[Adopted 3-2-1992 by Ord. No. O-2-92]
A.
The Township Council finds and declares that problems
of traffic control occur when traffic must be moved through or around
road and 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 Monroe, in the County of Gloucester,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices, 1988 Edition, hereafter known as "MUTCD,"
except as hereby 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 MUTCD while performing such
work is in violation of this article.
It shall be the responsibility of the person,
contractor or utility, in the case of a public utility as required
under the public utility agreement, Section 16:25-9.2, wishing to
conduct work on, under or above the roadway to contact the Traffic
Bureau of the Monroe Township 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 of 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 Traffic
Bureau of the Monroe Township 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 person
does not respond to a call from the Police Department to correct a
hazardous condition, the Township may respond to correct such hazardous
condition. The reasonable fees for such emergency services by the
Township 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 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 Monroe Township Police Department.
If it is determined by the officer in charge of the Monroe Township
Police Department 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 closing and/or traffic detours shall not
be permitted unless approved by the Traffic Bureau of the Monroe Township
Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Traffic Bureau of the
Monroe Township Police Department that the same is necessary to provide
for the safety and expeditious movement of traffic.
[Added 4-21-1997 by Ord. No. O-21-97]
A.
Prior to any individual, corporation and/or entity
commencing excavation on any roadway in the Township or a construction
site that causes a roadway to be detoured in a nonemergency situation,
said party shall, within 72 hours prior to the commencement of any
work, notify the Monroe Township Police Traffic Bureau of its intentions.
Under circumstances that are deemed to be an emergency situation,
the entity responsible shall immediately contact the Police Department
of any work that is being conducted that requires excavation on any
roadway in the Township or a construction site that causes a roadway
to be detoured.
B.
During the period of time when the roadway is under
construction, excavated, or opened, it shall remain, whenever reasonably
safe, open to traffic, and the person, contractor or utility shall
provide for continuous vehicular access in accordance with the standards
described in the latest edition of the Manual on Uniform Traffic Control
Devices (MUTCD). In the event that detouring is necessary, it shall
be the responsibility of the person, contractor or utility to coordinate
such detouring with the Police Traffic Bureau. The proper traffic
control devices shall be erected and maintained by the person, contractor
or utility in accordance with standards described in the latest edition
of the MUTCD and the Quality Standards for Work Zone Traffic Control
Devices, published by the American Traffic Safety Services Association
and as documented in the Traffic Control Plan, where applicable.
C.
While under construction or excavation, the person,
contractor or utility shall be responsible for providing barricades
or other safety devices or warnings, as described in the latest edition
of the MUTCD, so as to adequately inform motorists, bicyclists and
pedestrians of any construction, excavation or detours.
D.
The person, contractor or utility shall be responsible
for damage to life and property due to his/her operation. Additional
work shall be performed in strict accordance with all federal, state
and Township ordinances.
E.
Any person found guilty of violating any provision
of this section is subject to a fine of not less than $100 nor more
than $1,000 and/or community service not to exceed 90 days. Each violation
shall be considered a separate offense.
The Traffic Bureau of the Monroe Township 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 safety hazards, or for any
violation of this article.
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
and/or be imprisoned in the county jail for a term not exceeding 90
days; and for a third or subsequent conviction, pay a fine of not
less 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.
