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35
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ®Town ❑Village
(Select one)
of Newfield
•
Local Law No. 1 of the year 20 14
A local law - . 14 - - - •. . A Am • , - _
(Insert Title)
.u.. . . . - • 6. - • • " 2014.
Be it enacted by the Town Board of the
(Name of Legislative Body)
['County []City ElTown ❑Village
(Select one:)
Of Newfield as follows: •
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-I (Rev.06/12)
Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.) 1 14 of
I hereby certify that the local law annexed hereto,designated as local law No. of 20
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Tnwn Rnarrl on 1)FramhPr 10 20 1 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20®of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 I , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer")
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-1 (Rev.06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.) of 20 —of
I hereby certify that the local law annexed hereto,designated as local law No.
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 ,became operative.
6. (County local law concerning adoption of Charter.) of
I hereby certify that the local law annexed hereto,designated as local law No. of 20
the County of State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote.of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph , above.
47. 4 ..e111 1,4146ifitie
Cler of the county legislative body,City, own or Village Clerk or
officer designated by local legislative body
(Seal) Date: Februa___ �5 �.._.__.
•
Page 4 of 4
A F'k 1 1 ) 14 A
4 b, -
IT
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GOVERNOR ALBANY, NY 12231-0001 SECRE7:.RYOr SI;.IE
April 7, 2014
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law 1 2014, filed on April 7, 2014
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional -
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 474-2755
•
0
www.DOS,N r_cov • E-mat:INFo@oos.NY_cov
1
LOCAL ROAD USE AND PRESERVATION LAW
TOWN OF NEWFIELD, TOMPKINS COUNTY, STATE OF NEW YORK
LOCAL LAW NO. 1 OF THE YEAR 2014
BE IT ENACTED by the Town Board of the Town of Newfield, County of Tompkins, State
of New York, as follows:
Section 1: Legislative Findings and Purpose.
The purpose of this local law is to maintain the safety and general welfare of Town residents
by regulating high impact activities that have the potential to adversely impact roads and
public and non-public property. Well-maintained roads are important to the economic well
being of the Town, and while certain high impact construction and maintenance operations,
and high impact commercial endeavors, can be economically beneficial, it is known and so
found that heavier trucks and equipment, and heavy loads carried by such vehicles,
deteriorate the pavement structure at an accelerated rate. A study at University of Texas
found that one heavy truck causes damage equivalent to 2,000 to 3,000 cars per single trip
route, and that the damage increases exponentially with the weight of the vehicle. For
example, it was found that a 95,000-pound truck does two to three times the damage of an
80,000-pound truck, and that multiple passes over a single roadway exacerbate this damage.
Further, in the U.S. Department of Transportation's 1998 Draft Comprehensive Truck Size
and Weight Study, the Department determined that pavement deterioration increases with
axle weight and with the number of axle loadings a pavement experiences. As such, it is the
intent of this law to protect Town roads from excess damages caused by frequent passes of
heavier trucks.
Accordingly, the Town Board has determined that certain high-intensity traffic associated
with large construction or high impact projects, whether located within the Town of
Newfield or merely using Town Highways, can damage and significantly reduce the life of
Town Highways, which must then be repaired at the expense of the Town's taxpayers. The
Town Board has further determined that such damage can be reliably measured using
recognized engineering standards. In addition, the Town Board has determined that the
strength and capacity of Town Highways may in some cases be inadequate to meet the
demands of traffic for large construction and high impact projects and that upgrades to Town
Highways may be necessary to accommodate such traffic. The Town Board finds that it is in
the best interest of the citizens and taxpayers of the Town to have the developers of such
large construction and high impact projects bear responsibility for making any necessary
upgrades and repairs to Town Highways caused by such projects.
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Thus, the purpose of this local law is to establish a mechanism to ensure that such upgrades
are made and such damage is repaired by the developers of large construction or high impact
projects that generate traffic likely to require upgrades or cause damage to Town Highways.
However, nothing in this local law shall be construed or applied to allow or permit any
activity not otherwise allowed within the Town.
This local law is not intended to regulate the underlying commercial, construction, or
maintenance project or endeavor; rather, the intent is to protect the Town roads and property
from damage that typically results from the high frequency use of heavy trucks and
equipment with heavy loads. It is the intent of this law to ensure that the Town's roads are
not damaged or harmed to the overall detriment of the Town and the general public by a few
individual users who utilize the roads in a manner that causes extraordinary deterioration to
the roads.
Nothing in this local law shall be interpreted, applied, or construed in a manner as to impair
the requirements of Town of Newfield local law#2 of 2010,pertaining to roadway
construction and excavation,and in the event of any conflict between the approval or other
requirements of this local law and said local law#2 of 2010,the more restrictive law or
requirement shall apply. Similarly,nothing in this local law shall impair any other Town of
Newfield Roadway laws including Local Law#1 of 1978,Local Law#3 of 1987,and Local Law
#2 of 2008.
Finally, nothing contained in this local law shall be interpreted, applied, or construed in a
manner as to unlawfully interfere with interstate commerce, including the right to lawfully
perform services relating to the essential local pick-up and/or delivery of goods and property.
Section 2: Authority.
