City of Absecon, NJ Article IV Construction on Highways and Streets

§ 330-8 Traffic controls for street and highway construction and maintenance operations for roadways under municipal jurisdiction.

A. Adoption of the manual on uniform traffic control devices for streets and highways. The Governing Body finds and declares that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations and utility work, above or below the ground which requires blocking the street 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 and around construction and maintenance zones and to provide safety for the work forces performing these operations.

The City of Absecon; in the County of Atlantic, State of New Jersey does hereby adopt the current Manual on Uniform Control Devices for Streets and Highways hereafter known as the M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility that fails to comply with the provisions of the M.U.T.C.D. while performing such work is in violation of this section.

B. Preconstruction meetings. It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, wishing to conduct work on, under or above the street to contact the 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 or 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 Police Department of the City of Absecon is in violation of this section.

C. Hazardous conditions. 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 must be made, or if the emergency contact person does not respond to a call from the Police Department to correct such hazardous condition, the City may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the City shall be charged to the person, contractor, or utility responsible for the condition.

D. Hours. There shall be no construction, maintenance, operations, or utility work on any roadway in the City 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 Police Department. If it is determined by the officer in charge 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.

E. Road closings and detours. Road closing and/or traffic detours shall not be permitted unless approved by the City Police Department.

F. Traffic directors. Traffic directors shall be posted at all construction or maintenance sites when determined by the City Police Department that same is necessary to provide for the safety and expeditious movement of traffic.

G. Stop work. The Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.

H. Site preparation. It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk or until all construction, signs, light devices and pavement markings are installed.

I. Violations and penalties. 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, the person, contractor or utility shall, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a tern not exceeding 90 days.

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

J. Inconsistent regulations. All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of any such inconsistency.

K. Approval of Commissioner of Transportation. This chapter shall take effect after approval by the Commissioner of Transportation 20 days after passage and publication as described by law.

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§ 330-9 (Reserved)