[Added 9-24-2015 by Ord.
No. 2015-15[1]]
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
A separate offense shall be deemed committed on each day during or
on which violation occurs or continues.