This local law is enacted pursuant to the New York State Constitution, Article IX, § 2(c)(6),
the New York Vehicle & Traffic Law, § 1660, the New York Municipal Home Rule Law, §
10
(including specifically, but not exclusively, subsection 1(ii)(a)(6), which allows towns to
adopt local laws regarding the acquisition, care, management and use of its highways, roads,
streets, avenues and property), the New York Statute of Local Governments, § 10, the New
York Highway Law, §§ 320 & 326, Town Law § 130, and the New York Environmental
Conservation Law, § 23-0303(2).
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Section 3: Definitions.
As used in this local law, and unless the context thereof admits or otherwise requires, the
following terms shall have the following meaning(s):
Baseline Traffic means recurring ambient traffic presented on an annualized basis. It includes
typical daily activities on Town Highways (as hereinafter defined) such as passenger
vehicles, school buses, delivery vehicles, garbage trucks, and normal commuter and business
traffic. Baseline Traffic is the cause of normal wear and tear for which a Town Highway is
constructed. Baseline Traffic does not include unusual heavy traffic occurring on a temporary
basis for such things as Construction Activity (hereinafter defined), Concentrated Traffic (as
hereinafter defined), or the use of Heavy Industry Vehicles(as hereinafter defined)upon any
Town property or upon any Town Highway(as hereinafter defined).
Concentrated Traffic means: (i) traffic intended to travel upon, or traveling upon, Town
Highways to or from the site of Construction Activity which is not Baseline Traffic and
which will exceed the predetermined normal wear and tear thresholds of one or more Town
Highways or segments of Town Highways; (ii)traffic that is not Baseline Traffic that passes
through the Town or utilizes Town Highways for land disturbances, construction projects,or
other projects or activities, whether temporary or permanent, regardless of whether the land
disturbance, construction project, or other project or activity is located within the Town; and
(iii) the use or operation of any Heavy Industry Vehicles upon any Town Highways that
exceed any limitations set forth in Article 10 of the New York State Vehicle and Traffic
Law, including, without limitation, § 385 therein.
Construction Activity means any activity occurring or to occur in the Town that results in
land disturbance or the improvement of a parcel. Evidence of Construction Activity includes,
without limitation,those activities which are also being undertaken subject to:
A. Federal permits and approvals including,without limitation, approvals subject
to the National Environmental Policy Act and/or activities subject to the following
Nationwide Permits as amended and issued by the U.S. Army Corps of Engineers:
Permit 8 (Oil and Gas Structures); Permit 12 (Utility Line Activities); Permit 13
(Bank Stabilization); Permit 16 (Return Water from Upland Contained Disposal
Areas); Permit 17 (Hydropower Projects); Permit 21 (Surface Coal Mining
Operations); Permit 29 (Residential Developments); Permit 33 (Temporary
Construction, Access, and Dewatering); Permit 38 (Cleanup of Hazardous and Toxic
Waste); Permit 39 (Commercial and Institutional Developments); and Permit 44
(Mining Activities); or
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B. State permits and approvals, including, without limitation, Highway Work
Permits, Waste Transporter Permits, SPDES General Permit for Stormwater
Discharges from Construction Activity, and other SPDES Discharge Permits, Oil,
Natural Gas, and Solution Mining Permits, and other Mining Permits,
Overweight/Oversize Vehicle Permits, Authority to Transport Property (Except
Household Goods), Divisible Load Overweight Permits, Special Hauling Trip and
Annual Oversize/Overweight Loads Permits, LCV/Tandem Trailer Permits, and
Special Hauling Permits;or
C. Local permits and approvals, if applicable, including, without limitation:
excavation or construction permits issued under the Excavation Law (as hereinafter
defined), aquifer protection permits, aquifer protection construction permits,
variances or waivers issued for construction activities in Aquifer Protection Zones (if
any and as now or hereafter may exist), sludge or waste disposal permits, flood plain
construction and related permits, mining and gravel mining permits, building permits,
septic system permits and county sewage treatment permits, storm water permits and
SWPPP approvals, overweight/oversize vehicle permits, zoning amendments,
changes, and applications, including, without limitation, use variances, special use
permits,and subdivision and site plan approvals.
"Construction Activity" shall not include land clearing activities or the improvement of a
parcel related solely to "farm woodland" or "land used in agricultural production," as those
terms are defined and construed pursuant to and under the New York Agriculture and
Markets Law, at § 301.
Costs and Expenses shall mean: (i) all allowable and reasonable attorneys' fees, engineers'
fees, consulting and expert fees, reasonable administrative costs and expenses, permit fees,
permit processing fees and expenses, and fees charged by the State of New York or any other
governmental division or agency; (ii) all costs of materials, labor, permit compliance, and
other expenditures relating to the examination, inspection, planning, maintenance, re-
building, restoration, improvement, and repairs, temporary or permanent, of or to any Town
Highway; and (iii) in relation to any violation of any environmental law and/or the costs of
compliance with any judicial or regulatory order, consent, or mitigation order, or in relation
to any spill, discharge, emission, or transmission of any hydrocarbon or toxic substance
(whether of a "below-regulatory" level of concern or otherwise), all liabilities, claims,
damages, penalties,expenditures, losses, or charges, including, but not limited to, all costs of
investigation, monitoring, clean up, disposal, legal fees, fines, penalties, remedial responses,
removals,restorations or permit acquisition fees and expenses.
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Excavation Law means the Town of Newfield local law # 2 of 2010, entitled "Excavation
and Construction in Municipal Roadways and Highway Rights-of-Way."
