[Added by Ord. No. 949]
The Borough of Franklin Lakes does hereby adopt
the current Manual on Uniform Traffic Devices, hereafter known as
the "MUTCD," and further adopts any subsequent supplements or amendments
to the extent that it controls and regulates construction, maintenance
operations or utility work conducted on the streets and highways of
the Borough of Franklin Lakes. Any person, contractor, utility or
other entity 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 the person,
contractor, or in the case of a public utility as required under the
public utility agreement, wishing to conduct work on, under or above
the roadway to contact the Traffic Bureau of the Franklin Lakes Police
Department in order to arrange a preconstruction meeting in order
to submit plans for the safe movement of traffic during such period
of construction work. Any person, contractor, or utility who fails
to comply with this article prior to the start of such work or whose
plans are not approved by the Traffic Bureau of the Franklin Lakes
Police Department is in violation of this article.
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
does not respond to the call from the Police Department to correct
a hazardous condition, the Borough may respond to correct such 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.
There shall be no construction, maintenance
operations or utility work under, on or above any roadway before the
hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted
to permit work before 9:00 a.m. or after 4:00 p.m. by the officer
in charge of the Traffic Bureau of the Franklin Lakes Police Department.
If it is determined by the officer in charge of the Traffic Bureau
of the Franklin Lakes Police Department that the construction or maintenance
operations prior to 9:00 a.m. or after 4:00 p.m. on any roadway 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.
Road closings and/or detours shall not be permitted
unless approved by the Traffic Bureau of the Franklin Lakes Police
Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Traffic Bureau of the
Franklin Lakes Police Department that same is necessary to provide
for the safety and expeditious movement of traffic.
The Traffic Bureau of the Franklin Lakes 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.
A.
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 Borough, the person, contractor or utility performing such operation
shall notify the Franklin Lakes Police Department of such emergency
operation. The person, contractor or utility shall disclose the nature
of the emergency, 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.
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 in compliance with the provisions of the MUTCD.
A.
Any person, contractor or utility who commits a violation
of this article shall, upon conviction thereof for a first offense
pay a fine of not less than $100 nor more than $500 and/or be imprisoned
in the county jail for a term not exceeding 90 days; for a second
offense, upon conviction thereof, pay a fine of not less than $250
nor more than $500 and/or be imprisoned in the county jail for a term
not exceeding 90 days.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
