Township of Wyckoff, NJ Traffic Controls for Street and Highway Construction

[Amended 9-20-2016 by Ord. No. 1814]

The Township Committee hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations and utility work, above or 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 forces performing these operations. Therefore, the Township Committee does hereby adopt the current Manual on Uniform Traffic Control Devices, 2009 MUTCD with revisions 1 and 2, May 2012, hereafter known as "MUTCD," except as hereby amended and supplemented, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility work obstructs the normal flow of traffic. Any person, contractor or utility who fails to comply with the provisions of MUTCD while performing such work is in violation of this section.

Preconstruction meetings are required. 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,[1] wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the Township of Wyckoff Police Department in order to arrange a preconstruction meeting in order to submit plans for the safe movement of traffic during such period of construction 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 Traffic Bureau of the Township of Wyckoff Police Department is in violation of this section.

[1]

Editor's Note: The public utility agreement is on file in the Township offices.

Emergency contact phone numbers. The person, contractor or utility shall provide the Traffic Bureau 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 contacts cannot be reached or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the Township may respond to correct such hazardous condition. The reasonable fees for such emergency services by the Township shall be charged to the person, contractor or utility responsible for the condition.

Time limits. There shall be no construction, maintenance operations 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 Township of Wyckoff Police Department. If it is determined by the officer in charge of the Traffic Bureau 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.

Road closing and detours: Road and/or lane closures and traffic detours shall not be permitted unless approved by the Wyckoff Police Department Traffic Safety Bureau. It shall be the responsibility of the person, contractor or utility to provide a detailed outline of the proposed road and/or lane closure and traffic detour prior to any work beginning. This must be approved by Wyckoff Police Traffic Bureau (or his /her designee).

Traffic control officers: For the purpose of this article, a traffic control officer is that individual who is responsible for traffic control at a roadway work/maintenance site and is a Township of Wyckoff Police Officer.

(1)

Traffic control officers and police emergency vehicles shall be posted at all roadway/maintenance work sites when determined by the Wyckoff Police Traffic Safety Bureau that the same is necessary to provide for the safety and expeditious movement of traffic.

(2)

Civilian flaggers shall not be used unless the Township of Wyckoff Police Department cannot provide traffic control officers with an emergency vehicle or approved by the Wyckoff Police Traffic Safety Bureau. Civilian flaggers shall not be used as traffic control officers in any work/maintenance zone which contains an intersection with a traffic control device, or cause an impact/delay, which creates unsafe travel at any intersection with in the Township of Wyckoff. In those cases a traffic control officer must be used.

(3)

Civilian flaggers must meet qualifications set forth in Section 6E of the MUTCD and be a certified flagger by Rutgers University or comparable organization. Civilian flaggers must be in possession of their certification when working in any work/maintenance zone and be able to present them upon request. These assignments shall be approved by the Chief of Police, Wyckoff Police Traffic Safety Bureau (or his/her designee).

Stop work: The Traffic Safety Bureau and Township of Wyckoff police officers shall have the authority to stop all work, including the removal of equipment and vehicles and stored material within the work/maintenance zone (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 this section.

Violations and penalties.

(1)

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; 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.

(2)

A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.