[Added 9-24-2015 by Ord. No. 2015-15]
Editor's Note: This ordinance also provided for the renumbering of former Art. VIII as Art. IX.
When the Township Council 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 Township of Maple Shade, in the County of Burlington, 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 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.
It shall be the responsibility of the person, contractor or, in the case of a public utility as required under the public utility agreement, Section 16:25-9.2, wishing to conduct work on, under or above the street to contact the Police Department of the Township 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. No work shall commence and no work equipment may occupy a roadway or public passageway without prior Police Department approval of the submitted plans, which shall be in the possession of the person, contractor, or utility while maintaining the active work zone. Any person, contractor or utility who fails to comply with this article prior to the start of such work, or whose plans are not approved by the Police Department of the Township is in violation of this article.
Prior to the termination of daily work activities, the person, contractor, or utility shall remove or cause to be removed all work equipment, materials, and any other encumbrances, obstructions, or impediments to the safe passage of vehicular, bicycle, and pedestrian traffic along the roadways and public passageways upon which the person, contractor, or utility is responsible within the scope of its work. This includes, but is not limited to, unregistered vehicles, motorized work equipment, refuse containers, and work materials which are deemed uncrashworthy such as pipe piles, stone or other aggregate, or other material which is not readily movable. Any such equipment that is requested to remain along a roadway or public passageway must be approved by the Police Department and shall be protected against collision, as cones and other reflectorized devices are generally not sufficient protection when used alone without a barrier or protective device.
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 were made, or if the emergency contact person does not respond to a call from the Police Department to correct such hazardous condition, the Township may respond to correct.
All construction, maintenance operations, or utility work on any roadway in the Township shall be performed within the hours provided in § 128-3 of the Township Code. The Township Council may adjust this time limit if it is determined by the Maple Shade police officer in charge that the construction or maintenance operations limited to the hours provided in Chapter 128-3 would substantially delay traffic or cause a safety or health hazard.
Road closing and/or traffic detours shall not be permitted unless approved by the Township Police Department.
Traffic directors shall be posted at all construction or maintenance sites when determined by the Township Police Department that same is necessary to provide for the safety and expeditious movement of traffic.
The Township Police Department shall have the authority to stop work, including the removal 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.
It is to be expressly understood that no material, vehicles or equipment are to be placed in the roadway or sidewalk until all construction, signs, light devices and pavement markings are installed.
Any person, contractor or utility who commits a violation of this section 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, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days.
A separate offense shall be deemed committed on each day during or on which violation occurs or continues.