[Added 5-11-1999 by Ord. No. 438-NNN-99]
A. 
The Township Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations and utility work, above- or 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 forces performing these operations.
B. 
The Township of Brick in the County of Ocean, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as the MUTCD, except as hereinafter supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor, or utility, who 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 a person, contractor or public utility wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the Township Police Department in order to arrange a preconstruction meeting in order to submit traffic control plans for the safe movement of traffic during such period 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 Traffic Bureau of the Township Police Department is in violation of this section. The preconstruction meeting requirement may be waived by the Township after review of any submitted plans by any person, contractor or public utility.
The person, contractor or utility shall provide the Traffic Bureau 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 emergency contacts cannot be reached, or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the municipality may respond to correct such hazardous condition. The reasonable fees for such emergency services by the municipality shall be charged to the person, contractor or utility responsible for such condition.
There shall be no construction, maintenance operations or utility work on any roadway in the municipality 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 Traffic Bureau of the Township of Brick Police Department. If it is determined by the officer in charge that the construction or maintenance operations 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. to 4:00 p.m.
Road closings and/or detours shall not be permitted unless approved by the Township of Brick Police Department Traffic Bureau.
Traffic directors shall be posted at all construction or maintenance sites when determined by the Township Police Department Traffic Bureau that same is necessary to provide for the safe and expeditious movement of traffic.
The Township of Brick Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or other related work, in order to abate any nuisance, traffic delay 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 or until all construction, signs, lights, devices and pavement markings are installed.
In the 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 Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation. All emergency construction and maintenance operations shall be formed 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 road work.
Any person, corporation, partnership or other entity convicted of violation of this article shall be subject to the penalties as provided in Chapter 1, § 1-15, General penalty, for each separate violation.