[Added 5-7-2002 by Ord.
No. MC 3193; amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562; 3-13-2018 by Ord. No. MC 3635; 3-28-2022 by Ord. No.
MC 3789]
A.
The Council 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 the roadway and obstructing the normal flow of traffic;
also 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 safety 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 Irvington in the County of Essex in the State of
New Jersey does hereby adopt the current Manual on Uniform Traffic
Control Devices, hereafter known as the "MUTCD," except as hereby
supplemented and amended, as it controls and regulates whenever construction
maintenance operation utility work obstructs the normal flow of 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.
It shall be the responsibility of the person, contractor, or
in the case of public utility, as required under the public utility
agreement, wishing to conduct work on, under or above the roadway
to contact the Traffic Division of the Irvington Public Safety Department
in order to arrange a preconstruction meeting at least three business
days in advance of any construction in order to submit plans for the
safe movement of traffic and pedestrians during such period of construction
work. Any person, contractor or utility who fails to comply with this
section three business days prior to the start of such work or whose
plans are not approved by the Traffic Division of the Irvington Public
Safety Department is in violation of this article.
The person, contractor or utility shall provide the Public Safety
Department with at least two emergency contact phone numbers to be
called in case of emergency problems at the construction or maintenance
site. The contact numbers are to be supplied prior to the start of
any work. If for any reason the emergency contact person does not
respond to the call from the Public Safety Department to collect such
hazardous conditions, a reasonable fee for such emergency services
by the Township shall be charged to the person, contractor or utility
for such conditions, and the site will be shut down until such conditions
are alleviated.
Road closings and/or detours shall not be permitted unless approved
by the Irvington Public Safety Department.
Traffic directors (police officers) shall be posted at all construction
or maintenance sites when determined by the Irvington Public Safety
Department that they are necessary to provide for the safety and expeditious
movement of traffic. Traffic directors shall be visible at all times
when posted at construction or maintenance sites except where otherwise
required by the nature of the construction or maintenance site.
The Irvington Public Safety Department shall have the authority
to stop work, including the removal of equipment and vehicles, stored
materials 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.
A.
It is to be expressly understood that 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.
B.
At the conclusion of each day's work, the work area shall be left
in a safe and orderly fashion. In the event that the work area is
not left in a safe and orderly fashion, the Township shall contact
the person, contractor or utility to remedy the condition. In the
event that the person, contractor or utility fails to promptly respond,
the Township reserves the right to remedy the condition at the cost
and expense of the person, contractor or utility.
A.
In case of emergency repair work where construction maintenance operations
or emergency utility work must be performed that will obstruct, interfere
or detour traffic on any roadway in the Township, the person, contractor
or utility performing such operation shall notify the Irvington Public
Safety Department of such emergency operations. The person, contractor
or utility shall disclose the nature of the emergency and the location
and hours of operation.
B.
All emergency construction and maintenance operations shall be performed
with full regard to safety and to keep traffic interference to an
absolute minimum. During such emergency repair work, the person, contractor
or utility shall comply with the provisions of the MUTCD while performing
such emergency repair work.
A.
Unless otherwise directed by the Township Engineer or Construction
Official, the following specifications shall govern the maintenance
and repair of street openings by the permittee.
(1)
The permittee shall notify the Township Engineer, Public Works
Director and Construction Official at least 24 hours prior to final
repair of the trench of road opening.
(2)
Eight inches of bituminous stabilized base course shall be placed
and compacted so as to provide a smooth surface. A thin tack coat
shall be applied to the sides of the existing pavement.
(3)
It shall be the responsibility of the permittee to maintain
such pavement openings to the existing grade by the addition of bituminous
concrete as required by this chapter. Should the permittee fail to
maintain such pavement openings as required by this chapter, in the
opinion of the Township Engineer, the Township Engineer shall notify
the Construction Official of such failure and the Construction Official
shall, upon 24 hours' notice, whether written or oral, to the permittee
order such conformity with this chapter or such repair or any such
work deemed necessary and proper by the Township Engineer and/or Construction
Official, whereupon the Department of Public Works of the Township
shall commence such work and the cost thereof shall be deducted from
deposits received, if any, related to the road opening, excavation
or other work. If sufficient funds are not available, the permittee
shall be notified in writing and shall have 30 calendar days to remit
payment or be subject to the penalties outlined in this chapter.
