As used in this article, the following terms
shall have the meanings indicated:
CONTRACTOR
Construction companies, excavators, land developers and any
and all persons connected with construction affecting traffic conditions,
including the owner and/or resident of affected property.
STREET
Any road, highway, way, alley, easement or right-of-way over
which the public travels or to which the public has access, whether
publicly or privately maintained and/or owned, including dedicated
but unaccepted subdivision streets.
All excavations shall be kept properly barricaded
at all times, and during the hours of darkness shall be provided with
reflective material or warning lights. This regulation shall not excuse
the contractor from taking any other precaution(s) necessary for the
protection of persons or property.
All work shall be done in such a manner as to
cause a minimum of interference with travel on the street affected.
No street shall be closed to traffic unless such closing is approved
by the Chief of Police or his designee. The Chief of Police or his
designee shall specify the time and date of the closure and reopening
of the roadway, with no deviation permitted. The Police Department
and Department of Public Works shall be informed of all street closings
at least 24 hours in advance, except that where work is of an emergency
nature notice shall be given to the police and the Department of Public
Works when work commences.
No person shall position, store or park any
construction equipment on any street after working hours, except with
approval by the Chief of Police or his designee.
Lighting in construction areas shall be required
from 1/2 hour after sunset to 1/2 hour before sunrise and at any other
time when there is not sufficient light to see persons and vehicles
for a distance of at least 500 feet.
No construction work for which traffic control
devices are required to be used shall commence until the contractor
has filed a bond in an amount determined to be sufficient by the Township
Committee. The Township Committee may waive the requirements of this
section in the case of public utilities upon the presentation of satisfactory
proof that such utility is capable of meeting any claims against it,
up to the amount of the bond which would otherwise be required. The
bond shall be executed by the contractor as principal and a surety
company licensed to do business in the State of New Jersey as surety
and shall be conditioned as follows:
A. To indemnify and hold harmless the Township from all
loss, damage, claim or expense, including expenses incurred in the
defense of any litigation arising out of injury to any person or property
resulting from any work being done by the contractor.
B. To indemnify the Township for any expense incurred
in enforcing any of the provisions of this article.
C. To indemnify any person who shall sustain personal
injuries or damage to his property as a result of any act of omission
of the contractor, his agent, employees or subcontractors done in
the course of any work.
Failure to comply with the requirements of this article may subject a project to immediate closure by the Police Department and may subject the contractor to the penalties and procedures set forth in Chapter
1, General Provisions, §
1-3, General penalty.