HomeMy WebLinkAboutLL 04 of 2013 Road Preservation TOWN OF ITHACA
LOCAL LAW NO. 4 OF THE YEAR 2013
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 230
ENTITLED "STREETS AND SIDEWALKS", TO ADD AN ARTICLE RELATED
TO ROAD PRESERVATION.
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 230 of the Town of Ithaca Code, entitled "Streets and
Sidewalks," is amended by adding a new Article IV as follows:
"Article IV. Road Preservation
Section 230-11. Findings and Purpose.
The Town of Ithaca Town Board has determined that potential major development
projects may result in extraordinary, high-intensity traffic to and from development sites,
causing significant and measurable damage to Town roads that jeopardizes the health and
safety of residents and others who use those roads. Accordingly, the damage that results
from high-intensity traffic must be anticipated, analyzed, and repaired promptly and to
appropriate engineering standards. The Town Board has further determined that it is in
the best interest of taxpayers and the general public to assign responsibility for the repair
of damage to Town roads attributable to such high-intensity use, and, where necessary,
for the improvement of Town roads to a standard appropriate for high-intensity use prior
to the commencement of the activity, to those responsible for the damage rather than to
all Town taxpayers. The purpose of this article is to maintain the safety and general
welfare of Town residents by regulating heavy uses of Town roads that have the potential
to adversely affect such roads. Well-maintained roads are important to the safety and
economic well-being of the Town and its residents.
Section 230-12. Authority.
The Town is authorized to adopt this article by § 1660 of the New York State Vehicle
and Traffic Law, New York State Municipal Home Rule Law § 10, and New York State
Town Law § 130.
Section 230-13. Definitions.
BOND
A commercial bond to ensure that the condition of the Town roads is not adversely
impacted by high-frequency, high-impact truck traffic. The Town Board may accept an
equivalent financial guarantee in lieu of bond.
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BOND RELEASE
A bond release given by the Town Highway Superintendent based on satisfactory road
conditions at completion of the high-frequency, high-impact truck traffic project.
HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC
Traffic to and from a temporary project site that generates more than 500 truck trips. For
purposes of this article, a truck trip is a trip to or from the temporary project site
involving a truck with a gross weight of Thirty or more tons (truck and load
combined). A single truck makes two truck trips if it meets the weight limit traveling to
the temporary project site and meets the weight limit traveling from the temporary project
site.
HIGHWAY SUPERINTENDENT
The Superintendent of Highways of the Town of Ithaca, or his or her designee.
PERMITTEE
The permittee is the person responsible under this article to obtain a permit regardless of
whether the person in fact obtains a permit. The permittee is the person responsible for
the project generating the truck traffic. In any instance in which another permit is
required, such as a building, drilling, or mining permit, any person who obtained any
such permit or was required to obtain such other permit shall be deemed the permittee for
purposes of this article. In the event no other permit is required, the owner of any
property on which the activity is taking place shall be deemed the permittee for purposes
of this article.
PERSON
Any individual, public or private corporation, political subdivision, government agency,
municipality, industry, partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
TEMPORARY PROJECT
Any non-permanent activity that generates high-frequency, high-impact truck traffic on
Town roads whether or not the project itself is located in the Town.
This term includes, but is not limited to, land disturbance preparatory to and during site
development, construction activities, mining, and oil and natural gas exploration and
drilling activities. With regard to projects that require another permit, such as a building,
drilling, or mining permit, all activities covered by that other permit are considered part
of the temporary project for purposes of this article.
Farm operations and the movement of farm products, as defined by New York State
Agriculture and Markets Law §301 and §2, respectively, are excluded. Also excluded are
vehicles necessary to the functions of government, including but not limited to school
buses, law enforcement vehicles, fire-fighting vehicles, military vehicles, and municipal
vehicles engaging in road work on behalf of municipalities.
Adopted May 13, 2013 2
TOWN HIGHWAY or TOWN ROAD
Roads shown as Town of Ithaca roads on the Town of Ithaca's Official Map, as it may be
updated from time to time. This term includes the improved and unimproved lanes of
travel of any Town road, 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 thereunder, regardless of whether such road is a
highway by use, by implication, or by dedication. Further, as to any dedicated Town
road, the whole of the Town's title in fee and any improvements in, on or under the
dedicated property, including trees, plants, and all lateral and subjacent rights in support,
shall be deemed a part of the Town road.
