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.