[Added 3-20-2008 by Ord. No. 836]
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, 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 Borough of Oceanport in the County of Monmouth,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices, hereafter known as M.U.T.C.D., except as
hereby supplemented and amended, as it controls and regulates whenever
construction, maintenance operations of utility work obstructs the
normal flow of traffic. Any person, contractor or utility who fails
to comply with the provisions of M.U.T.C.D. while performing such
work is in violation of this section.
A.
It shall be the responsibility of the person, contractor
or, in the case of a public utility, as required under the public
utility agreement, wishing to conduct work on, under or above the
roadway, to contact the Police Chief, Captain or the Traffic Safety
Bureau of the Oceanport Police Department in order to arrange a preconstruction
meeting 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 their start of such
work or whose plans are not approved by the Traffic Safety Bureau
of the Oceanport Police Department is in violation of this section.
B.
Prior to the start of construction operations, the
contractor shall assign a supervisory-level employee to be the traffic
control coordinator. The Traffic Safety Bureau of the Oceanport Police
Department shall be notified as to the name of this individual at
the preconstruction meeting, along with a method of contacting the
individual on a twenty-four-hour, seven-day-a-week basis.
The person, contractor or utility shall provide
the Oceanport Police Department with at least two emergency contact
phone 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 reached or if the emergency contact person
does not respond to the call from the Police Department to correct
a hazardous condition, the Borough may respond to correct such hazardous
condition. The reasonable fees for such emergency service by the Borough
shall be charged to the person, contractor or the utility responsible
for such conditions.
There shall be no construction, maintenance
operations or utility work on any roadway in the Borough before the
hour of 8:00 a.m. or after 6:00 p.m. The Chief of Police or the officer
in charge of the shift of the Oceanport Police Department may adjust
this time limit to permit work prior to 8:00 a.m. or after 6:00 p.m.
This limitation shall not apply to work of an emergency nature or
work requiring immediate attention, nor shall it apply to work which
can only be done within the restricted hours of the morning. If such
work is to occur, the Oceanport Police Department shall be notified
immediately. If it is determined by the officer in charge of the Traffic
Safety Bureau that the construction or maintenance operations prior
to 8:00 a.m. or after 6:00 p.m. would substantially delay traffic
or cause a safety or health hazard, the work shall then be permitted
only between 8:00 a.m. or 6:00 p.m. not to exceed three days except
on further application citing specific reasons and on approval of
Traffic Safety Management.
A.
The Oceanport Police Department must approve any road
closing in the Borough of Oceanport and deem if necessary to use police
officers for traffic control. Failure to do so will result in the
job being shut down.
B.
Road closings and/or traffic detours shall not be
permitted unless approved by the Oceanport Police Department.
C.
Should the contractor begin work prior to the work
zone being properly established as described herein, the Borough of
Oceanport shall assume no responsibility for tort liability issues
arising from the contractor's premature start. All liability and consequences
arising from a premature start are solely the contractor's. It should
be noted that at the conclusion of the workday, the detour route will
be discontinued and the area under construction reopened to traffic
until the start of the following workday.
D.
Therefore, the contractor shall ensure that all of
his equipment and materials are removed from the roadway, the road
clear of all debris and that all raised manholes, inlets and other
appurtenances have traffic control devices (i.e., drums) placed over
them.
E.
In the event that a manhole, inlet or other appurtenances
is in the middle of a travel way and the placement of a traffic device
would impede the flow of traffic, the manhole, inlet or other appurtenance
will be ramped with fresh bituminous material (either cold or hot
mix). The use of millings to perform this operation will not be allowed.
A.
Certified traffic directors shall be posted at all
construction or maintenance sites when determined by the Oceanport
Police Department's Traffic Safety Bureau that same is necessary to
provide for the expeditious movement of traffic.
B.
The contractor shall notify the respective Police
Department at least two working days in advance of requiring certified
traffic directors. The contractor shall be responsible for all arrangements
regarding the certified traffic directors.
C.
Contractors wishing to utilize private certified traffic
directors must supply to the Police Department the certifications
and training documents of all directors that will be in the roadway
or controlling vehicular or pedestrian traffic.
The Oceanport Police Department shall have the
authority to stop work, including the removal of equipment and vehicles
and stored material within the street right-of-way, backfilling of
an open excavation 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.
It shall be the contractor's responsibility to maintain
driveway access for all adjacent property owners. In the event that
the driveway access must be temporarily denied, the contractor shall
provide written notice to the Oceanport Police Department and the
property owner at least five working days in advance of the driveway
closing.
C.
The contractor shall present to the Oceanport Police
Department all traffic control devices and materials necessary to
execute proper maintenance and protection of traffic operations for
the project. The number and type of traffic control devices shall
be as deemed necessary by the Oceanport Police Department. The contractor
shall have all traffic control devices and materials present for examination
at least five working days prior to start of work.
D.
All traffic control devices supplied are to be new
or in good condition. Traffic devices damaged under the work contract
as a result of carelessness or mishandling by the contractor (i.e.,
running over cones or barrels with his equipment or splashing tar
on traffic control devices, etc.) shall be replaced by the contractor
within five working days.
E.
The Oceanport Police Department reserves the right
to reject any traffic control device which, in its sole opinion, does
not satisfy the criteria of M.U.T.C.D. specifications, is damaged
or otherwise incapable of providing the function for which it was
intended. In this event, the contractor shall replace the deficient
traffic control device and/or materials within two working days. Upon
completion of a municipal contract project, all traffic control devices
and materials become the property of the Borough of Oceanport.
A.
The following is a list of streets that must have
a certified traffic director while work is being conducted. Failure
to have a certified traffic director will result in the job being
shut down. All other roads are at the discretion of the Chief, Captain
or Traffic Bureau.
(1)
Port-Au-Peck Avenue.
(2)
Oceanport Avenue.
(3)
East Main Street.
(4)
Main Street.
(5)
Eatontown Boulevard.
(6)
Wolf Hill Avenue.
(7)
Asbury Avenue.
(8)
Relwof Avenue.
(9)
Bridgewaters Drive.
(10)
Comanche Drive.
(11)
Monmouth Boulevard.
(12)
Shrewsbury Avenue.
(13)
Branchport Avenue.
(14)
Pemberton Avenue.
(15)
Monmouth Road.
(16)
Myrtle Avenue.
B.
Whenever a certified traffic director is required
or requested for traffic control, the person, contractor or utility
is responsible for the costs of the certified traffic directors and
equipment. When the contractor chooses to use Oceanport police officers
to direct traffic, officers will be assigned by the Police Department
and their rate of pay will be established by the Borough of Oceanport.
A reasonable fee will be added to the hourly rate to cover workers'
compensation, Medicare and the use of Police Department equipment
and vehicles.
C.
When the contractor chooses to use Oceanport police
officers to direct traffic, payment to cover the estimated cost of
traffic control for the project must be delivered to the Borough of
Oceanport prior to the beginning of work.
A.
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.
B.
For a second offense, upon conviction thereof, pay
a fine for not less than $250 and/or be imprisoned in the County Jail
for a term not exceeding 90 days.
C.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