Section 230-14. General Provisions.
A. Pursuant to New York Vehicle and Traffic Law § 1603(e), the Town Board delegates
to the Highway Superintendent the following powers granted to town boards under New
York Vehicle and Traffic Law §1660(a)(11): temporary exclusion from any portion of
any town highway any vehicle with a gross weight of over four or more tons, when in his
or her opinion such road would be materially injured by the operation of any such vehicle
thereon; the erection of signs on the section of highway from which such vehicles are
excluded, and the issuance of permits providing appropriate exemptions to such vehicles,
if it is deemed that such vehicles are providing essential local pickup or delivery service
and that a failure to grant such permit would create hardship.
B. The Highway Superintendent may make a determination that a temporary project may
generate high-frequency, high-impact truck traffic that will materially injure a Town
highway and that such traffic should be temporarily excluded from the portions of Town
highways that would be so injured. In making a determination whether such traffic will
materially injure a Town highway, the Highway Superintendent shall consider, among
other things, the condition of the highway, the amount of high-frequency, high-impact
truck traffic the project is expected to generate, trip frequencies, vehicle and load
weights, and the latest design standards of the American Association of State Highway
and Transportation Officials.
C. Upon a determination by the Highway Superintendent that a temporary project may
generate high-frequency, high-impact truck traffic that will materially injure a Town
highway, the Highway Superintendent shall erect signs on the appropriate sections of
such Town highways setting forth a notice that such vehicles are excluded, and the notice
shall also be published in the official newspaper of the Town.
D. Any permittee may apply to the Highway Superintendent for a permit providing for
an appropriate exemption for the vehicles serving the temporary project. Such permit
shall be granted, upon appropriate terms and conditions, if the Highway Superintendent
determines that the vehicles are performing essential local pickup or delivery service and
that a failure to grant such permit would create hardship.
Adopted May 13, 2013 3
E. Any such permit shall designate the route(s) to be traversed and contain other
reasonable restrictions or conditions deemed necessary by the Highway Superintendent.
The conditions may include, but not be limited to, requiring the permittee to make road
improvements to ensure that the roads have the strength and capacity to handle the
anticipated traffic. The permit shall be carried on all vehicles serving the project and shall
be open to inspection by any peace officer acting pursuant to his special duties, or police
officer. Such permit shall be for the duration of the temporary project.
F. In order to obtain a permit the permittee must submit a permit application to the
Highway Department, which shall include all information required by the Highway
Superintendent including but not limited to: vehicle identification and owners/operators;
vehicle weights; load weights; materials carried; routes to be followed from State, County
and Town highways to the site; duration of activity (beginning date and end date),
frequency of trips and times of operation. The applicant shall pay a permit fee to be
established by the Town Board according to its Fee Schedule as amended from time to
time.
G. The Highway Superintendent may require the permittee to submit documentation
(including, but not limited to, photographs and videos) and inspection reports prepared by
a licensed professional engineer regarding the condition of the roads, shoulders, and all
structures (culverts, bridges, etc,) that will be traversed by the permitted traffic as a
condition of the permit.
H. In addition to the restrictions on routes and other reasonable restrictions, the Highway
Superintendent will decide if the scope of work is such that a Bond is required, and the
amount and terms of any such bond. The determination of the need for and amount of any
bond shall be based on a determination of potential damage to Town roads based on the
truck routes, weight of the vehicles, frequency of travel, seasonal conditions and the type-
category (classification) of the roads on the approved routes.