Heavy Industry Vehicle shall mean: Vehicle requiring state permits and approvals to include
but not limited to vehicles such as Overweight/Oversize Vehicle Permits, Authority to
Transport Property (Except Household Goods), Divisible Load Overweight Permits, Special
Hauling Trip and Annual Oversize/Overweight Loads Permits, LCV/Tandem Trailer
Permits, and Special Hauling Permits.
Person means any one or more persons, corporations, partnerships, limited liability
companies, or other entities.
Program Manual means the "Road Use and Preservation Program Manual," Version 1.0, as
prepared by Delta Engineers, Architects, & Land Surveyors,P.C., a copy of which is on file
in the Office of the Town Clerk of the Town of Newfield.
Road Use Agreement (or "RUA") means a contract between the Town and any Person that
establishes a legally binding permitting process for road use and the compensation for costs
and damages which occur as a result of increased traffic or Concentrated Traffic. RUAs are
further defined and discussed in § 6,below.
Technical Manual means Road and Preservation Technical Manual, Version 1.0, as prepared
by Delta Engineers, Architects, & Land Surveyors, P.C., a copy of which is on file in the
Office of the Town Clerk of the Town of Newfield.
Town shall mean the Town of Newfield,in Tompkins County,New York.
Town Attorney shall mean the Town's attorney or the attorney for the Town, whether
retained upon a regular or special project basis.
Town Board shall mean the town board of the Town.
Town CEO shall mean the code enforcement officers of the Town.
Town.Engineer shall mean an engineer employed by the Town, by contract or otherwise, or
any town engineering consultant(s).
Town Highway shall mean the improved or unimproved lanes of travel of any roadway
(excepting County and State roads and highways), plus all related improvements and
appurtenances, including, but not limited to, ditches, swales, culverts, bridges, tunnels,
shoulders, guard rails, signs, concourses, driveways, easements, rights of way, sluice pipes,
sidewalks, and any utilities or improvements therein, thereon or there under, regardless of
whether such roadway is a highway by use, by implication, or by dedication. Further, as to
any dedicated roadway, the whole of the Town's title in fee, including any improvements
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within, adjacent to, or benefitting the roadway, including trees, plants, and all lateral and
subjacent rights in support, shall be deemed a part of the"Town Highway."
Town Highway Superintendent means the Superintendent of Highways of the Town, or his or
her designee.
Town Supervisor shall mean the supervisor of the Town.
Section 4: Applicability & Exemptions.
A. This local law shall apply to: (i)any Person who, individually or in concert with
another Person, intends to or does undertake any Construction Activity that will or
does result in Concentrated Traffic on Town Highways; (ii) any Person who,
individually or in concert with another Person, engages in any activity that produces
Concentrated Traffic on Town Highways; and/or(iii)any Person who, individually or
in concert with another Person, operates any Heavy Industry Vehicle upon any Town
Highway.
B. This local law shall not apply to: (i) sound agricultural operations and practices as
defined and construed in and by New York State Agricultural District Law, and the
movement of agricultural products; (ii) school buses and related educational
transportation vehicles; (iii) law enforcement vehicles; (iv) ambulances and fire
trucks and vehicles owned and operated by municipalities or fire companies on
emergency or official municipal or fire fighting business; (iv) military vehicles; (v)
maintenance,repair, and service vehicles owned and operated by a utility company or
authority while on official utility business, but excluding any pipeline transportation
companies and similar entities that are not engaged in providing residential-type
natural gas lines to residential and business structures; (vi) municipal and other
governmental vehicles engaging in maintenance, repairs, and/or the provision or
performance of any municipal service, together with those vehicles contracted for
such services by any municipality or governmental unit; and (vii) any Person who
obtains an exemption or waiver under the terms and provisions of this local law,
except to the extent as may be set forth in any conditions applied to such exemption
or waiver.
Section 5: Determination of Whether Proposed Use Constitutes Concentrated
Traffic.
A. Any Person identified under Section 4(A) of this local law shall, prior to undertaking
such Construction Activity or allowing, directing, or inducing Concentrated Traffic to travel
upon Town Highways, submit a haul route application form and project traffic worksheet to
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the Town Highway Superintendent in accordance with the forms and procedures set forth in
the Program Manual.
B. A filing fee in an amount as periodically set by the Town Board by resolution (see
Section 10, below) shall accompany each application, and no application shall be deemed
complete without the fee therefore being indefeasibly submitted to the Town.
C. The Town Highway Superintendent shall review such application and worksheet in
accordance with the Program Manual and the Technical Manual. Within 30 days of receipt of
a completed haul route application and project traffic worksheet, the Town Highway
Superintendent shall notify the applicant whether the use of Town Highways will result in
Concentrated Traffic.
(i) No Person shall use, park, operate, transport or move on, across, or over any
Town Highway any Heavy Industry Vehicle, or a combination of Heavy Industry
Vehicles, the weights or dimensions of which exceed the limitations provided in
Vehicle and Traffic Law § 385, except in compliance with the requirements of this
local law.
(ii) If the proposed use of Town Highways will not, and does not, result in
Concentrated Traffic, the remaining provisions of this local law shall not be
applicable to such applicant.
