Borough of Woodbury Heights, NJ Article XIA Traffic Control During Street Excavation, Construction or Maintenance [1]

[Adopted 4-12-00 by Ord. No. 6-2000]

[1] Editor's Note: This Article was adopted as Ordinance No. 6-2000 as Section 27-16 and was renumbered for codification purposes.

§ 104-29.1 Standards and practices.

A. The "Manual on Uniform Traffic Control Devices," hereinafter designated as M.U.T.C.D., together with all supplements and amendments thereto as may from time to time be adopted and established, be and is hereby adopted as a Manual for the policies, practices and procedures to be utilized by the Woodbury Heights Police Department or other appropriate and lawful officers and agents of the Borough of Woodbury Heights whenever construction, excavation, maintenance or utility activities occur, above or below, public roadways within the Borough.

B. Preconstruction Meetings. Any person, entity, public utility or their agents, employees or assigns desiring to conduct within, under or above public roadways, construction or other activity that may impair, impede or endanger the safe and efficient movement of traffic, shall be obligated to establish a preconstruction meeting with the Chief of Police or his designee, except in emergencies, and at such time submit plans for the safe and efficient movement of traffic during planned construction or other activities defined above. Failure to establish and conduct such preconstruction meeting or provide acceptable plans or information to the Chief of Police shall be a violation of this Article upon the occurrence of any construction, excavation, maintenance or other work upon public roadways as above defined.

C. Hazardous Conditions. Any person, contractor, utility or entity responsible for compliance with this Article shall provide a minimum of two emergency contact telephone numbers to the Police Department prior to any work in, under or upon a public roadway. In the event that the Police Department cannot reach an emergency contact person at such numbers or such person fails to respond to a notice of the Police Department to correct a hazardous condition, the borough may respond to correct, alleviate or modify such hazardous condition with all reasonable fees associated with such borough response to be chargeable and subject to a claim of the borough to the person, entity, contractor or utility causing such hazardous condition.

D. Hours of operation. No construction, maintenance, utility work or other work associated with the impediment of traffic as herein above defined shall occur on any public roadway before the hour of 7:00 a.m. or after the hour of 5:00 p.m. except by permission of the Chief of Police or his designee or in cases of emergency.

E. Road closing and detours. Road closings and/or detours shall not be permitted unless approved by the Woodbury Heights Police Department.

F. Traffic Directors. Traffic directors shall be utilized at all construction or maintenance sites that may impair, impede or otherwise impact the safe and efficient movement of vehicles on public roadways as may be determined by the Woodbury Heights Police Department. In such cases, traffic directors shall be assigned by the Police Department with all such directors to be regular police officers of the Woodbury Heights Police Department or such other regular police officers of other jurisdictions when approved by the Woodbury Heights Police Department.

[Amended 10-17-12 by Ord. No. 17-2012]

G. Stop work. The Woodbury Heights Police Department shall have authority to stop all work, including ordering removal of equipment, vehicles and stored materials within street rights-of-way, backfilling of open excavations and/or other related work in order to abate any nuisance and/or impediment to the safe and efficient movement of vehicle traffic or to abate any safety hazards in violation of this Article or other laws.

H. Site preparation. No person or entity shall place any materials, vehicles, equipment or other impediments in public roadways or sidewalks until all construction signs, lights, warning devices and pavement markings are installed.

I. Payment of services to traffic directors. Payment of services to traffic directors shall be at such rates established pursuant to Chapter 27 of the Woodbury Heights Code.

§ 104-29.2 Indemnification.

Any person requesting use of traffic directors through the Woodbury Heights Police Department shall be responsible to indemnify and hold the Borough of Woodbury Heights harmless for any claims or actions arising therefrom and shall indemnify the borough for and against all such claims or actions.

§ 104-29.3 Violations and penalties.

Any person, entity, or employer representative thereof who commits or causes a violation of this Article shall, upon conviction for a first offense, pay a fine of not less than $100 nor more than $1,000 and, for a second or subsequent offense, a fine of not less than $300 nor more than $1,000. A separate offense shall be deemed to have occurred on each day or instance of a violation of this Article.