HomeMy WebLinkAbout2014 #1 Road Preservation LawNew York State Department of State
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(Use this form to file a local law with the SecretM of State.)
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italics or underlining to indicate new matter. JJ'F'fJ—
L7County [:]City Fx�Town FW!llage o%-r ok 011 RIECOVIUS
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of Groton 0 Z014
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Local Law No. AM of the year 2014
A local law Road Preservation Local Law of the Town of Groton
(insert Title)
Be it enacted by the Town Board of the
(Name of Legislative Body)
FICounty F-]City ®Town QVllllage
(Select one.)
of Groton as follows:
Purpose
The purpose of this law is to maintain the safety and general welfare of Town residents by regulating commercial
activities that have the potential to adversely affect road right-of-ways. Well maintained roads are important to the
economic well being of the Town. The Town Board of the Town of Groton hereby enacts the following Road
Preservation Local Law pursuant to the provisions of the Municipal Home Rule Law.
Authority of this Law
This Local law is enacted pursuant to Municipal Home Rule Law Section 10 and Vehicle and Traffic Law Section 385
(15) authorizing a town to require the issuance of a permit to operate or move a vehicle or a combination of vehicles,
the weights or dimensions of which exceed the limitations provided in Section 385 on town roads or roadways,
similar to that issued by the State of New York relating to the state system of highways.
Definitions
1. High Frequency, High impact Truck Traffic: Traffic to and from a single project site that generates more than 1000
tons per day for more than four days, involving trucks that exceed 25 tons (truck and load combined) that could
impact Town road right-of-ways. Any seismic testing by vibrasise trucks (aka "thumper trucks") is considered high
frequency, high impact truck traffic.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
Page 1 of 11
DOS-0239-f-! (Rev. 04/14)
2. Bond: A commercial bond to ensure that the condition of the town roads impacted by high frequency,
high impact truck traffic is left in as good or better condition at the completion of the project as they were at the
start of the project.
3. Road Preservation Local Law Worksheet {Attachment A): Worksheet is to be completed by hauling
contractor or project sponsor, summarizing the project, project location, start and completion dates, expected
max gross vehicle weight used for the project, proposed truck routes, and any other items that the Town
Highway Superintendent deems necessary.
4. Primary Bond Release- A bond release given by the Town Highway Superintendent based on
satisfactory road conditions at project completion.
5. Final Bond Release: Final release of the Bond by the Groton Town Board.
6. Person: A person includes a corporation or other lawfully formed business entity.
Damage to Town Roads
No person shall alter or disturb a town road or the area within the town right of way without a permit issued
pursuant to this local law. No person shall operate an oversized or overweight vehicle as defined in Section 385
of the New York State Vehicle and Traffic Law on a town road without a permit issued pursuant to this local law.
Permit Issuing Authority
The Town Highway Superintendent of the Town of Groton is hereby designated as the authority to receive
applications for permits to operate or move a vehicle or a combination of vehicles, the weights or dimensions of
which exceed the limitations provided in Section 385 on town roads or highways. Such permit can only be
issued by a majority vote of the town board to applicants who hold a valid New York State Hauling or Divisible
Load Permit issued pursuant to 17 NYCRR Subpart 154-2. The town board may grant a permit waiver to
applicants deemed necessary.
Application Form, Permit and Application Fee
The Town Highway Superintendent of the Town of Groton is hereby authorized to promulgate application and
permit forms. The application must specify all roads and adjacent driveways that are proposed to be used and
the anticipated damage to the same. Detailed plans and specifications shall be required for any new
construction within a road right of way. An application shall be accompanied by maps of all proposed routes,
and plans for all construction in a right of way, including proposed pipelines. An application shall also include an
environmental assessment form. Permit issuance shall be subject to Article 8 of the New York State
Environmental Conservation Law State Environmental Quality Review {"SEAR"). An application fee is such
amount as determined by the Town Board from the time to time shall be submitted with said application. Said
application shall also include copies of all registration forms for said vehicles, copies of all New York State
Special Hauling Permits for each vehicle, identification as to the title or ownership of each vehicle and, if
leased, copies of the leases to the same, together with certificate of insurances as required herein. Said
application shall not be regarded as complete until additional payment is made to the Town and shall represent
the anticipated expenses to be incurred by the Town for the retention of experts, consultants, and/or attorneys
necessary to adequately review and assist in determining whether to issue said permit and any and all
conditions to be made a part thereof.
The Board may hire any consultant and/or expert necessary to assist the Town Board in reviewing and
evaluating the application.
