[Added 7-25-2019 by Ord. No. 05:06-19]
The Mayor and Council of the Borough of Bellmawr hereby find and declare 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 Bellmawr does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as MUTCD, and regulates whenever construction maintenance operations of utility work obstruct 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.
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 Bellmawr Police Department to arrange a pre-construction meeting in order to submit plans for the safe movement of traffic during such periods 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 Bellmawr Police Department, is in violation of this section.
The person, contractor or utility shall provide the Police Department 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, the 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 the hazardous condition. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor or utility responsible for such condition. Such fees shall be determined by the current rate schedule of the Bellmawr Highway, Sewer and Water Departments.
There shall be no construction, maintenance operations, or utility work on any roadway in the Borough before the hour of 8:30 a.m. or after 4:30 p.m. This time limit may be adjusted to permit work prior to 8:30 a.m. or after 4:30 p.m. by the officer in charge of the Traffic Operations of the Bellmawr Police Department. If it is determined by that Officer that the construction or maintenance operations prior to 8:30 a.m. or after 4:30 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 8:30 a.m. and 4:30 p.m.
Road closings and/or traffic detours shall not be permitted unless approved by the Bellmawr Police Department.
Traffic officers shall be posted at all construction or maintenance sites, when determined by the Bellmawr Police Department that same is necessary to provide for the safe and expeditious movement of traffic.
The Bellmawr Police Department shall have the authority to stop work, including the removal of equipment, vehicles or stored material within the street right-of-way, backfilling of open excavations, and/or related work, in order to abate any nuisance and/or safety hazard, or for any violation of this section.
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.
The power to regulate excavation and construction in the public streets is contained in N.J.S.A. 40:67-1. The incidental power to perform work where a landowner has refused to do so and to recover the cost thereof is contained in N.J.S.A. 40:67-9. The power to regulate soil removal is included within the general police power granted by N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.
Violation of any provision of this article shall be punishable by a fine in amount of not more than $2,000.. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.