[Sec. 8-2.9 of the Revised General Ordinances]
The excavation and all piles of excavated materials
or any material used in the work to be performed in the opening for
which a permit is issued shall be carefully guarded and lighted by
the applicant, who shall be liable for damages caused by the prosecution
of the work or failure to properly guard or maintain the same. At
all times, the permittee shall provide for the protection and unobstruction
of fire hydrants in the general area of excavation.
As used in this article, the following terms
shall have the meanings indicated:
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.
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 section 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 where work is of an emergency
nature. Notice shall be given to the Police Department 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.
A.
The Chief of Police or his designee may, in his discretion,
require the contractor to supply flagmen on the job site.
B.
The purpose of a flagman shall be to direct traffic
around construction areas but shall not include the changing of direction
of any vehicle or pedestrian. If it necessary to require the changing
of direction of any vehicle or pedestrian, a uniformed traffic or
police officer shall be used, at the direction of the Chief of Police.
C.
Flagmen, when used in construction work areas, shall
be equipped with the following:
(1)
Orange cap and vest which shall be reflectorized,
except during warm weather when orange tee shirts may be substituted,
provided that they are reflectorized.
(2)
Red flag, measuring at least 24 inches by 24 inches.
For night and darkness conditions, lights shall be used in place of
said flag.
(3)
Sign paddles consisting of STOP/SLOW messages, as
per the Manual on Uniform Traffic Control Devices for Streets and
Highways, current edition. When used at night or in darkness, the
STOP/SLOW faces shall be reflectorized.
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.
A.
All signing and other traffic control devices shall
be placed on self-supporting structures, and shall not be affixed
to trees, utility poles or traffic devices which are the property
of the Borough. All signing and other traffic control devices shall
conform to the Manual on Uniform Traffic Control Devices for Streets
and Highways, current edition. All signing and other traffic control
devices shall be kept clean and distinct and free from grease, dust
or other blurring matter, so as to be plainly visible at all times
of day and night. No signing or other traffic control device shall
be permitted to be obscured by trees or parked vehicles.
B.
When an application for a construction or road opening
permit has been made, the types of proposed traffic control devices
to be utilized for the project in question shall be shown by a diagram
and/or written list, which shall be returned with the application
for signature and agreement by the contractor or permittee. A copy
of said diagram and/or list shall be made a part of the permit and
shall be kept at the job site at all times for possible review. The
proper implementation of traffic control devices as deemed necessary
by the Chief of Police or his designee shall be deemed an integral
part of any permit issued by a Wharton Borough official.
C.
Where it is not necessary for a contractor to make
application for a permit due to the nature of construction involved,
the contractor shall be required to install all necessary traffic
control devices as per the Manual on Uniform Traffic Control Devices
for Streets and Highways, current edition. This shall include work
which is performed on lands not included in the definition of street
if such work interferes with the travel of vehicles or pedestrians
on a street.
No construction work for which traffic control
devices are required to be used shall commence until the contractor
has filed a bond or cash in an amount determined to be sufficient
by the Borough Council. The Borough Council 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 save harmless the Borough from all
loss.
B.
To indemnify the Borough for any expense incurred
in enforcing any of the provisions of this section.
C.
To indemnify any person who shall sustain personal
injuries or damage to his property as a result of any act or omission
of the contractor, his agent, employee or subcontractors done in the
course of any work.
