[Ord. #97-947]
The Council hereby 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 and 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 force performing these operations.
The Borough of Tinton Falls in the County of Monmouth, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction maintenance operations of utility work obstructs the normal flow of traffic. Any person, contractor, or utility who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.
[Ord. #97-947]
It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, wishing to conduct work on, under or above the roadway to contact the Traffic Safety Unit of the Tinton Falls Police Department in order to arrange a pre-construction meeting to submit plans for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to their start of such work or whose plans are not approved by the Traffic Safety Unit of the Tinton Falls Police Department is in violation of this section.
Prior to the start of construction operations, the, contractor shall assign a supervisory-level employee to be the Traffic Control Coordinator. The Traffic Safety Unit of the Tinton Falls Police Department shall be notified as to the name of this individual at the pre-construction meeting, along with a method of contacting the individual on a twenty-four-hour, seven-day a week basis.
[Ord. #97-9947]
The person, contractor, or utility shall provide the Tinton Falls Police Department's Traffic Safety Unit 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 contact cannot be reached, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor, or utility responsible for such conditions.
[Ord. #97-947]
There shall be no construction, maintenance operations, or utility work on any roadway in the Borough before the hour of 7:00 a.m. or after 8:00 p.m. This time limit may be adjusted to permit work prior to 7:00 a.m. or after 8:00 p.m. by the officer in charge of the Traffic Safety Unit of the Tinton Falls Police Department. This limitation shall not apply to work of an emergency nature or work requiring immediate attention, nor shall it apply to work which can only be done within the restricted hours of the day such as work on active sanitary sewers which experience low flows in the very early hours of the morning. If such work is to occur, Tinton Falls Police Department shall be notified immediately. If it is determined by the officer in charge of the Traffic Safety Unit that the construction or maintenance operations prior to 7:00 a.m. or after 8:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 7:00 a.m. or 8:00 p.m. not to exceed three days except on further application citing specific reasons and on approval of Traffic Safety Management.
[Ord. #97-947]
Road closings and/or traffic detours shall not be permitted unless approved by the Tinton Falls Police Department's Traffic Safety Unit.
Should the contractor begin work prior to the work zone being properly established as described herein, the Borough of Tinton Falls shall assume no responsibility for tort liability issues arising from the contractor's premature start. All liability and consequences arising from a premature start are solely the contractor's. It should be noted that at the conclusion of the work day, the detour route will be discontinued and the area under construction reopened to traffic until the start of the following work day. Any street closing to exist on a twenty-four-hour basis shall comply with Tinton Falls Code 7-6.4.
Therefore, the contractor shall ensure that all of his equipment and materials are removed from the roadway, the road clear of debris and all raised manholes, inlets and other appurtenances have traffic control devices (i.e., drums) placed over them.
In the event that the manhole, inlet or other appurtenance is in the middle of a travel way and the placement of a traffic device would impede the flow of traffic, the manhole, inlet or other appurtenance will be ramped with fresh bituminous material (either cold or hot mix). The use of millings to perform this operation will not be allowed.
[Ord. #97-947; Ord. #04-1123]
Traffic directors shall be certified by the American Traffic Safety Services Association (ATSSA) or equivalent. Certification shall be provided to the Tinton Falls Police Traffic Safety Unit prior to start of any construction when working at a construction or utility sites. Regular police shall be posted at all construction or maintenance sites when determined by the Tinton Falls Police Traffic Safety Unit that it is necessary to provide for the safety and expeditious movement of traffic. All cost connected with such traffic controls shall be at the cost of the applicant.
[Ord. #97-947]
The Tinton Falls Police Department's Traffic Safety Unit shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
[Ord. #97-947]
It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk area until all construction, signs, lights, devices and pavement markings are installed.
It shall be the contractor's responsibility to maintain driveway access for all adjacent property owners. In the event that the driveway access must be temporarily denied, the contractor shall provide written notice to the Tinton Falls Police Department's Traffic Safety Unit and property owner at least five working days in advance of the driveway closing.
The contractor shall present to the Tinton Falls Police Department's Traffic Safety Unit all traffic control devices and materials necessary to execute proper maintenance and protection of traffic operations for the project, the number and type of traffic control devices deemed necessary by the Tinton Falls Police Department's Traffic Safety Unit. The contractor shall have all traffic control devices and materials present for examination at least five working days prior to the start of work.
All traffic control devices supplied are to be new. Traffic devices damaged under the work contract as a result of carelessness or mishandling by the contractor (i.e., running over cones or barrels with his equipment or splashing tar on traffic control devices, etc.) shall be replaced by the contractor within five working days.
The Tinton Falls Police Department's Traffic Safety Unit reserves the right to reject any traffic control device which, in their sole opinion, does not satisfy the criteria of M.U.T.C.D. specifications, is damaged or otherwise incapable of providing the function for which it was intended. In this event, the contractor shall replace the deficient traffic control devices and/or materials within two working days. Upon completion of a municipal contract project, all traffic control devices and materials become the property of the Borough of Tinton Falls.
[Ord. #97-947]
a. 
Any person, contractor or utility who commits a violation of this Part 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.
b. 
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.
c. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #97-947]
All ordinances or parts of ordinances which are inconsistent with the provisions of this Part are hereby repealed to the extent of any such inconsistency.
[Ord. #97-947]
This Part shall take effect after approval by the Commissioner of Transportation 20 days after passage and publication as prescribed by law.