(4)
When, in the opinion of the Township Engineer or Construction
Official, settlement in the pavement opening has ceased, the bituminous
concrete surface course and base course shall be removed to the required
depth and the edges of the existing pavement shall be neatly cut back
to a minimum of six inches with a pavement saw or pneumatic cutting
tool, and permanent pavement shall be installed in the following manner.
(5)
There shall be no varying width in the final repair. The edges
of the existing pavement shall be painted with asphaltic oil, and
hot mixed bituminous concrete pavement shall be installed consisting
of six inches of a New Jersey Department of Transportation approved
bituminous stabilized base course mix, and two inches of a New Jersey
Department of Transportation approved bituminous concrete surface
course mix.
(6)
For openings in reinforced concrete pavement when the settlement
in the temporary pavement has ceased, the temporarily pavement shall
be removed to the required depth and permanent pavement shall be installed.
The edges of the existing pavement shall be neatly cut back to a minimum
of six inches with a pavement saw or pneumatic cutting tool to expose
the existing reinforcement steel. There shall be no varying width
in the final repair. New steel of the same size as the existing steel
shall be wired to the existing steel with a six-inch overlap. New
concrete, 2,500 psi, eight inches thick shall be installed to complete
the permanent repair.
(7)
Each permittee shall cover an open excavation with steel plates
ramped to the elevation of the contiguous street, pavement or other
portion of the public right-of-way or otherwise protected in accordance
with guidelines prescribed by the Township Engineer and/or the Director
of the Department of Public Works.
(8)
Each permittee shall keep the area surrounding the work site
clean and free of loose dirt or other debris in a manner deemed satisfactory
to the Township Engineer and/or the Director of the Department of
Public Works. Work sites shall be cleaned at the completion of each
work day. In addition, the permittee shall remove all excess excavated
material from the work site no later than the end of each workday
or by 6:00 p.m.
(9)
Each permittee shall be subject to hazardous material guidelines
for data collection, disposal, handling, release and treatment of
hazardous material; site remediation and worker safety and training.
The permittee shall be required to comply with all federal, state
and local laws regarding hazardous material. For purposes of this
subsection, "hazardous materials" shall mean any gas, material, substance
or waste, which, because of its quantity, concentration or physical
or chemical characteristics, is deemed by any federal, state or local
government authority to pose a present or potential hazard to human
health or safety or to the environment.
(10)
Street restoration requirements for all road openings, excavation
or other work within the Township shall be done in compliance with
the most recent standards promulgated by the New Jersey Department
of Transportation and/or Township Engineer, whichever is stricter.
(11)
Any street in the Township which has been resurfaced within
the last 10 years for which a permit for road opening, excavation
or other work is issued shall include the requirement that the party
performing the work must resurface the road from curb to curb and
from street corner to street corner. Furthermore, all driveways and/or
sidewalks at any intersection impacted by work done under a road opening
permit shall be restored as per Township Engineer's standards. All
regular sidewalks, when being restored or replaced as part of a road
opening, excavation or other work must also be restored as per the
Township Engineer's standards. The acceptance of all work done under
the aforesaid specifications shall be under the supervision of the
Township Engineer.
(12)
Whenever or wherever any street is excavated the curbs and sidewalks
abutting such street shall be considered an integral part of such
street and shall be reconstructed and improved so as to conform to
such street in accordance with the current specification(s) of the
New Jersey Department of Transportation.
(13)
Any crosswalks on the impacted street must be re-striped and
brick-inlayed crosswalks must be restored, if applicable.
There shall be no construction, maintenance operation 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 officer in charge of the Traffic
Bureau of the Irvington Public Safety Department or the Director of
Public Safety or his designee. If it is determined that the construction
or maintenance operations if started 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.
