[Adopted 9-24-1992]
A.
This article shall apply to construction companies,
excavators, land developers, public utilities (except municipal utilities)
and any person connected with construction affecting traffic conditions
including the owner and/or resident of affected property.
A.
The 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 Borough of Allendale, County of Bergen, 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 wherever
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 section.
A.
It shall be the responsibility of the person, contractor
or in the case of a public utility wishing to conduct work on, under
or above the roadway to contact the Traffic Bureau or Chief of Police,
Borough of Allendale, in order to arrange a preconstruction meeting
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 of whose
plans are not approved by the Traffic Bureau or Chief of Police, Borough
of Allendale, is in violation of this article.
B.
Public utilities conducting routine maintenance work
need not comply with the preconstruction meeting requirement.
The person, contractor or utility shall provide
the Traffic Bureau or Chief of Police 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
contract person does not respond to a 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 services
by the Borough shall be charged to the person, contractor or utility
responsible for such condition.
The Borough of Allendale Police Department Traffic
Bureau or Chief of Police shall maintain a list of all roads determined
to be heavily traveled for the purposes of this article. Such determination
shall be made by the Police Department Traffic Bureau or Police Chief
and shall be binding. Said list may be amended from time to time as
conditions warrant to include roads which become heavily traveled
due to temporary conditions or events. This list shall be available
for inspection during normal business hours, and a copy shall be provided
upon request of any party.[1]
[1]
Editor's Note: The original list of heavily
traveled roads is attached to Ord. No. 708 and on file in the office
of the Borough Clerk.
A.
There shall be no construction, maintenance operations or utility work under, on or above any heavily traveled roadway (as defined in § 252-52, Heavily traveled roads) in the Borough before the hour of 9:00 a.m. or after 4:00 p.m.
B.
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 or the Chief of Police of the Allendale Police Department.
If it is determined by the officer in charge of the Allendale Police
Traffic Bureau or Police Chief 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. to 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Allendale Police Traffic Bureau
or Chief of Police.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Allendale Police that
the same is necessary to provide for the safety and expeditious movement
of traffic.
The Traffic Bureau or Chief of Police of the
Allendale Police Department shall have the authority to stop work,
including the removal of equipment and vehicles, stored materials
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 Allendale 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.
Any person, contractor or utility who or which
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; and 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. A separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
This article shall take effect after approval
by the Commissioner of Transportation 20 days after passage and publication
as prescribed by law.
