The governing body hereby finds and declares
that problems of traffic control occur when traffic and 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; 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. The Township of Egg Harbor, in the County of Atlantic,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices, 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 the MUTCD while performing such work is in violation
of this section.
A. Preconstruction meetings. It shall be the responsibility
of the person, contractor or, in the case of a public utility agreement,
wishing to conduct work on, under or above the roadway, to contact
the 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 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 Police Department
is in violation of this section.
B. Hazardous conditions. The person, contractor or utility
shall provide the Police Department with at least two emergency contact
telephone 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 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 Township of Egg Harbor may respond
to correct such hazardous condition. The reasonable fees for such
emergency service by this Township shall be charged to the person,
contractor or utility for such condition.
C. Hours. There shall be no construction, maintenance
operations or utility work on any roadway in the Township before the
hour of 8:00 a.m. or after 4:00 p.m. This time limit may be adjusted
to permit work prior to 8:00 a.m. or after 4:00 p.m. by the Chief
of Police or his/her designee of this Township. If it is determined
by the Chief of Police or his/her designee that the construction or
maintenance operations prior to 8:00 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 8:00 a.m. and 4:00 p.m.
D. Road closing and detours. Road closing and/or traffic
detours shall not be permitted unless approved by the Township Police
Department.
E. Traffic directors. Traffic directors shall be posted
at all construction and maintenance sites when determined by the Township
Police Department that the same are necessary to provide for the safe
and expeditious movement of traffic.
F. Stop work. The Township of Egg Harbor Police Department
shall have the authority to stop work, including the removal of equipment
and vehicles, stored material within the street right-of-way, back
filling of open excavations and/or other related work, in order to
abate any nuisance and/or safety hazard or for any violation of these
sections.
G. Site preparation. It is to be expressly understood
that no materials, vehicles or equipment are to be placed in the roadway
or sidewalk until all construction, signs, lights, devices and pavement
markings are installed.
H. Violations and penalties. 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. A separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.