[Added 5-7-2002 by Ord. No. MC 3193; amended 10-14-2015 by Ord. No. MC 3553; 1-12-2016 by Ord. No. MC 3562; 3-13-2018 by Ord. No. MC 3635; 3-28-2022 by Ord. No. MC 3789]
A. 
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; also 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 safety and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.
B. 
The Township of Irvington in the County of Essex in the State of New Jersey does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as the "MUTCD," except as hereby supplemented and amended, as it controls and regulates whenever construction maintenance operation utility work obstructs the normal flow of traffic. Any person, contractor or utility that fails to comply with the provisions of the MUTCD while performing such work is in violation of this article.
It shall be the responsibility of the person, contractor, or in the case of public utility, as required under the public utility agreement, wishing to conduct work on, under or above the roadway to contact the Traffic Division of the Irvington Public Safety Department in order to arrange a preconstruction meeting at least three business days in advance of any construction in order to submit plans for the safe movement of traffic and pedestrians during such period of construction work. Any person, contractor or utility who fails to comply with this section three business days prior to the start of such work or whose plans are not approved by the Traffic Division of the Irvington Public Safety Department is in violation of this article.
The person, contractor or utility shall provide the Public Safety Department with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site. The contact numbers are to be supplied prior to the start of any work. If for any reason the emergency contact person does not respond to the call from the Public Safety Department to collect such hazardous conditions, a reasonable fee for such emergency services by the Township shall be charged to the person, contractor or utility for such conditions, and the site will be shut down until such conditions are alleviated.
Traffic directors (police officers) shall be posted at all construction or maintenance sites when determined by the Irvington Public Safety Department that they are necessary to provide for the safety and expeditious movement of traffic. Traffic directors shall be visible at all times when posted at construction or maintenance sites except where otherwise required by the nature of the construction or maintenance site.
The Irvington Public Safety Department shall have the authority to stop work, including the removal of equipment and vehicles, stored materials within the street 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.
A. 
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.
B. 
At the conclusion of each day's work, the work area shall be left in a safe and orderly fashion. In the event that the work area is not left in a safe and orderly fashion, the Township shall contact the person, contractor or utility to remedy the condition. In the event that the person, contractor or utility fails to promptly respond, the Township reserves the right to remedy the condition at the cost and expense of the person, contractor or utility.
A. 
In case of emergency repair work where construction maintenance operations or emergency utility work must be performed that will obstruct, interfere or detour traffic on any roadway in the Township, the person, contractor or utility performing such operation shall notify the Irvington Public Safety Department of such emergency operations. The person, contractor or utility shall disclose the nature of the emergency and the location and hours of operation.
B. 
All emergency construction and maintenance operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. During such emergency repair work, the person, contractor or utility shall comply with the provisions of the MUTCD while performing such emergency repair work.
A. 
Unless otherwise directed by the Township Engineer or Construction Official, the following specifications shall govern the maintenance and repair of street openings by the permittee.
(1) 
The permittee shall notify the Township Engineer, Public Works Director and Construction Official at least 24 hours prior to final repair of the trench of road opening.
(2) 
Eight inches of bituminous stabilized base course shall be placed and compacted so as to provide a smooth surface. A thin tack coat shall be applied to the sides of the existing pavement.
(3) 
It shall be the responsibility of the permittee to maintain such pavement openings to the existing grade by the addition of bituminous concrete as required by this chapter. Should the permittee fail to maintain such pavement openings as required by this chapter, in the opinion of the Township Engineer, the Township Engineer shall notify the Construction Official of such failure and the Construction Official shall, upon 24 hours' notice, whether written or oral, to the permittee order such conformity with this chapter or such repair or any such work deemed necessary and proper by the Township Engineer and/or Construction Official, whereupon the Department of Public Works of the Township shall commence such work and the cost thereof shall be deducted from deposits received, if any, related to the road opening, excavation or other work. If sufficient funds are not available, the permittee shall be notified in writing and shall have 30 calendar days to remit payment or be subject to the penalties outlined in this chapter.
(4) 
When, in the opinion of the Township Engineer or Construction Official, settlement in the pavement opening has ceased, the bituminous concrete surface course and base course shall be removed to the required depth and the edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool, and permanent pavement shall be installed in the following manner.
(5) 
There shall be no varying width in the final repair. The edges of the existing pavement shall be painted with asphaltic oil, and hot mixed bituminous concrete pavement shall be installed consisting of six inches of a New Jersey Department of Transportation approved bituminous stabilized base course mix, and two inches of a New Jersey Department of Transportation approved bituminous concrete surface course mix.
(6) 
For openings in reinforced concrete pavement when the settlement in the temporary pavement has ceased, the temporarily pavement shall be removed to the required depth and permanent pavement shall be installed. The edges of the existing pavement shall be neatly cut back to a minimum of six inches with a pavement saw or pneumatic cutting tool to expose the existing reinforcement steel. There shall be no varying width in the final repair. New steel of the same size as the existing steel shall be wired to the existing steel with a six-inch overlap. New concrete, 2,500 psi, eight inches thick shall be installed to complete the permanent repair.
(7) 
Each permittee shall cover an open excavation with steel plates ramped to the elevation of the contiguous street, pavement or other portion of the public right-of-way or otherwise protected in accordance with guidelines prescribed by the Township Engineer and/or the Director of the Department of Public Works.
(8) 
Each permittee shall keep the area surrounding the work site clean and free of loose dirt or other debris in a manner deemed satisfactory to the Township Engineer and/or the Director of the Department of Public Works. Work sites shall be cleaned at the completion of each work day. In addition, the permittee shall remove all excess excavated material from the work site no later than the end of each workday or by 6:00 p.m.
(9) 
Each permittee shall be subject to hazardous material guidelines for data collection, disposal, handling, release and treatment of hazardous material; site remediation and worker safety and training. The permittee shall be required to comply with all federal, state and local laws regarding hazardous material. For purposes of this subsection, "hazardous materials" shall mean any gas, material, substance or waste, which, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state or local government authority to pose a present or potential hazard to human health or safety or to the environment.
(10) 
Street restoration requirements for all road openings, excavation or other work within the Township shall be done in compliance with the most recent standards promulgated by the New Jersey Department of Transportation and/or Township Engineer, whichever is stricter.
(11) 
Any street in the Township which has been resurfaced within the last 10 years for which a permit for road opening, excavation or other work is issued shall include the requirement that the party performing the work must resurface the road from curb to curb and from street corner to street corner. Furthermore, all driveways and/or sidewalks at any intersection impacted by work done under a road opening permit shall be restored as per Township Engineer's standards. All regular sidewalks, when being restored or replaced as part of a road opening, excavation or other work must also be restored as per the Township Engineer's standards. The acceptance of all work done under the aforesaid specifications shall be under the supervision of the Township Engineer.
(12) 
Whenever or wherever any street is excavated the curbs and sidewalks abutting such street shall be considered an integral part of such street and shall be reconstructed and improved so as to conform to such street in accordance with the current specification(s) of the New Jersey Department of Transportation.
(13) 
Any crosswalks on the impacted street must be re-striped and brick-inlayed crosswalks must be restored, if applicable.
There shall be no construction, maintenance operation or utility work on any roadway in the Township before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic Bureau of the Irvington Public Safety Department or the Director of Public Safety or his designee. If it is determined that the construction or maintenance operations if started prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.