A. The Town requires an applicant to deposit with the Town funds sufficient to reimburse the Town for all
reasonable costs of consultant and expert evaluation and consultation to the Town Board in connection with
the review of any application. The initial deposit shall be the sum of $10,000.00. However, the Town Board
may, in its discretion, reduce said fee upon good cause shown. These funds shall accompany the filing of an
application, and the Town shall maintain a separate escrow account for all such funds. The Town's
consultants/experts shall, in accordance with an agreement between the Town and its consultants or experts,
Page 2 of 11
3. Automobile Liability Insurance subject to limits of not less than $1,000,000 each occurrence for Bodily
Injury and $100,000 each occurrence for property damage. Such Automobile Liability Insurance shall be for all
of permittee's owned, non -owned, and hired automobiles.
4. All Risk Property Insurance providing replacement cost coverage for any property damage to permittee's
property which is caused by a loss of any kind and description to any property brought into Town of Groton.
Permittee agrees to waive on behalf of itself and its insurance company subrogation against Town of Groton for
any loss or damage which is covered or should be covered by this insurance.
5. All liability policies should be issued on an "occurrence" basis. A CERTIFICATE OF INSURANCE for all
policies required must be issued to Town of Groton and received prior to any work,
6. Town of Groton will be added to permittee's Comprehensive General Liability Insurance Policy by
endorsement as an Additional Insured and evidence of such will be provided in permittees' CERTIFICATE OF
INSURANCE. All policies must also be endorsed as "primary" for purposes of this contract.
7. ALL CERTIFICATES OF INSURANCE will provide for a minimum of 30 days' notice to Town of Groton
prior to cancellation, non -renewal or change in policy terms and/or conditions.
Maintenance Bond
The permittee shall present to the Town a maintenance bond in an amount not exceeding $1,500,000.00 and a
bank letter of credit in the amount not exceeding $500,000.00 as determined by the Town Highway
Superintendent and prior to the issuance of a permit in favor of the Town and guaranteeing compliance with the
provisions of the permit, as well as guaranteeing repair to the roadways as a required by the terms of the
permit. At such time, if ever, that said maintenance bond or letter of credit is terminated or expended until all
times relevant herein, the permittee shall replace the same within five (5) days written notice by the Town and
failure to do so will result in automatic termination of the permit.
Indemnification
The permittee shall fully indemnify, defend, save and hold harmless the Town of Groton and all of its
department heads, boards, officers and employees from and against any and all claims, costs, damages,
expenses, charges, risks, losses, lawsuits, judgments, executions, penalties, fines, assessments or any other
liability of any type arising out of, occurring with, or resulting from any and all activity to be performed by
permittee pursuant to this permit including, but not limited to all attorneys' fee incurred by the Town of Groton
and shall execute an agreement providing for the same prior to the issuance of the permit.
Exempt Vehicles, Equipment and Machinery
There is exempted from the road use permit provisions hereof, and only the road use permit provisions hereof,
all rubber wheeled vehicles, equipment and machinery, whether self-propelled or towed, utilized in the
production of or transportation of "crops, livestock and livestock products", (as defined in Section 301(2) of
Article 25 AA of the State Agricultural and Markets Law), or "agricultural waste, byproducts or manure" that is
being used in a sound agricultural practice as determined by the Commissioner of Agriculture, school buses
and other bus type vehicles. Law enforcement vehicles, firefighting and emergency rescue type vehicles,
ambulances, fuel delivery trucks, military vehicles, equipment and machinery operated by the federal
government or national guard, municipal owned and operated vehicles, machinery and equipment, garbage
and trash pickup trucks excluding however such trucks transporting scrap metal, scrap vehicles or component
parts of scrap vehicles.
Stop Work Orders
The Town Highway Superintendent shall have the right and authority to issue stop work orders to those
operating in violation of the terms of a permit, or contrary to the permittee's application or conditions upon
which a permit was issued pursuant to this local law.
Page 4 of 11
bill or invoice the Town not less frequently than monthly for its services in reviewing the application and
performing its duties. If at any time during the review process this escrow account has a balance that shall not
reasonably cover the cost of the remaining work of the Town's consultants/experts, the Town will require
applicant to immediately replenish said escrow account in an amount set by the Town, but not to exceed
$2,500. Such additional escrow funds must be deposited with the Town before any further action or
consideration is taken on the application. If, at the conclusion of the review process, the cost of such
consultantlexpert services is more than the amount escrowed pursuant hereto, the applicant shall pay the
difference to the Town prior to the issuance of any special permit. In the event that the amount held in escrow
by the Town is more than the amount of the actual billing or invoicing by the Town's consultants or experts, the
difference shall be promptly refunded to the applicant.
