Ordinance No. 17-15

Introduced: September 25, 2017
Public Hearing: October 23, 2017
Status: Pending

An Ordinance Amending Chapter 99 Vehicles and Traffic of the Revised Ordinances of the Township of Vernon by Adding New Article Entitled “Traffic Control Standards; Requirements for Construction and Maintenance”

BE IT ORDAINED by the Township Council of the Township of Vernon, in the County of Sussex, and State of New Jersey that Chapter 99 entitled Vehicles and Traffic of the Code of the Township of Vernon is hereby amended as follows:

Article XIV
TRAFFIC CONTROLS FOR STREET AND HIGHWAY CONSTRUCTION AND MAINTENANCE OPERATIONS

§99-46. Adoption of Manual on Uniform Traffic Control Devices for Streets and Highways.
The Vernon Township Council hereby finds and declares that problems of traffic control when traffic must be moved through or around street construction, maintenance operations, and utility work, above or below ground which requires blocking the street 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 and around construction and maintenance zones and provide safety for the work forces performing these operations.

§99-47. Adoption of Standards.
The Township of Vernon; in the County of Sussex; in the State of New Jersey does hereby adopt the CURRENT Manual on Uniform Control Devices for Streets and Highways hereafter known as the M.U.T.C.D., 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, utility that fails to comply with the provisions of the M.U.T.C.D. while performing such work is in violation of this section.

§99-48. Pre-Construction Meetings.
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 Vernon Township Police Department in order to arrange a pre-construction meeting 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 Vernon Township Police Department is in violation of this section. In some circumstances, it may be required that a Traffic Control Plan (hereinafter “T.C.P.”) be provided to the Vernon Township Police Department. Such requirement will be determined by the Chief of Police or his designee.

§99-49. Hazardous Conditions.
A person, entity, contractor or utility wishing to conduct work on, under or above any roadway within Vernon Township shall provide the Vernon Township Police Department Traffic Safety Bureau with at least two (2) emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site, or arising from the construction or maintenance being performed, prior to the start of any work. If for any reason an emergency contact cannot be reached, or if the emergency contact person does not respond in a timely manner to the call from the Vernon Township Police Department to correct a hazardous condition, the Township of Vernon may respond to such hazardous conditions. The reasonable fees for such emergency service by the Township shall be charged to the person, entity, contractor or public responsible for such conditions.

§99-50. Hiring of Off Duty Police Officers.

  1. Any person, entity, contractor, sub-contractor or utility wishing to conduct work on, under or above any roadway within Vernon Township, which is anticipated to take longer than two (2) hours, shall be required to hire off duty Vernon Township police officers when determined by the Vernon Township Chief of Police (or his designee) to be necessary to ensure compliance with the MUTCD, as well as to safely control traffic through the work zone.
  2. The Vernon Township Police Department shall be contacted at least 48 hours before starting work to arrange for the hiring of off duty police officers.
  3. All work on, under or over any roadway within Vernon Township which is anticipated to take less than two hours may be controlled with civilian flagmen, unless off duty officers are deemed necessary and approved by the Vernon Township Chief of Police or his designee. All civilian flagmen shall use proper NJ DOT approved vests, use NJ DOT approved “Stop” and “Slow” paddles and must be educated as to the proper operation of traffic flag controls. If flagmen cannot see each other, they must have walkie-talkie communication between them.
  4. If the work requires any road to be closed to traffic 24 hours a day, the hiring of off duty officers shall only be required when deemed necessary and approved by the Vernon Township Chief of Police or his designee.

§99-51. Road Closings, Lane Closings and Detours.
Road closings, Lane Closures and/or traffic detours shall not be permitted unless approved by the Vernon Township Chief of Police or his designee. Advance notice of detours must be given to motorists, except in emergent situations. Advance notice of Lane Closings of roadways in Vernon Township shall be posted in accordance with the current M.U.T.C.D. Notice to the Vernon Township Police Department is required before any lane closure.

§99-52. Mobile Operations.
Mobile Operations shall not be permitted unless approved by the Vernon Township Chief of Police or his designee. Advance notice to the Vernon Township Police Department of Mobile Operations is required in all circumstances. Any mobile operation shall be in accordance with the current M.U.T.C.D.

For the purpose of this ordinance, a Mobile Operation shall be defined as any work on the roadways in the Township of Vernon, which begins in one location and is moved throughout the work day on any roads within the Township of Vernon (i.e. tree trimming services or pot hole repairs).

§99-53. Stop Work.
The Vernon Township Police Department shall have the authority to stop work being performed within the Township, and to require the removal of equipment, vehicles and/or stored material within the right-of-way, or the backfilling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard, or for any violation of this Chapter.

§99-54. Hours.
There shall be no construction, maintenance operations, or utility work on any roadway in the Township of Vernon before 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 Vernon Township Chief of Police or his designee. If it determined by the Vernon Township Police Department that any work outside the set forth hours would substantially delay traffic or cause a safety or health hazard, the work shall not be permitted.

§99-55. Site Preparation or Maintenance.
No materials, vehicles or equipment are to be placed in any roadway or sidewalk areas until all construction signs, lights, devices and pavement markings are installed and approved. All construction signs that will not apply during construction, such as “Flagman Ahead” signs after all work has been completed for the day, must be bagged or removed from view of motorists.

§99-56. Violations and Penalties.
Unless another penalty is provided by New Jersey statute, every person, entity, contractor or utility convicted of a violation of a provision of this Article shall be subject to a fine of not less than Two Hundred Fifty Dollars ($250).For a Second offense and subsequent offenses, upon conviction thereof, pay a fine of not less than Five Hundred Dollars ($500). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§99-57. Non-Applicability.
The requirements of this Chapter shall not apply to any construction on or maintenance to any roadway located within the Township of Vernon when such construction, maintenance or work is performed by the Township of Vernon, County of Sussex or the State of New Jersey. Non- Applicability does not apply to any sub-contractors employed by the Township of Vernon, County of Sussex or the State of New Jersey.

SECTION II. Severability. All ordinances or parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of any such inconsistency.

SECTION III. Effective Date. This ordinance shall take effect upon final adoption and publication according to law.