(iii) If the proposed use of Town Highways will result in Concentrated Traffic, the
applicant must either: (a) modify the intended haul route and certify to the Town that
no traffic generated by the applicant will travel over or upon a Town Highway so that
such traffic will not constitute Concentrated Traffic; or (b) comply with the
provisions of Section 6 and the other requirements of this local law.
Section 6: Requirements for Concentrated Traffic.
If the Town Highway Superintendent determines that traffic generated by an applicant will
result in Concentrated Traffic, the applicant shall be required to comply with the following
provisions of this local law:
A. The applicant shall be required to set forth a haul route declaration as set forth
in the Program Manual, and may be required to utilize any designated heavy haul
route identified by the Town of Newfield, the County of Tompkins, or the State of
New York.
B. The Town Engineer shall examine each segment of the proposed haul route in
order to:
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(i) Evaluate the Town Highways on the proposed haul route for design,
geometric, or health and safety deficiencies, as those and other deficiencies
are defined more fully by the Program Manual;and
(ii) Estimate the costs and procedures necessary to upgrade such Town
Highways on the proposed haul route if the Town Engineer determines that
the Town Highways on the proposed haul route must be upgraded to
accommodate the applicant's Concentrated Traffic; and
(iii) If available, propose an alternate haul route if required due to design
deficiencies, to avoid any hazard or unnecessary impacts to residents of the
Town and others using Town Highways, or, if desired by the applicant, to
minimize estimated upgrade or repair costs to the haul route.
C. The Town Engineer shall design or approve,in conjunction with the Town
Highway Superintendent, all structural, geometric, and roadbed and road
surface upgrades to Town Highways necessary to accommodate the
applicant's Concentrated Traffic, which upgrades shall be made at the
applicant's expense in accordance with the provisions of this local law.
D. The Town Engineer shall conduct all pre-use testing and threshold evaluations
of each segment of a haul route that is a Town Highway in accordance with
the methods set forth in the Program Manual and the Technical Manual.
E. If no upgrades have been required and/or made to the Town Highways on the
proposed haul route and the Town Engineer determines that the applicant's
Concentrated Traffic is expected to cause damage to Town Highways, the
Town Engineer shall provide the Town Highway Superintendent and the
applicant with an estimate of the cost to repair such projected damage.Prior to
the use of any haul route segment on Town Highways, the applicant shall
agree to make all such repairs at the applicant's expense in accordance with
the provisions of this local law, including by the posting or payment of one or
more forms of appropriate security as required in or by this local law. If any
haul route segment is on unpaved Town Highways, or any highway that, due
to seasonal weaknesses or any deficiency in strength or design, is likely to
suffer short-term damages that may impair safe travel and usage of such Town
Highway, then the Town Highway Superintendent may require, upon the
recommendation of the Town Engineer, that such Town Highway (s) be
subject to weekly monitoring, and that any damage be repaired within 5 days
at the applicant's expense in accordance with the provisions of this local law.
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F. The Town Engineer shall conduct all post-use testing and damage
assessment(s) of each segment of a haul route that is a Town Highway in
accordance with the methods set forth in the Program Manual and the
Technical Manual. The Town Engineer shall provide an estimate of the cost of
repairing any actual damage to Town Highways caused by the applicant's
Concentrated Traffic.Upon receiving the estimate,the applicant shall make all
such repairs at the applicant's expense in accordance with the provisions of
this local law, and upon the satisfactory completion of the repairs, and the
approval of such repairs by the Town Highway Superintendent, any unused
security shall be returned to the applicant or otherwise released as herein
required.
G. Any security for performance and/or payment required under this local law
shall be in an amount set by the Town Board upon the recommendation of the
Town Engineer. Any such security shall be provided pursuant to a written
security agreement with the Town, approved by the Town Board and also
approved by the Town Attorney as to form, sufficiency, and manner of
execution. At the Town Board's discretion,the security may be in the form of:
(i) a performance or payment bond, as applicable; (ii) the deposit of funds
with the Town; (iii)an irrevocable letter of credit from a bank authorized to do
business in New York State; or (iv) another form of financial guarantee
acceptable to the Town Board. No bond, however, shall be acceptable if, as
part of the bond application, underwriting, or issuance process, the bond
issuing Person requires or obtains any duty of defense or indemnity from the
applicant, or the applicant's agents or contractors, for any defense, costs of
defense,or for any payments claimed or required under such bond.
H. An applicant shall be permitted to undertake upgrade or repair work only if the
Town Highway Superintendent determines that the applicant,or a contractor
hired by the applicant, has the capability and experience to make the necessary
repairs or upgrades. All work shall be performed pursuant to one or more
permits issued under the Excavation Law and an agreement in writing between
the applicant and the Town, which shall require, among other things,the
applicant or its contractor to: (i) complete the work in a timely fashion; (ii)
post security in accordance with the requirements of this local law;(iii)
indemnify the Town against all liability stemming from the applicant's work
or any breach of,or non-compliance with,the requirements of this local law;
and(iv)provide the Town with satisfactory evidence of insurance as
determined by the Town Highway Superintendent, including liability
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insurance naming the Town as an additional insured.All repairs,restorations,
and/or upgrades to Town Highways shall be made in accordance with the
specifications established by the Town Highway Superintendent and must be
approved by the Town Highway Superintendent(together with the approval of
the Town Board,if herein also required). In addition,the applicant shall
comply with all applicable laws and regulations,including,without limitation,
the prevailing wage requirements of the New York Labor Law. The applicant
or its contractor shall obtain all governmental permits and approvals and
obtain any private land rights that are necessary to make any required repairs,
restorations,or upgrades to Town Highways. If the applicant does not wish to
make such repairs or upgrades to Town Highways,or if it is determined by the
Town Highway Superintendent that the applicant (or its contractor(s))does
not to have the necessary capability to timely make such repairs or upgrades,
then the applicant shall agree in writing to pay the Town for the cost of such
repairs or upgrades to Town Highways and post security in accordance with
the requirements of this local law.
