Borough of Westwood, NJ Article XXI Construction and Road Maintenance Operations

§ 375-79 Findings; adoption of standards.

A. The Mayor and Council 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 the 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.

B. The Borough of Westwood, County of Bergen, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, 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.

C. 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.

§ 375-80 Preconstruction meeting required. [1]

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 and/or N.J.A.C. 16:25-9.2, wishing to conduct work on, under, or above any street or roadway within the Borough of Westwood to contact the Westwood 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 Westwood Police Department is in violation of this article.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 375-81 Emergency contacts; response to emergencies by Borough; fees.

The person, contractor or utility shall provide the Westwood Police Department with at least two emergency contact telephone numbers which may be called in case an emergency situation should arise at the construction or maintenance site. These numbers shall be furnished prior to the start of any work. If for any reason the emergency contacts cannot be reached, or if the emergency contact person fails to respond to a call from the Westwood Police Department to correct an emergency situation or a hazardous condition, the Westwood Police Department may respond to correct such situation or condition. The reasonable fees incurred by the Borough for such emergency services shall be charged to the person, contractor or utility responsible for such situation or condition.

§ 375-82 Road closings and detours.

Road closings and/or detours shall not be permitted unless first approved by the Westwood Police Department.

§ 375-83 Time limits.

There shall be no construction, maintenance operations or utility work on any street or roadway in the Borough of Westwood before the hour of 8:00 a.m. or after the hour of 6:00 p.m. unless an emergency situation exists or should arise, whereby the Westwood Police Department shall be notified.

§ 375-84 Provision of traffic directors.

When the necessity for traffic directors is determined by the Westwood Police Department or is warranted by the existing conditions, the person, contractor or utility shall provide for and shall post traffic directors at the construction or maintenance sites to provide for the public safety and expeditious movement of traffic.

§ 375-85 Stop-work orders.

The Westwood Police Department shall have the authority to stop work, including the removing 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.

§ 375-86 Violations and penalties.

A. Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof:

(1) For a first offense, pay a fine of not less than $100 nor more than $500 or be imprisoned in the county jail for a term not to exceed 90 days, or both, in the discretion of the Municipal Judge.

(2) For a second offense, upon conviction thereof, pay a fine of not less than $250 or be imprisoned in the county jail for a term not to exceed 90 days, or both, in the discretion of the Municipal Judge.

(3) For a third or subsequent conviction, pay a fine of not less than $500 or be imprisoned in the county jail for a term not to exceed 90 days, or both.

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