B. A request may be made by the applicant to reduce or eliminate the funds needed for the
consultant/expert escrow. After a recommendation by the Attorney for the Town, Engineer for the Town and/or
any other consultant/expert engaged by the Town pursuant to this chapter, the Town Board shall review the
request and make a determination based upon the scope and complexity of the project, the completeness of
the application and other information as may be needed by the Town Board or its consultant/expert to
complete the necessary review and analysis. Additional escrow funds, as required and requested by the
Town, shall be paid by the applicant. The initial amount of the escrow deposit may be established by Town
Board upon receipt of information sufficient to make such a determination.
C. As used in this section, the term "costs and expenses" shall be deemed to include the reasonable fees
charged by engineers, consultants and/or experts hired; reasonable administrative costs and expenses
incurred by the Town in connection with the permitting process and the repair, restoration and preservation of
Town roads and other Town property; and reasonable legal fees, accountants' fees, engineers' fees, costs,
expenses, disbursements, expert witness fees and other sums expended by the Town in pursuing any rights,
remedies or claims to which the Town may be entitled under this chapter or under applicable provisions of law,
as against any permittee, any person who has violated this chapter, any insurance company, any bonding
company, any issuer of a letter of credit, and/or any United States or State of New York agency, board,
department, bureau, commission or official.
D. These funds shall accompany the filing of the application, and the Town shall maintain a separate
escrow account for all such funds.
E. The Town is hereby authorized to withdraw funds from said escrow account (without prior notice to
the permittee) in order to promptly reimburse the Town for any costs and expenses (as defined herein). The
Town must provide a monthly update as to monies expended from the escrow account.
F. In the event that there is any balance remaining in the escrow account as of the date that the Town
Board determines that the permit has expired and further determines that no damages or injuries have been
caused to any Town road or other Town property (and that no discharges or spills have occurred on any Town
road or other Town property) for which the Town has not been fully reimbursed, the Town shall pay to the
permittee the balance remaining in the escrow account.
Insurance
Town of Groton requires that permittee submit evidence of adequate insurance prior to commencement of
performance of work in the Town of Groton. Satisfaction of the minimum insurance requirements does not
necessarily mean that a Permittee's insurance will be acceptable to Town of Groton. Minimum requirements
are:
I . Statutory Workmen's Compensation Insurance, under the laws of the State of New York and any other
laws that may be applicable thereto. Coverage "B" Employers Liability must have limits of at least $1003 000.
2. Comprehensive General liability Insurance, subject to limits of $5,000,000 for each occurrence.
Coverage must be provided for Bodily Injury Liability, Broad Form Property Damage Liability, Contractual
Liability and Products and Completed Operations coverage. Completed Operations coverage is to be
maintained for a minimum period of two years after completion of the contract.
Page 3 of 11
Upon violation of any provisions of a permit, the Town Highway Superintendent may suspend the permit issued
hereunder, for no more than thirty (30) days. Upon permit suspension, a permittee shall have the right to
appear and be heard at a public hearing within said thirty day time period. The Town Highway Superintendent
upon majority vote of the town Board may permanently revoke any permit upon a finding that a permittee has
violated any provision hereof.
Special Conditions
1. A permit shall not be assigned or transferred without the written consent of the Town Board
2. The Town Highway Superintendent shall be given one week's notice by the permittee of the date it
intends to begin the activity authorized by the permit, and prompt notice of its completion,
3. A permit for an overweight or oversized vehicle shall remain valid only for so long as the permittee
continues to hold a valid New York State Hauling or Divisible Load Permit issued pursuant to 17 NYCCR
Subpart 154-2.
4. The permit shall not authorize the holder to exceed the maximum gross weight limit authorized for
crossing an R-Posted bridge.
5. Every permit shall require that the roads be kept passable at all times for all motor vehicles, including
school buses, snow plows and public safety vehicles, unless otherwise approved by the Town Highway
Superintendent.
6. Prior to the issuance of a permit, the Town Highway Superintendent may require that a road be improved
prior to use so that it will withstand the proposed use without sustaining damage.
7. The Town Highway Superintendent may impose such other reasonable conditions to said permit
including requiring permittee to obtain engineering studies, videotaping or other documentation of the road and
its condition, as well as seasonable restrictions.
8. Every permit shall require the installation of permanent signage designating work area.
Violation of Local Law; Penalties
1. Any owner, operator, registrant or lease, who or which shall operate or move a vehicle or a combination
of vehicles, the weights or dimensions of which exceed the limitations provided in Section 385 on town roads or
highways without obtaining the permit required hereunder shall be guilty of a Class A misdemeanor, which shall
be punishable by a fine not exceeding one thousand dollars ($1000.00) and/or a sentence of up to one year in
jail.
