[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.
A. 
Any person, contractor or utility who commits a violation of this article shall be subject to the penalties provided in § 1-4 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.