The applicant shall pay the Town for all of the Town's reasonable Costs and
Expenses in implementing the requirements of this local law, including, without
limitation, the fees of the Town Engineer in conducting all activities required
hereunder and under the Program Manual and Technical Manual. The Town may
in some cases provide the applicant with an estimate of such costs and expenses,
and the Town Board may require the applicant to place funds in escrow to cover
such costs and expenses before the Town incurs any such Costs and Expenses.
a. The applicant shall defend, indemnify, and hold the Town harmless from
all losses resulting from injury or death of persons or damage to property
arising from the applicant's upgrades and repairs to Town Highways.
b. In order to comply with the requirements of this Section 6, an applicant
shall have the option of entering into a Road Use Agreement with the
Town; which agreement may impose terms beyond those imposed by this
local law, including, but not limited to, additional or different insurance
requirements, maintenance requirements, bond, escrow, or security
requirements, seasonal restrictions, the designation of truck traffic routes,
traffic schedules, and the imposition of inspection and reporting schedules
and road surveys.The applicant may ask to modify such form or propose a
different form of Road Use Agreement, and the Town may also modify
such form, but any such agreement must be in a form approved by the
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Town Board and also approved by the Town Attorney as to form,
sufficiency, and manner of execution.
Section 7: Updates to the Program Manual and the Technical Manual.
From time to time, updates and amendments to, and replacements of, the Program Manual
and the Technical Manual may be published. Each such update, amendment, or replacement
shall be made applicable to this local law, and binding upon all Persons subject to this local
law,upon adoption of the same by the Town Board by resolution.
Section 8: Special and General Standards and Conditions.
i. No approval issued under this local law, nor any permit issued
under the Town's Excavation Law, nor any rights, duties or
obligations imposed under or pursuant to any Road Use
Agreement, may be assigned, conveyed, pledged or transferred
without the express prior written consent of the Town Highway
Superintendent, which consent my be withheld for any or no
reason,without recourse.
ii. After issuance of all necessary approvals, and any required permits
from any governmental department or authority, an applicant shall
give the Town Highway Superintendent one week's advance
written notice of the date that applicant, or any Person acting in
concert with the applicant, intends to or does begin any activity
that will or does cause any Concentrated Traffic. Applicant and
each such Person shall also give prompt written notice of the
completion or cessation of any activities that constitute
Concentrated Traffic or that otherwise were subject to this local
law.
iii. No consent, permit, or other agreement, including, but not limited
to, any Road Use Agreement, shall be deemed or construed as an
authorization to allow any Person to exceed the maximum gross
weight limit authorized for crossing any bridge or culvert,
including,but not limited to, any R-posted bridge, culvert, or other
structure or conveyance.
iv. No Road Use Agreement, permit, or other approval or
authorization issued under or in connection with this local law or
the Excavation Law shall be deemed as permission or as an
authorization, express or implied, to damage any Town Highway
or any other public or private real or personal property.
v. Every permit, agreement, or other approval shall require that Town
Highways be kept passable at all times for all motor'vehicles,
including public safety vehicles. If any Concentrated Traffic
causes damage to any Town Highway such that, in the opinion of
the Town Highway Superintendent, such Town Highway is
impassable or unsafe for use by the general or travelling public,
then and in any such event, and regardless of any permit, approval,
authorization, or agreement issued or to the contrary, the Town
Highway Superintendent may close such Town Highway and/or
require that the same be immediately repaired by the applicant or
other Person whose use or abuse thereof caused or contributed to
the damages or events as gave rise, wholly or partially, to such
Town Highway Superintendent's determination as to closure,
damage, safety,or need for repair.
vi. To the extent any repair, improvement, construction or other
activities undertaken in relation to this local law, the Excavation
Law, or any road Use Agreement, or otherwise, may affect traffic
or require signage or the installation or maintenance of any safety
devices or lighting, the Uniform Traffic Control Manual and rules
and regulations of the NYS Department of Transportation shall
presumptively govern and control the safe and efficient flows of
traffic and uses of any Town Highway.
vii. Every applicant or other Person subject to this local law shall
provide adequate proof that such applicant or Person has
provided written notice to each other municipality that borders
the Town, to Tompkins County, and to all municipalities
within Tompkins County, including all towns, villages, cities,
and counties, of the pending or then occurring Construction
Activity and all data concerning Concentrated Traffic that
may or will arise from and in connection with the use of the
Town Highways or such other municipality's roads. Where
applicable, and, at the sole option of the Town prior to the
approval of any Road Use Agreement or any final review
under Section 6 of this local law, the applicant (or other
Person) shall demonstrate to the reasonable satisfaction of the
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Town Highway Superintendent that appropriate road use
agreements or compliance with any road use regulations had
been obtained or achieved in relation to such other
municipalities, or that, as applicable, such neighboring
municipalities have duly issued any required roadway permits.
viii. The Town Board may impose other conditions where reasonable,
including,but not limited to,the documentation of road conditions,
seasonal restrictions, and the imposition of conditions deemed
reasonably necessary for the safe use of Town Highways by any
Person.
