Article VI: Traffic Controls for Street and Highway Construction and Maintenance Operations

§ 164-39 Adoption of standards.

The Township of New Hanover hereby adopts the current Manual on Uniform Traffic Control Devices for Streets and Highways (hereinafter referred to as "MUTCD"), except as hereby amended and supplemented, as it controls and regulates traffic whenever construction, maintenance operations or utility work obstructs the normal flow of traffic.

Any person, entity, contractor or utility that fails to comply with the provisions of the MUTCD while performing such work is in violation of this article.

§ 164-40 Preconstruction meeting.

It shall be the responsibility of the person, entity, contractor, or utility wishing to conduct work on, under, or above the street, to contact the New Hanover Township Police Department in order to arrange a preconstruction meeting and to submit plans at the meeting for the safe movement of traffic during such periods of construction, maintenance, and/or utility work.

The requirement to obtain approval of plans shall be in addition to obtaining any other permits or approval required by federal, state, or municipal law or any other local ordinance or regulation.

Any person, entity, or utility that fails to comply with this section prior to the start of work is in violation of this article.

§ 164-41 Emergency contact telephone numbers; correction of hazardous conditions.

The person, entity, contractor or utility shall provide the Township Police Department with at least two emergency contact telephone numbers to be called in case of emergency problems at the subject construction or maintenance site prior to the start of any work.

If, for any reason, the emergency contacts cannot be reached or if the emergency contact person(s) fails to promptly respond to a call from the Township Police Department to correct a hazardous condition, then the Township will respond to correct the hazardous condition. The reasonable cost, if any, for such emergency service by the Township shall be charged to person, entity, contractor or utility responsible for the construction or maintenance project.

§ 164-42 Hours.

There shall be no construction, maintenance operations, or utility work on any roadway in the Township before the hour of 7:00 a.m. or after 5:00 p.m. on weekdays and Saturday.

There shall be no construction, maintenance operations or utility work on any roadway in the Township on Sundays or any Township holidays.

At the discretion of the Township Engineer and Chief Law Enforcement Officer, road working hours may be extended or further limited as necessary.

§ 164-43 Traffic control plans.

Traffic control plans (TCP) submitted to the New Hanover Township Police Department shall 1) be site-specific; 2) be completely legible; 3) clearly reflect the area where the work will be performed; 4) indicate precisely what signage and warning devices will be used; and 5) be prepared by an individual who is properly trained, credentialed and/or certified in regard to fundamental principles of work zone traffic control and work activities to be performed.

It shall not be the responsibility of the Township Police Department to design a traffic control plan, only to review, modify as needed, and approve such plans.

The TCP must also conform to the latest standards outlined in the Manual on Uniform Traffic Control Devices (MUTCD) and the New Jersey Department of Transportation (NJDOT) Safety Set-Up Guide.

§ 164-44 Stop work.

The Township Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the 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 of this article.

§ 164-45 Standard of work.

The person, entity, or utility performing construction, maintenance operations or utility work under this article shall take appropriate measures to ensure that, during performance of work, both vehicular and pedestrian traffic shall be maintained nearly as normal and safe as practicable. The permit holder shall plan and carry out its work to provide for the safe and convenient passage of such traffic and to cause as little inconvenience as possible to the occupants of adjoining properties.

The maintenance and protection of traffic and work shall be performed and conducted so as not to interfere with the safe and efficient passage of emergency vehicles and so as not to interfere with access to emergency facilities (e.g., fire stations, police stations, EMS stations, etc.).

Materials and obstructions shall not be placed within 25 feet of fire hydrants, or as directed by the local Fire Official. Passageways leading to fire escapes, fire equipment, and emergency access ways shall be kept free of obstructions.

§ 164-46 Notice.

It shall be the responsibility of the permit holder to notify the Township Clerk and the New Hanover Township Police Department of its plans to occupy the Township right-of-way. Thereafter and when necessary, the New Hanover Township Police Department will notify fire, emergency services, public and school bus transporters of the road occupancy.

The permit holder shall notify the owners of adjoining properties in writing, at least 48 hours prior to the time the permittee proposes to begin any work which will interfere with their normal passage, and must provide the Township Clerk with such notice.

§ 164-47 Traffic directors.

Unless the New Hanover Township Chief Law Enforcement Officer designates another jurisdiction (either local or state police) to assist in or oversee traffic control activities impacting local New Hanover roads and/or rights-of-way, the permit holder is required to employ New Hanover Township uniformed police officers as traffic directors when occupying the Township right-of-way, within 500 feet of a traffic signal, or stop-controlled intersection, or whenever any work affects the normal operation of a Township-owned traffic signal, or stop-controlled intersection.

At all other locations, the permit holder may be required to employ uniformed police officers as traffic directors at the discretion of the Township Engineer or from the Chief Law Enforcement Officer.

If the use of uniformed police officers is deemed necessary, the cost for same shall be the sole responsibility of the permit holder.

The permit holder shall be required, at a minimum, to maintain a single lane of traffic at all times, unless road closure has been previously requested and authorized.

§ 164-48 Violations and penalties.

Any contractor or utility, who commits a violation of this article, shall upon conviction thereof, pay a fine of $500 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.