[Amended 9-20-2016 by Ord. No. 1814]
The Township Committee hereby finds and declares
that problems of traffic control occur when traffic must be moved
through or around road or street construction, maintenance operations
and utility work, above or below ground, which requires blocking the
roadway 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 construction
and maintenance zones and to provide safety for the work forces performing
these operations. Therefore, the Township Committee does hereby adopt
the current Manual on Uniform Traffic Control Devices, 2009 MUTCD
with revisions 1 and 2, May 2012, hereafter known as "MUTCD," except
as hereby amended and supplemented, as it controls and regulates whenever
construction, maintenance operations or utility work obstructs the
normal flow of traffic. Any person, contractor or utility work obstructs
the normal flow of traffic. Any person, contractor or utility who
fails to comply with the provisions of MUTCD while performing such
work is in violation of this section.
A. Preconstruction meetings are required. It shall be
the responsibility of the person, contractor or utility, 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 roadway
to contact the Traffic Bureau of the Township of Wyckoff 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
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 Traffic Bureau of the Township of Wyckoff Police Department
is in violation of this section.
B. Emergency contact phone numbers. The person, contractor
or utility shall provide the Traffic Bureau with at least two emergency
contact phone 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 contacts cannot be reached or if the emergency
contact person does not respond to a call from the Police Department
to correct a hazardous condition, the Township may respond to correct
such hazardous condition. The reasonable fees for such emergency services
by the Township shall be charged to the person, contractor or utility
responsible for the condition.
C. Time limits. There shall be no construction, maintenance
operations or utility work on any roadway in the Township 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 Traffic Bureau of the Township of Wyckoff Police
Department. If it is determined by the officer in charge of the Traffic
Bureau 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.
D. Road closing and detours: Road and/or lane closures
and traffic detours shall not be permitted unless approved by the
Wyckoff Police Department Traffic Safety Bureau. It shall be the responsibility
of the person, contractor or utility to provide a detailed outline
of the proposed road and/or lane closure and traffic detour prior
to any work beginning. This must be approved by Wyckoff Police Traffic
Bureau (or his /her designee).
E. Traffic control officers: For the purpose of this
article, a traffic control officer is that individual who is responsible
for traffic control at a roadway work/maintenance site and is a Township
of Wyckoff Police Officer.
(1) Traffic
control officers and police emergency vehicles shall be posted at
all roadway/maintenance work sites when determined by the Wyckoff
Police Traffic Safety Bureau that the same is necessary to provide
for the safety and expeditious movement of traffic.
(2) Civilian
flaggers shall not be used unless the Township of Wyckoff Police Department
cannot provide traffic control officers with an emergency vehicle
or approved by the Wyckoff Police Traffic Safety Bureau. Civilian
flaggers shall not be used as traffic control officers in any work/maintenance
zone which contains an intersection with a traffic control device,
or cause an impact/delay, which creates unsafe travel at any intersection
with in the Township of Wyckoff. In those cases a traffic control
officer must be used.
(3) Civilian
flaggers must meet qualifications set forth in Section 6E of the MUTCD
and be a certified flagger by Rutgers University or comparable organization.
Civilian flaggers must be in possession of their certification when
working in any work/maintenance zone and be able to present them upon
request. These assignments shall be approved by the Chief of Police,
Wyckoff Police Traffic Safety Bureau (or his/her designee).
F. Stop work: The Traffic Safety Bureau and Township
of Wyckoff police officers shall have the authority to stop all work,
including the removal of equipment and vehicles and stored material
within the work/maintenance zone (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 this section.
G. Violations and penalties.
(1) 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, 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; for a third or subsequent conviction, pay a fine of not less
than $500 and/or be imprisoned in the County jail for a term not exceeding
90 days.
(2) A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.