In the event any applicant or Person makes any upgrades or
improvements to any Town Highway, the Town reserves the right
to require such improvements to be removed and the Town
Highway to be restored to its original dimensions and
specifications in a manner satisfactory to the Highway
Superintendent, including, to the extent feasible, that such repairs
or restoration must match the original Town Highway in type,
color, structure, materials, grade, and texture, in compliance with
Local Law #2 — 201 Excavation and Construction in Municipal
Roadways and Rights-of-Way the and the then current
specifications for Town
Highways of the type in question. All expenses of removal and restoration shall be
paid by the applicant, or such other Person as had so improved any Town Highway,
and a bond or escrow payment may be required for the same. Any such de-
construction and re-construction work shall require a permit issued pursuant to the
Town's Excavation Law, and no such work shall be deemed completed until a final
written approval is issued by the Town Highway Superintendent.
ix. Any improvements, repairs, upgrades, and other changes to any
Town Highway also require the approval of the Town Board where
there is any variation or deviation from any existing Town
roadway construction standards or specifications. Any proposed
dedication of any land, structures, or improvements shall require
the approval of the Town Board.
x. No right, remedy, or other obligation or remedy imposed or
obtainable by or under this local law, or any Road Use Agreement,
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shall preclude any other legal or equitable right the Town may now
or hereafter have or possess relative to the subject matter of this
local law, including, but not limited to, the rights to separately
enforce rules and rights pertaining to Town Highways, to utilize
the provisions of Vehicle and Traffic Law § 1660, or to enforce the
provision of the NYS Highway Law.
Section 9: Special Rules & Conditions for Bonds &Escrowed Funds.
A. Whenever Concentrated Traffic exists or is found likely to exist, escrow funds
may be required as a part of the application process, and if so, the Town shall
maintain a separate escrow account for such funds.
B. If, at any time, the Town Highway Superintendent determines that funds are
needed to reimburse the Town for any Costs and Expenses, or for any emergency,
immediate, or planned maintenance, repair, or restoration to or of any Town
Highway, whether by the Town, its employees, or its agents and/or contractors, the
Town may: (i) require an additional deposit of escrowed funds in an amount
reasonably determined, with such amount being in addition to any other bond,
posting, or undertaking required by this local law; and/or (ii) withdraw funds from
any existing bond or other escrow account to so reimburse the Town or to fund any
such maintenance,repair,or restoration project.
C. The Town is authorized to withdraw funds from said escrow account, without
prior notice to any applicant, permittee, or Person, in order to remburse the Town for
any Costs and Expenses incurred. However, immediately following any such
withdrawal, the Town shall provide the Person who posted such funds with a written
notice of the amounts withdrawn and the basis for such withdrawal. If, at any time
while the Construction Activity or Concentrated Traffic continues, the escrow
account has a balance below $5,000.00, or such other amount as may be hereafter
determined for such applicant under or pursuant to this local law (and/or the Project
Manual or Technical Manual) or by resolution of the Town Board, then the applicant
or permittee shall immediately replenish such account by the amount of any
withdrawals therefrom, and such payments and deposits shall be promptly made and
completed upon notification from the Town,time being of the essence.
D. In the event that there is any balance remaining in the escrow account as of
the date of completion or abandonment of the Construction Activity giving rise to
such account, or the cessation of all Concentrated Traffic events, and upon the Town
Highway Superintendent's determination that there was no Town Highway damage,
or upon the Town Highway Superintendent's determination that adequate inspections,
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restorations, and repairs have been duly completed, the Town Highway
Superintendent shall certify to the Town Board in writing that the escrow account is
no longer necessary and the Town Board shall thereafter return the remaining balance
in escrow according to the written instructions of the depositor of such funds.
E. If a bond (or letter of credit, or other security or undertaking, hereinafter all
together a "bond") has been delivered or posted by any Person, and there has been
completion or an abandonment of the Construction Activity giving rise to such
account, or all Concentrated Traffic events have ceased, then, upon the Town
Highway Superintendent's determination that there was no Town Highway damage,
or upon the Town Highway Superintendent's determination that adequate inspections,
restorations, and repairs have been duly completed, such Person shall apply to the
Highway Superintendent for a Preliminary Bond Release. Upon inspection of the
worksite(s) and the applicable Town Highways, and upon the Town Highway
Superintendent's satisfaction that there are no damages (or that any damages have
been suitably repaired and/or such Town Highways suitably restored), the Town
Highway Superintendent shall recommend the release of the bond. In the event the
Town Highway Superintendent does not recommend the release of the bond, the
Town Highway Superintendent will document the specific tasks that must be
accomplished in order for the bond to be released. After completion of such tasks, the
Person seeking the release of the bond may re-apply for a preliminary bond release
and the above steps shall again be followed. Any final bond release must be approved
by the Town Board, but the Town Board may not release any bond without the
approved preliminary bond release from the Town Highway Superintendent.No bond
may be partially released.
Section 10: Application Fees.
