The Township Council 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 or below the ground, which requires blocking the street
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 secure
the safe and expeditious movement of traffic through and around construction
and maintenance zones and to provide safety for the work forces performing
these operations. The Township Council does hereby adopt the current
Manual on Uniform 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 traffic. Any person,
contractor or utility who 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 utility (in the case of a public utility as required
under the public utility agreement, section 16:25-9.2) wishing to
conduct work on, under or above the street to contact the Police Department
of the municipality in order to arrange a preconstruction meeting
in order to submit plans for the safe movement of traffic during such
period of construction or work. Any person, contractor or utility
who fails to comply with this section prior to the start of such work
or whose plans are not approved by the Police Department of the municipality
is in violation of this article.
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 such hazardous condition,
the municipality may respond to correct the hazardous condition(s).
The reasonable fees for such emergency services by the municipality
shall be charged to the person, contractor or utility responsible
for the condition.
There shall be no construction, maintenance
operations or utility work on any roadway in the municipality before
the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted
by the officer in charge of the municipal Police Department to permit
work prior to 9:00 a.m. or after 4:00 p.m. If it is determined by
the officer in charge 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. to 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by both the Director of Municipal Services
and the Traffic Bureau of the Washington Township Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the municipal Police Department
that they are necessary to provide for the safe and expeditious movement
of traffic.
The municipal 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 the roadway or sidewalk
area until all construction signs, lights, devices and pavement markings
are installed.
Any person, contractor or utility who commits
a violation of this article shall, upon conviction thereof for a first
offense, pay a fine of not less than $100 nor more than $500 and/or
be imprisoned in the county jail for a term not exceeding 90 days;
for a second offense, upon conviction thereof, pay a fine of not less
than $250 and/or be imprisoned in the county jail for a term not exceeding
90 days; and for a third or subsequent conviction, pay a fine of not
less than $500 and/or be imprisoned in the county jail for a term
not exceeding 90 days. A separate offense shall be deemed committed
on each day during or on which violation occurs or continues.
