[Added 9-16-2019 by Ord. No. 10-2019]
The Borough of Brooklawn does hereby adopt the current Manual
on Uniform Traffic Control Devices, hereafter known as M.U.T.C.D.,
and regulates whenever construction maintenance operations of utility
work obstructs the normal flow of traffic. Any person, contractor
or utility who fails to comply with the provisions of M.U.T.C.D. 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 Brooklawn Police Department to arrange a preconstruction
meeting in order to submit and/or communicate 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 Brooklawn Police
Department, is in violation of this article.
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 Brooklawn Department of Public Works (DPW).
There shall be no construction, maintenance operations, or utility
work on any roadway in the Borough of Brooklawn before the hour of
8:30 a.m. or after 4:30 p.m. This time may be adjusted to permit work
outside of that time frame either by the officer in charge of the
traffic detail or by the Chief of Police. If it is determined by the
Officer in Charge or by the Chief of Police, that the construction
or maintenance operations outside of the above time frame 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 closures and/or traffic detours shall not be permitted
unless approved by the Brooklawn Police Department.
Traffic officers shall be posted at all construction or maintenance
sites, when determined by the Brooklawn Police Department that same
is necessary to provide for the safe and expeditious movement of traffic.
The Brooklawn 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 article.
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.
There shall be a minimum of four hours paid to the officer(s)
for all traffic control details. The exception to this is if the job
gets cancelled and communication of that cancellation is made to the
point of contact at least 30 minutes prior to the start time of the
job.
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 the 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.