The Town Board may by resolution establish, and may by resolution periodically update and
amend, a schedule of fees relating to applications, approvals, inspections, and proceedings
arising under or in relation to this local law.
Section 11: Waivers.
1. The Town Board may by resolution except an applicant
from any one or more of the requirements of this local law
by waiver. All requests for a waiver from any requirements
set forth in this local law shall be made to the Town Board
in writing and shall contain the grounds on which the
applicant relies for requesting the waiver, including all
allegations of any facts on which the applicant will rely.
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Where the Town Board finds that a waiver of certain
requirements is justified then a waiver may be granted,
provided, however, that no waiver shall be granted unless
the following conditions are met:
(i) The Town Board finds and records in its Minutes that the Town
Highways to be used by the applicant will be adequately protected, and any
damage to Town Highways will be adequately repaired, by virtue of the
requirements or conditions imposed upon the applicant in connection with any
Federal, State, or local permit or approval, including, without limitation,
mitigation measures imposed under the National Environmental Policy Act or
the State Environmental Quality Review Act; and
(ii) The Town Board finds and records in its minutes that: (i) granting the
waiver would be keeping the intent and spirit of this local law and is in the
best interests of the community, (ii) there are special circumstances involved
in the particular case; (iii) denying the waiver would result in undue hardship
to the applicant, provided that such hardship has not been self-imposed; and
(iv) the waiver is the minimum degree of variation from the requirements of
this local law necessary to accomplish the relief found appropriate in
connection with such waiver application.
2. The Town may condition the granting of any waiver upon
any one or more reasonable conditions or requirements.
Section 12: SEQRA.
A. In implementing and enforcing this local law, and in relation to any approval
of any Road Use Agreement, or the issuance of any permit under Vehicle and Traffic
Law § 1660 or the Excavation Law, the Town shall at all times comply with
applicable provisions of the Environmental Conservation Law of the State of New
York, applicable provisions of the state environmental quality review regulations (6
NYCRR Part 617) (hereinafter, and together, "SEQRA"), and any statutory or
regulatory requirements of the National Environmental Policy Act.
B. When required by the Town, an Environmental Assessment Form ("EAF")
shall be completed and submitted with any application, approval, process, or
procedure under this local law or the Excavation Law.
Section 13: Enforcement and Penalties for Offenses.
A. In addition to any other right or remedy allowed by law or in equity,the Town
Board may maintain actions or proceedings in the name of the Town in a court of
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competent jurisdiction to compel compliance with or restrain by injunction the
violation of this local law. Any Construction Activity, events of Concentrated Traffic,
or other activity or use of Town Highways that are commenced or conducted contrary
to, in violation of, or in noncompliance with this local law may be restrained by
injunction,or otherwise abated in any manner provided by law. In the event the Town
seeks any equitable relief in the form of an temporary restraining order, a preliminary
injunction, an injunction, or any similar order, whether to compel or prohibit, and
regardless of whether in law or equity, or both, the Town shall have no obligation to
prove any lack of an adequate remedy at law and shall not be required to post any
bond or undertaking in relation to such relief.
B. All provisions of New York law generally applicable to misdemeanors shall
apply to any criminal proceeding brought under this sub-section, and each and any
violation of this local law be deemed and classified as an unclassified misdemeanor.
The following civil and criminal fines and penalties shall apply to any violation of
this local law:
a. First Violation: Any Person that violates any of the
provisions of this local law shall be (1) guilty of an
unclassified misdemeanor and subject to a fine of
not more than $5,000.00, or (2) subject to a civil
penalty of not more than $5,000.00 to be recovered
by the Town in a civil action. Every such Person
shall be deemed guilty of a separate offense for
each week that such violation, disobedience,
omission, neglect or refusal shall continue.
Similarly, a separate civil penalty shall apply and/or
be assessable for each week that such violation,
disobedience, omission, neglect or refusal shall
continue.
b. Second Violation: Any violation that is found to
have occurred within 2 years of any prior civil or
criminal determination of any other violation of this
Local law shall be deemed a second violation. Any
Person that commits or permits any second
violation shall be (1) guilty of an unclassified
misdemeanor and subject to a fine of not more than
$10,000.00, nor less than $5,000.00, or (2) subject
to a civil penalty of not more than $10,000.00, nor
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less than $5,000.00, to be recovered by the Town in
a civil action. Every such Person shall be deemed
guilty of a separate unclassified misdemeanor for
each week that such violation, disobedience,
omission, neglect, or refusal shall continue.
Similarly, a separate civil penalty shall apply and/or
be assessable for each week that such violation,
disobedience, omission, neglect, or refusal shall
continue.
c. Third and Subsequent Violations: Any violation that
is found to have occurred within 2 years of any
prior civil or criminal determination of any second
violation of this local law shall be deemed a third or
subsequent violation, as applicable. Any Person
who commits or permits a third or subsequent
violation shall be (1) guilty of an unclassified
misdemeanor and subject to a fine not more than
$25,000.00, nor less than $10,000.00, and/or a
period of incarceration not to exceed 120 days, or
both, or (2) subject to a civil penalty of not more
than $25,000.00, nor less than $10,000.00, to be
recovered by the Town in a civil action. Every such
Person shall be deemed guilty of a separate
unclassified misdemeanor for each week that such
violation, disobedience, omission, neglect or refusal
shall continue. Similarly, a separate civil penalty
shall apply and/or be assessable for each week that
such violation, disobedience, omission, neglect, or
refusal shall continue.