2. In additional to the above described penalties, Town Highway Superintendent, upon majority vote of the
Town Board may maintain an action or proceeding in the name of the town in a court of competent jurisdiction
to compel compliance with this local law injunction, abatement, or otherwise compel cessation of each violation
and obtain restitution to the Town for costs incurred by the Town in remedying each violation, including but not
limited to reasonable attorney's fees.
Severabillity
If any part or provision of this Local Law or application thereof to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or
provision or application directly involved in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to the
other persons or circumstances, and the Town Board hereby declares that it would have passed the Local Law or the
remainder thereof had such invalid application provision been apparent.
Page 5 of 11
Repealer
All ordinances, local laws and parts thereof inconsistent with this Local law are hereby repealed.
Effective Date
This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.
Page 6 of 11
Road Type
Bond per Mile
Multiply by Number
of Miles
Multiply by Number of
Vehicles on the peak
travel day of the
Project
Road Totals
Fee Schedule Worksheet
Dirt and/or Gravel Chip Seal (Gravel with Tar) Asphalt with Base< 7"
$3,500.00 $15,000.00
Structures (Bridges and/or Culverts by Diameter
fond ner Structure
Multiply by Number of Structures
Structure Totals
Bond Total
* Multiply spans will require a bond for each span of
$1,500,000.00
$54,570.00
6011 up to 19,019-11 1011
$500,000
Asphalt with Base> 7"
i $94,200.00
20'0" and Greater*
$1,500,000
Page 8 of 11
Attachment A
Road Preservation Law Worksheet
Date:
1. Project Sponsor:
2. Address:
Phone:
Fax:
Email:
3. Work Description:
Work Location:
Proposed Truck Route (include miles to be travelled on each road) :
4. Land Owner:
Address:
Phone:
Fax:
Email:
5. Start Date:
Completion Date:
Expect maximum gross weight vehicle weight:
Maximum truck trips per day:
6. Bond amount: Date Paid:
Approval Date:
7. Preliminary Bond Release Application Date:
8. Deficiencies to be Repaired:
9. Final Bond Release Application Date:
10. Final Bond Release:
Signature:
Highway Superintendent
Board Approval Date:
Page 7 of 11
Example Route:
Town of Groton
Salt Road (1.1 Miles) to Stevens Read (1.2 Miles)
Road Type Dirt and/or Gravel ( Chip Seal (Gravel with Tar) Asphalt with Bases 7" asphalt with Base> 7"
$3,500.00 $15,000.00 $54,570.00 $94,200.00
Bond per Mile 1.2 0 1.1 0
Multiply by Number of
Miles
9.5 0 a5
Multiply by dumber of
Vehicles on the peak
travel day of the
Project
Road Totals $105, 000.00 $0.00 $1, 500, 675.00
Structures (Bridges and/or Culverts by Diameter 60" up to 19'0"-1 To"
Bond per Structure 1 $500,000
i11 ItinEv by tilt i nher of S`rt nturpq 1
Structure Totals $500, 000. 00
Bond Total
* Multiply spans will require a bond for each span of
$1, 500, 000.00
n
$0.00
20'0" and Greater
$1, 500, 000
n
$0.00
$2,105, 675. 00
Page 9 of 11
(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.) J.
I hereby certify that the local law annexed hereto, designated as local law No. of 2014 of
the (Town)( gI§) of Groton 20 14 was duly passed by the
Town Board on /0 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 201. of
the (County) (City) (Town)(Village) of . was duly passed by the
, on and was (approved)(not approved)
(fame of Legislative Body)
(repassed after disapproval) by the (Elective Chief Executive Officer*)
on 201 1..1, 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.
the (County) (City)(Town)(Village) of
on
(Name of Legislative Body)
(repassed after disapproval) by the (Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
. was duly passed by the
20 and was (approved)(not approved)
on 20
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)(annuai) 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 ceftify 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
(Elective Chief Executive Officer*)
on 20- 1. Such local
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-I (Rev. 041114) Page 10 of 11
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20--'-- of
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.
I hereby certify that the local law annexed hereto, designated as local law No of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 6 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,l above. I
44io 1 11 /?Mcl
Cleric legislative body, City, Town or Village Clerk or
lerk of
rk
officer designated by local legislative body
(Seal) Date: '--JWV-,C 0 B/L/
U J.
DOS-0239-f-I (Rev. 04/14) Page 11 of 11