Township of Morris, NJ Article XXII Traffic Controls During Construction and Maintenance Operations

[Added 3-23-2011 by Ord. No. 10-11]

§ 88-22.1 Purpose, findings and declarations.

A. The Township of Morris recognizes that a high number of vehicles, speeders and aggressive drivers may travel our roads at any given time. 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 vehicle and pedestrian traffic through and around construction and maintenance zones and to provide safety for the work forces performing these operations.

B. The governing body of the Township of Morris finds and declares that problems of traffic control increase when traffic must be moved through or around street construction, maintenance operations and utility work, above or below the ground, which requires blocking the street and obstructing the normal flow of vehicle or pedestrian traffic, and that such obstructions are or can become dangerous when not properly controlled.

§ 88-22.2 Scope.

The provisions of this article shall apply to any person, contractor, utility or company that obstructs, blocks or detours the normal flow of vehicle or pedestrian traffic within the Township of Morris.

§ 88-22.3 Traffic control standards.

The Township of Morris in the County of Morris, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices for Streets and Highways, hereafter known as the "MUTCD," except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of vehicle or pedestrian traffic. Any person, contractor or utility that fails to comply with the provisions of the MUTCD while performing such work is in violation of this article.

A. The Township of Morris does hereby recognize that it is important to require traffic control personnel to have an understanding of work zone safety in compliance with the MUTCD standards. Any person, contractor or utility that fails to comply with the provisions of the MUTCD while performing such work is in violation of this article. The Morris Township Police Department shall have the authority to order the removal from any roadway or pedestrian walkway of any contractor or utility that fails to comply with the MUTCD standards.

§ 88-22.4 Preconstruction requirements.

It shall be the responsibility of any person, firm or corporation, including any public utility as required under the public utility agreement, N.J.A.C. 16:25-9.2, wishing to conduct work on, under or above the roadway or any work adjacent to the roadway that will obstruct, interfere with and/or detour vehicle or pedestrian traffic on the roadway to contact the Traffic Safety Unit of the Police Department, prior to the start of any such work, in order to arrange a preconstruction meeting for the submission of plans for the safe movement of traffic during such periods of construction or work.

A. The preconstruction meeting must occur three or more working days prior to the planned construction or work. "Working days" shall be any day the Township Clerk's office is open. These preconstruction meetings shall be arranged with the Traffic Safety Unit of the Police Department of the Township of Morris.

B. Such plans shall require approval by the Traffic Safety Unit of the Police Department. This requirement shall be in addition to any other permit or other approval required by any other federal, state or municipal law, ordinance or regulation.

C. The occurrence of a preconstruction meeting as described above shall not relieve the person, firm or corporation, including a public utility, planning construction or work upon or near a roadway within the Township of its duty to fully comply with any other requirements, terms or preconditions established by the Township in reference to proposed construction or work upon or adjacent to roadways within the Township.

D. Any person or entity failing to submit and secure approval for its traffic control plans prior to the start of such work shall be deemed to be in violation of this article.

E. Public utilities conducting routine maintenance which does not obstruct or interfere with traffic on the roadway shall be exempt from these requirements. Any person, firm or corporation, including any public utility, conducting emergency repair work on, under, above or adjacent to the roadway shall be exempt from the requirements of this article, provided that § 88-22.7, Emergency work, is complied with.

§ 88-22.5 Emergency contact information.

The person, contractor or utility shall provide at least two emergency contact telephone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If, for any reason, emergency contact cannot be made, or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the Township of Morris may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the Township of Morris shall be charged to the person, contractor or utility responsible for the condition.

§ 88-22.6 Restrictions on construction, maintenance operations and utility work.

The Police Department of the Township of Morris has identified a list of roads that are determined to be heavily traveled, based on existing patterns of traffic flow, for the purposes of this chapter. Such list may be updated from time to time by the Traffic Safety Unit of the Police Department as conditions warrant and shall be available for inspection and copying during normal business hours. The heavily traveled roads shall include but not be limited to state highways, county roads and all roadways designated as through streets pursuant to § 88-10.1 and Schedule XIX.

A. There shall be no construction, maintenance operations or utility work on any roadway listed on the current heavily traveled roadway list in the Township before the hour of 9:00 a.m. or after 4:00 p.m. The Chief of Police, or his designee, may adjust this time limit to permit work prior to 9:00 a.m. or after 4:00 p.m. If the Chief of Police, or his designee, determines 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. On all other streets, hours of operation shall be from 7:00 a.m. to 7:00 p.m.

B. Road closures must be authorized by the Mayor or Acting Mayor as per § 88-18.1. Road closing and/or traffic detours shall not be permitted unless preapproved by the Township Police Department.

C. Traffic control personnel shall be posted at all construction or maintenance sites when determined by the Township Police Department that same is necessary to provide for the safe and expeditious movement of traffic. Contractors providing traffic control must comply with OSHA and MUTCD standards (MUTCD Chapter 6E).

D. Any person controlling, detouring or otherwise interfering with the normal traffic patterns on any roadway within the Township of Morris shall comply with the current regulations for traffic control as established under the MUTCD Manual, Department of Transportation and/or the Township of Morris Police. This shall include, but not be limited to, the use of traffic warning signs, cones, vehicles with adequate emergency lighting and the use of HI visibility garments when performing any type of traffic diversion.

E. The Township of Morris Police Department shall have the authority to halt construction and require or effectuate the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or related work, in accordance with the Township Engineer's requirements, in order to abate any nuisance and/or safety hazard or for any violation of this article.

§ 88-22.7 Emergency work.

Emergency repair work is defined as situations that, if not corrected immediately, may endanger public life, health and safety. Recognized emergencies consist of water main breaks, gas leaks, down power lines, road collapses, etc. The Chief of Police or designee shall determine if traffic diversion is necessary due to an emergent condition.

A. In the case of emergency repair work where emergency construction, maintenance operations or utility work must be performed that will obstruct, interfere with or detour traffic on any roadway in the Township, the person, contractor or utility performing such operations shall immediately notify the Township of Morris Police Department of such emergency operation and shall disclose the nature of the emergency, location, anticipated hours of operation and if necessary provide an emergency traffic diversion plan for approval.

B. All emergency repair operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. There shall be compliance with the current regulations for traffic control as established under the MUTCD Manual, Department of Transportation and/or the Township of Morris Police. This shall include but not be limited to the use of traffic warning signs, cones, vehicles with adequate emergency lighting and the use of HI visibility garments when performing any type of traffic diversion.

§ 88-22.8 Traffic diversion preparation.

It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk until all construction signs, light devices and pavement markings are installed and approved. Once normal traffic patterns are altered, the approved traffic control plan shall be employed.

§ 88-22.9 Notification of traffic delays or detours.

The Township of Morris Police Department shall have sole responsibility to notify immediately all affected agencies, including but not limited to police, fire, EMS, and the school transportation office, of any work or construction upon or near a roadway within the Township that would delay or interfere with the providing of services. Such notification shall be made in a manner pursuant to, and in compliance with, the Township Police Department's policy and procedures.

§ 88-22.10 Violations and penalties.

Unless another penalty is provided by New Jersey statute, every person convicted of a violation of a provision of this article or any supplement thereto shall be subject to a fine of not less than $250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.