C. The Town Highway Superintendent, the Town CEO, and any New York State
peace or police officers are hereby authorized to issue and serve appearance tickets
with respect to any violation of this local law.
D. In addition to the penalties prescribed herein,if any use of Town Highways is
made or threatened in violation of the New York Highway Law, the New York
Vehicle and Traffic Law, or in violation of this local law, then the Town may seek
each and any other remedies available in law, equity, or admiralty. The remedies
provided for in and by this local law are cumulative and non-exclusive,and the listing
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of any particular remedy shall not be deemed or construed to limit the remedies of the
Town to only those remedies or methodologies so listed.
E. In addition to any penalties or other remedies provided for or allowed herein,
the Town Highway Superintendent and Town CEO shall each have the right and
authority to issue stop work orders to those operating in violation of the terms and
requirements of this local law,the terms and conditions of any Road Use Agreement,
or the terms and conditions of any approval or permit issued pursuant to the Town's
Excavation Law. Upon any such act(s) (or failures to act) as constitute such non-
compliance with, or a violation of, this local law, such Road Use Agreement, or any
approval or permit issued under this local law or the Excavation Law, the Town may
suspend any approval or permit issued by the Town for no more than an initial period
of 30 days. Within such 30day period the Town shall hold a public hearing at which
the permittee (or other Person in violation) shall have the right to appear and be
heard. After such hearing, the Town Highway Superintendent may reinstate such
approval or permit, extend any approval or permit suspension until such violations or
non-compliance cease, or revoke any such approval or permit, or any waiver
previously granted under this local law. The Town
Highway Superintendent shall deliver a written notice of such determination to such
Person or permittee within 10 days of the close of such public hearing.
F. Should the Town be required to commence any proceedings to enforce this
local law, the Excavation Law, or any Road Use Agreement, and any Person or
applicant be deemed or held to have been in violation of or in non-compliance with
this local law, the Excavation Law, or such Road Use Agreement, then such Person
shall, in addition to any other obligation imposed, be required to reimburse the Town
for the costs of enforcement, including, but not limited to, reasonable attorneys' and
experts' fees, each and all in an amount as determined or declared by the court or
tribunal of competent jurisdiction hearing any such matter.
G. Should the Town's right to collect against any bond or other undertaking be
contested where the Town prevails and where it is determined by the court or other
tribunal of competent jurisdiction that there was no good faith factual basis for such
contest or that the insurer, underwriter, or other Person issuing such bond or other
undertaking had an underlying indemnity agreement with the applicant or other
Person in violation or non-compliance with this local law, then the said court or
tribunal shall award the Town an amount sufficient to reimburse the Town for its
costs and expenses of the proceeding, including its reasonable attorneys' and experts'
fees.
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capitalized and deemed defined words and phrases, unless the context thereof admits or
requires otherwise.
Section 20: Reservation of Rights as to New York Oil & Gas Fund.
The Town hereby retains and reserves all rights it has now or may hereafter have or possess
pursuant to the provisions of subdivision 3 of Section 23-0303 of the Environmental
Conservation Law (as now exists or as hereafter amended or re-codified), to request funds
(by filing a request therefore with the New York State Commissioner of Environmental
Conservation) from the oil and gas ftn d to reimburse the Town for costs incurred in
repairing damages to any Town Highway, No collecction or other action or provision of 0
local law shall be construed as prohibiting any application by the Town for reimbwsement
from such fund, and no Tight of collection, enforcement, or indemnity contained in this local
law shall be deemed waived,unenforceable,or inapplicable by virtue of the existence of such
fund or any application thereto.
Section 21: f f ecUive Date.
This local law shall c effect upon January 1,2014.
ROAD PRESERVATION LAW/
ROAD USE PERMIT STRUCTURE
Is Building Permit for any housing over 2 units
OR
Any Commercial Application that will require use of
town roads
NO YES
Proceed with Code Enforcement Officer and Highway Superintendent meet to determine if project will increase traffic use during construction
Building Permit and after construction, above the current design of the road.
NO YES
Proceed to The applicant pays Road Use Permit Fee of$400.00. The fee is used to pay the Town Engineer for up to 2 hours plus
Building Permit expenses,to make a determination as to whether the proposed project is compatible with the Town's road design and
whether the proposed construction and use will damage the road beyond the current wear rate. The fee is put into escrow
and the balance is refunded to applicant.
NO Damage Seen YES foreseeable damage
Proceed to The Applicant will be required to hire their own engineer to design a plan to upgrade the Town's roads to meet the increase
Building Permit use and/or load from proposed construction.
Once Engineer's report is finished Applicant will hand in report and fee of$4,000.00 to Town.The Town's Engineer will review
report and make a determination if report properly addresses the Road Preservation Law and Delta Road protection program.
Fee to Town will be put in escrow and distributed back to applicant after Engineer's fees have been deducted.
Town will solicit bids to perform upgrades to roads to handle the traffic from applicants proposed construction based on Town's
Engineer Report.
Once bids are received, applicant will have the option to Bond Road Repairs to cover cost of Road repairs to meet the Engineer's
requirements.
If applicant agrees the If applicant wishes not to perform upgrade per engineer then no Permit will be issued.
PP 9 I PP P P9 P 9
Building Permit is issued