[Added 6-25-1990 by Ord.
No. 90-2189]
The provisions of the Manual on Uniform Traffic Control Devices,
1978 Edition, as the same may hereafter be supplemental or amended,
be and are hereby adopted for the control and regulation of construction,
maintenance or utility work insofar as same may obstruct or otherwise
affect the normal flow of traffic on any Township road or street.
A.
Any person or entity desiring to perform any construction, repair,
renovation or other work at, under, above or immediately adjacent
to any such roadway within the Township shall, prior to the commencement
of any such work, apply for a permit from the Police Department. Such
permit shall be in addition to any other permits or licenses required
by law or by any state, county or municipal agency or official.
B.
The applicant shall set forth in said permit application a proposed
traffic safety plan for protecting motorists and pedestrians and allowing
safe movement of traffic. Included in the traffic safety plan shall
be the following information:
(1)
The names and addresses of at least two responsible officers, owners
or employees of the contractor available on a twenty-four-hour basis
in case of an emergency or any problem or apparent violation at the
work site.
(2)
The date or dates upon which construction will begin and end.
(3)
A full description of the work.
(4)
A sketch describing, as exactly as possible, the nature of disturbance
at, under, over or near any roadway; and any approval granted by any
other agency of the Township, including but not limited to the Zoning
Board, Planning Board or Code Enforcement Officer.
The applicant shall engage in a preconstruction conference with
a designated Township official for the purpose of describing the nature,
location and duration of the work and making suitable arrangements
to protect the safety of pedestrians, motorists and others and allowing
for normal traffic flow. Such preconstruction conference shall be
with a representative of the Middletown Police Department or of the
Township Engineer, and in all instances, the Police Department shall
be informed of such conference, and shall further be informed by the
contractor, prior to the commencement of any such work, of the results
of said conference and of the exact arrangement agreed upon with the
police official or Township Engineer, as the case may be.
The Chief of Police or his designee shall issue a permit following
such preconstruction conference when, in his opinion, a suitable traffic
safety plan has been submitted by the applicant following such conference.
No construction, maintenance operations or utility work shall
take place on or about any roadway in the Township before 9:00 a.m.
or after 4:00 p.m., except as may be permitted for emergencies or
other circumstances in the discretion of the Police Department.
If, in the opinion of the Chief of Police or his designee, complete
or partial road closings and/or traffic detours shall be necessary
at any time during any such construction, such detours may be permitted
but only to the extent and for the duration approved by said police
official.
The provisions of this article respecting permit and preconstruction
conference shall not apply to emergencies. The Police Department shall,
in its discretion, determine whether such emergency exists, and in
no event may any such emergency work be commenced or continued without
the express permission of the Police Department.
If, in the opinion of the Police Department, traffic directors
should be posted during any such construction, maintenance or repair
work, the same shall be included in the traffic safety plan, or may
be subsequently required, at the discretion and direction of the Police
Department, as determined necessary for the safety of motorists or
pedestrians or for the expeditious movement of traffic.
All such construction and maintenance operations, whether pursuant
to a permit or during an emergency, shall be performed with full regard
to the safety of pedestrians, motorists and residents and to keeping
the interruption of traffic flow to an absolute minimum. The contractor
or utility shall comply with the provisions of the Manual on Uniform
Traffic Control Devices at all times.
The Chief of Police or his designee shall have the authority
to stop any and all work, to order the removal of equipment and vehicles
from or near the site and to order immediate steps to be taken, including
but not limited to the backfilling of any open excavation and/or other
related work, when, in the opinion of the Chief or his designee, such
steps are necessary to abate any nuisance, to remedy any violation
of this article, to prevent or remedy a safety hazard or to halt unreasonable
interference with the flow of traffic.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
C.
In the event that any contractor or other person or entity shall fail or refuse to comply with a directive of the Chief of Police or his designee respecting any violation of this article or respecting any stop-work order or other direction issued pursuant to this article, then the Police Department is authorized to cause some other person or entity to cure such defect or safety hazard and to remove such equipment, with the contractor bearing all expenses related thereto upon conviction by a court of competent jurisdiction. Such payment of such expenses shall be in addition to the penalties set forth in Subsection A above.
