The provisions of this article shall apply to any person, contractor,
utility or company that obstructs, blocks or detours the normal flow
of vehicle or pedestrian traffic within the Township of Morris.
The Township of Morris in the County of Morris, State of New
Jersey, does hereby adopt the current Manual on Uniform Traffic Control
Devices for Streets and Highways, 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 vehicle or pedestrian traffic. Any person, contractor
or utility that fails to comply with the provisions of the MUTCD while
performing such work is in violation of this article.
A. The Township of Morris does hereby recognize that it is important
to require traffic control personnel to have an understanding of work
zone safety in compliance with the MUTCD standards. Any person, contractor
or utility that fails to comply with the provisions of the MUTCD while
performing such work is in violation of this article. The Morris Township
Police Department shall have the authority to order the removal from
any roadway or pedestrian walkway of any contractor or utility that
fails to comply with the MUTCD standards.
It shall be the responsibility of any person, firm or corporation,
including any public utility as required under the public utility
agreement, N.J.A.C. 16:25-9.2, wishing to conduct work on, under or
above the roadway or any work adjacent to the roadway that will obstruct,
interfere with and/or detour vehicle or pedestrian traffic on the
roadway to contact the Traffic Safety Unit of the Police Department,
prior to the start of any such work, in order to arrange a preconstruction
meeting for the submission of plans for the safe movement of traffic
during such periods of construction or work.
A. The preconstruction meeting must occur three or more working days
prior to the planned construction or work. "Working days" shall be
any day the Township Clerk's office is open. These preconstruction
meetings shall be arranged with the Traffic Safety Unit of the Police
Department of the Township of Morris.
B. Such plans shall require approval by the Traffic Safety Unit of the
Police Department. This requirement shall be in addition to any other
permit or other approval required by any other federal, state or municipal
law, ordinance or regulation.
C. The occurrence of a preconstruction meeting as described above shall
not relieve the person, firm or corporation, including a public utility,
planning construction or work upon or near a roadway within the Township
of its duty to fully comply with any other requirements, terms or
preconditions established by the Township in reference to proposed
construction or work upon or adjacent to roadways within the Township.
D. Any person or entity failing to submit and secure approval for its
traffic control plans prior to the start of such work shall be deemed
to be in violation of this article.
E. Public utilities conducting routine maintenance which does not obstruct or interfere with traffic on the roadway shall be exempt from these requirements. Any person, firm or corporation, including any public utility, conducting emergency repair work on, under, above or adjacent to the roadway shall be exempt from the requirements of this article, provided that §
88-22.7, Emergency work, is complied with.
The person, contractor or utility shall provide at least two
emergency contact telephone 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 made,
or if the emergency contact person does not respond to a call from
the Police Department to correct a hazardous condition, the Township
of Morris may respond to correct the hazardous condition(s). The reasonable
fees for such emergency services by the Township of Morris shall be
charged to the person, contractor or utility responsible for the condition.
The Police Department of the Township of Morris has identified a list of roads that are determined to be heavily traveled, based on existing patterns of traffic flow, for the purposes of this chapter. Such list may be updated from time to time by the Traffic Safety Unit of the Police Department as conditions warrant and shall be available for inspection and copying during normal business hours. The heavily traveled roads shall include but not be limited to state highways, county roads and all roadways designated as through streets pursuant to §
88-10.1 and Schedule XIX.
A. There shall be no construction, maintenance operations or utility
work on any roadway listed on the current heavily traveled roadway
list in the Township before the hour of 9:00 a.m. or after 4:00 p.m.
The Chief of Police, or his designee, may adjust this time limit to
permit work prior to 9:00 a.m. or after 4:00 p.m. If the Chief of
Police, or his designee, determines 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. On all other streets,
hours of operation shall be from 7:00 a.m. to 7:00 p.m.
B. Road closures must be authorized by the Mayor or Acting Mayor as per §
88-18.1. Road closing and/or traffic detours shall not be permitted unless preapproved by the Township Police Department.
C. Traffic control personnel shall be posted at all construction or
maintenance sites when determined by the Township Police Department
that same is necessary to provide for the safe and expeditious movement
of traffic. Contractors providing traffic control must comply with
OSHA and MUTCD standards (MUTCD Chapter 6E).
D. Any person controlling, detouring or otherwise interfering with the
normal traffic patterns on any roadway within the Township of Morris
shall comply with the current regulations for traffic control as established
under the MUTCD Manual, Department of Transportation and/or the Township
of Morris Police. This shall include, but not be limited to, the use
of traffic warning signs, cones, vehicles with adequate emergency
lighting and the use of HI visibility garments when performing any
type of traffic diversion.
E. The Township of Morris Police Department shall have the authority
to halt construction and require or effectuate the removal of equipment
and vehicles, stored material within the street right-of-way, backfilling
of open excavations and/or related work, in accordance with the Township
Engineer's requirements, in order to abate any nuisance and/or safety
hazard or for any violation of this article.
Emergency repair work is defined as situations that, if not
corrected immediately, may endanger public life, health and safety.
Recognized emergencies consist of water main breaks, gas leaks, down
power lines, road collapses, etc. The Chief of Police or designee
shall determine if traffic diversion is necessary due to an emergent
condition.
A. In the case of emergency repair work where emergency construction,
maintenance operations or utility work must be performed that will
obstruct, interfere with or detour traffic on any roadway in the Township,
the person, contractor or utility performing such operations shall
immediately notify the Township of Morris Police Department of such
emergency operation and shall disclose the nature of the emergency,
location, anticipated hours of operation and if necessary provide
an emergency traffic diversion plan for approval.
B. All emergency repair operations shall be performed with full regard
to safety and to keep traffic interference to an absolute minimum.
There shall be compliance with the current regulations for traffic
control as established under the MUTCD Manual, Department of Transportation
and/or the Township of Morris Police. This shall include but not be
limited to the use of traffic warning signs, cones, vehicles with
adequate emergency lighting and the use of HI visibility garments
when performing any type of traffic diversion.
It is to be expressly understood that no materials, vehicles
or equipment are to be placed in the roadway or sidewalk until all
construction signs, light devices and pavement markings are installed
and approved. Once normal traffic patterns are altered, the approved
traffic control plan shall be employed.
The Township of Morris Police Department shall have sole responsibility
to notify immediately all affected agencies, including but not limited
to police, fire, EMS, and the school transportation office, of any
work or construction upon or near a roadway within the Township that
would delay or interfere with the providing of services. Such notification
shall be made in a manner pursuant to, and in compliance with, the
Township Police Department's policy and procedures.
Unless another penalty is provided by New Jersey statute, every
person convicted of a violation of a provision of this article or
any supplement thereto shall be subject to a fine of not less than
$250. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.