police Department to
correct such hazardous conditions within one hour of notification,
the Township may respond to 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
hazardous conditions.
A.
There shall be no construction, maintenance operations, or utility
work on any roadway in the Township before the hour of 9:00 a.m. or
after 4:00 p.m. This time limit may be adjusted to permit work prior
to 9:00 a.m. or after 4:00 p.m. by the Chief of Police and/or the
Director of Public Works. If it is determined by either that the construction
or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would
substantially delay traffic or cause a safety or health hazard, the
work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
B.
If work is being conducted on a County of Somerset or State of New
Jersey Department of Transportation maintained roadway, that respective
authority may authorize work hours outside of the hours set by this
article at its discretion.
Road closing and/or traffic detours shall not be permitted unless
approved by the Chief of Police. Road closure and/or traffic detour
plans shall be submitted to the Chief of Police and Traffic Safety
Unit at least two weeks prior to the anticipated road closure/detour.
Road closures on Township roads which will last more than 48 consecutive
hours require the passing of a resolution by the Township Committee
pursuant to N.J.S.A. 39:4-197.3. Road closures and/or traffic detour
plans shall include the posting of "on or about" signs one week prior
to the anticipated road closure/detour to advise motorists of the
upcoming work. This is not necessary if the Chief of Police or the
Traffic Safety Unit determine the work to be emergent.
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Police Department Traffic Safety Unit
that same is necessary to provide for the safe and expeditious movement
of traffic. The hiring of police officers does not exempt the person,
contractor or utility from any other provision in this article. The
police officers are there to facilitate the smooth, efficient and
safe movement of traffic. The Chief of Police or his designee has
the ultimate authority in determining whether or not police officers
are required to control traffic at the site.
The Police Department shall have the authority to stop work,
including the removal of equipment and vehicles, stored material within
the street right-of-way, backfilling of open excavations and/or other
related work, in order to abate any nuisance and/or safety hazard
or for any violation of this article.
It is to be expressly understood that no materials, vehicles
or equipment are to be placed in a roadway or sidewalk area until
all construction, signs, lights, devices and pavement markings are
installed. All construction signs which do not currently apply must
be bagged or removed from view of the motorists (i.e., "Flagman Ahead"
signs after workmen have finished for the day).
A.
Any person, contractor or utility who commits a violation of this
article shall, upon conviction thereof, be subject to imprisonment
in the County of Somerset Jail or in any other place provided for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.