L A permittee aggrieved by a determination of the Highway Superintendent regarding
the need for or conditions of a permit may, within ten (10) days of receipt of the
determination, appeal to the Town Board. No action inconsistent with the determination
of the Highway Superintendent shall take place pending the determination of the Town
Board. The permittee shall make its appeal by delivering to the Town Clerk at the Town
offices an appeal requesting a reconsideration and administrative hearing before the
Town Board. Such appeal shall state the basis for the request for reconsideration and
shall be accompanied by any supporting materials. Failure to serve such an appeal within
10 days shall be deemed a waiver of any claim or defense that the determination is not
appropriate and valid. If the appeal is timely filed, the Town Board shall, within 40 days
of the filing, hold a hearing and, based upon any relevant materials presented by the
Town and the appellant, shall issue a resolution deciding the appeal within 30 days after
the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for
delivery of a copy of the decision to the appellant within 5 days after such filing, at the
address for such person designated in the appeal or at such other address as the appellant
may thereafter designate in writing to the Town Clerk. The Town Board's decision after
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the hearing shall constitute a final agency action.
J. The permittee shall be responsible for assuring that the high-frequency, high-impact
truck traffic does not prevent any impacted Town road from remaining in a safe and
useable condition for all legal uses of the road throughout the duration of the project. If
the permittee fails to meet this obligation, the Town may utilize bond funds to assure
impacted Town roads remain in a safe and useable condition for all legal uses of the road
throughout the duration of the project.
K. Upon completion of the high-frequency, high-impact truck traffic project, the
permittee will apply to the Highway Superintendent for a Bond Release. Upon inspection
of the traveled roads, as necessary, the Highway Superintendent may approve the release
of the Bond. If the release is not approved, the Highway Superintendent will specifically
document the tasks that must be accomplished in order for the Bond to be released, which
may include, but not be limited to, the payment of money for the repair to damaged roads
based upon then current roadway construction costs. The permittee must remedy all of
the specified problems before the bond may be released. If the permittee fails to remedy
all of the specified problems, the Town may utilize the bond funds to do so. The
Highway Superintendent shall use the latest design standards of the American
Association of State Highway and Transportation Officials to determine what repairs
need to be completed on the traveled roads to remediate any road deterioration
attributable to the permittee's high-frequency, high-impact truck traffic.
L. If the permittee does not comply with this article and all the terms and conditions of
the permit and operate within the parameters specified on the permit, the permit may be
revoked at the discretion of the Highway Superintendent. In the event that high-
frequency, high-impact truck traffic uses any Town roads without the required valid
permit, the Highway Superintendent, any law enforcement officer or code enforcement
officer, has the authority to deny access to the roads and, in cases where a Town permit
was required, to shut down the project. This relief is in addition to any and all damages
and penalties.
M. The permittee will be responsible for the repair of any damages that occur to any
Town road when a project proceeds with or without a proper permit, as well as for all
fines and penalties specified in this article.
N. In lieu of obtaining a permit any person who may be responsible to obtain a permit
may enter into a Road Use Agreement with the Town, although the Town has no
obligation to enter into such an agreement. In such case the requirements shall be
governed by the agreement, rather than by permit conditions. The terms of the Road Use
Agreement shall be negotiated between the permittee and the Highway Superintendent,
shall address issues relating to insurance, bonds, routes, schedules, inspections, road
surveys, indemnification and road repairs, as well as such other issues as the Highway
Superintendent may identify, and must be approved by the Town Board before it
becomes effective.
Adopted May 13, 2013 5
Section 230-15. Penalties for Offenses.
A. Any person who violates this article shall be guilty of a violation and subject to a fine
of not more than $500 and/or imprisonment for not more than fifteen (15) days. Each and
every act committed that is prohibited by this article shall constitute a separate violation.
Each time a vehicle travels on a Town Road without a permit as required by this article
shall constitute a separate violation. Any police officer, peace officer, Town Code
Enforcement Officer, the Highway Superintendent, or any other person who may be
lawfully designated by the Town Board shall have the authority to issue appearance
tickets in connection with such violations. Violations may be prosecuted by the Attorney
for the Town or any other person with authority to prosecute violations within the Town.
B. In addition, any person who violates this article shall be liable for a civil penalty of
$500 for a first violation and $1,000 for a second or subsequent violation which was
committed within a period of five years from the commission of the prior violation. The
Attorney for the Town or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction to collect these
penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to
compel compliance with this chapter or restrain by injunction any such violation.
C. Upon failure of any permittee to comply with the requirements of this article, the
permit shall be subject to suspension, revocation or to the imposition of additional
conditions."
Section 2. If any provision of this local law is found invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law, which shall remain in full force and effect.
Section 3. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
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