Village of Cooperstown, NY
Otsego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown 5-29-2012 by L.L. No. 5-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 240.

§ 200-1 Title.

This chapter shall be known as the "Village of Cooperstown Road Preservation Local Law."

§ 200-2 Legislative findings, purpose and intent.

The Village Board of the Village of Cooperstown finds that a well-maintained and good and passable street system within the Village is vital to the Village's economic well-being and the well-being of its residents. It is the purpose and intent of this chapter to ensure that all Village-owned streets and roads as well as all other streets, highways and roads within the legal boundaries of the Village, regardless of whether or not owned by the Village, but which are repaired or maintained by the Village, are not damaged or harmed to the overall detriment of the Village by a few individual users who utilize said streets, highways and roads in a manner that causes extraordinary deterioration and/or wear and tear to said streets and roads.

§ 200-3 Authority.

This chapter is enacted by the Village Board of the Village of Cooperstown pursuant to its authority to adopt local laws under the New York State Constitution, the Municipal Home Rule Law and the New York State Village Law. More specifically and in large part, this chapter is enacted pursuant to the authority granted under the New York State Vehicle and Traffic Law.

§ 200-4 Weight limit on vehicles using Village streets or roadways.

A. 
All vehicles (other than vehicles owned by the Village, town, county or state) having a gross weight of four or more tons are specifically excluded and prohibited from travelling upon or over any portion of the streets, highways or roadways owned by the Village of Cooperstown. Notwithstanding the foregoing, vehicles performing local pickup or delivery shall be considered exempt from the foregoing prohibition.
B. 
No vehicles weighing in excess of 10 tons (other than vehicles owned by the Village, town, county or state) shall use any such street, highway or roadway maintained or repaired by the Village of Cooperstown, within the legal boundaries of the Village (regardless of the ownership thereof), except when performing local pickup and delivery services or as hereinafter permitted.
(1) 
Notwithstanding the foregoing prohibition, the foregoing exclusion shall not be construed to prohibit "occasional" use as the same is defined herein.
(2) 
The provisions of the foregoing restrictions on use (§ 200-4B) may be waived by the Village of Cooperstown Superintendent of the Department of Public Works in accordance with the following provisions:
(a) 
At least 30 days prior to the commencement of any activity that will involve the use of roads or highways in the Village of Cooperstown by vehicles having a gross weight in excess of 10 tons on more than an occasional basis (as defined herein), the owner of the lands to be served by said vehicles and the operator of said vehicle(s) or the owner or operator of a fleet of vehicles shall obtain a permit authorizing the proposed use, which permit shall be granted only in accordance with the following terms and conditions:
[1] 
The applicant shall submit a detailed plan to the Village of Cooperstown Superintendent of the Department of Public Works evidencing the exact route to be used; the direction of travel; the nature, type and number of vehicles; the weight of each vehicle; the number and frequency of the proposed use(s); dirt, dust and noise control and mitigation measures to be employed; and the specific hours and duration of use. A processing fee designed to cover the cost incurred by the Village and/or the Village of Cooperstown Superintendent of the Department of Public Works in reviewing and approving said plan, as established and contained on the Village's Schedule of Fees, shall accompany the plan.
[2] 
The Village of Cooperstown Superintendent of the Department of Public Works shall determine if the described proposed terms of use (i.e., frequency, weight, duration, nature of cargo, etc.) have the potential to damage the highways and roadways lying within and repaired or maintained by the Village. If the Village of Cooperstown Superintendent of the Department of Public Works determines that no or very minimal damage is likely to occur by virtue of the described proposed use, a permit may be granted by the Village of Cooperstown Superintendent of the Department of Public Works authorizing the specific use, frequency and duration proposed in the waiver application. If it is determined by the Village of Cooperstown Superintendent of the Department of Public Works that damage to the Village's highways may occur as a result of the described proposed use, said Village of Cooperstown Superintendent of the Department of Public Works may impose such conditions and restrictions on the use, frequency and duration as are reasonable and as are designed to minimize damage to Village streets and roadways [i.e., use of a specific route or routes, dust and noise control measures, periodic (including daily) restoration of the roadway(s) to "pre-use" condition, use only when roads are not compromised by weather or moisture conditions, number of trips, reduced weight of vehicles, etc.]. Such conditions may also include the requirement that an indemnity bond be provided; indeed, if the Village of Cooperstown Superintendent of the Department of Public Works determines that damage to the streets, highways and roadways within the boundaries of the Village of Cooperstown could, by reason of the proposed use, exceed $5,000 in value, a bond shall be required in an amount sufficient to cover the full cost of the repair of the possible damage. If a bond is required, the original bond shall be filed in the Village of Cooperstown's Clerk's office. Upon completion of the activity requiring the use of the Village's roadways, the operator or owner shall apply to the Village of Cooperstown's Superintendent of the Department of Public Works for the release of the bond. Upon inspection of the Village's roadways, as necessary, the Village of Cooperstown's Superintendent of the Department of Public Works may authorize the release of the bond. If, after inspection, the release is not approved, the Village of Cooperstown Superintendent of the Department of Public Works shall document the work to be performed to restore the Village's streets and roadways to their pre-use condition, which work must be performed before the bond is released.
[3] 
If the Village of Cooperstown's Superintendent of the Department of Public Works determines that a pre-use inspection or analysis by a qualified engineer is needed prior to the issuance of a permit to use the streets, highways or roadways within the boundaries of the Village, the Village of Cooperstown's Superintendent of the Department of Public Works is hereby authorized to hire such engineer and to require that the applicant pay the cost of obtaining such engineering analysis in advance.
[4] 
The Village of Cooperstown's Superintendent of the Department of Public Works shall have 30 days from the date the application to use the highways and roadways within the boundaries of the Village is filed or from the receipt of the engineer's pre-use inspection report, whichever occurs later, to grant or deny the permit. Should the permit not be acted upon by the Village of Cooperstown's Superintendent of the Department of Public Works within the foregoing period(s), it shall be deemed granted without condition.

§ 200-5 Liability.

Any landowner or vehicle owner who is shown to have prior knowledge of this chapter and who benefits from the use of the streets, highways and roadways within the boundaries of the Village of Cooperstown without ensuring compliance with the aforesaid provisions shall be responsible for any and all damage occasioned by said unpermitted or unauthorized use to the Village's streets and roadways as well as to any highways within the boundaries of the Village of Cooperstown which are repaired or maintained by the Village.

§ 200-6 Remedies.

The Village of Cooperstown, through its agents or employees, may, in addition to any other remedy authorized under law, issue a stop-order order or obtain such other necessary form of injunction should an operator or owner fail to comply with the terms of this chapter.

§ 200-7 Penalties for offenses.

In addition to injunctive and other relief, violators may be fined up to $500 for each and every separate violation of the provisions of this chapter.

§ 200-8 Appeals.

An applicant, owner or operator, or Village resident who is dissatisfied with any decision of the Village of Cooperstown Superintendent of the Department of Public Works under any section of this chapter shall have the right to appeal such unfavorable decision or any of its terms to the Village Board of the Village of Cooperstown within 20 days of the decision being complained of.

§ 200-9 Definitions.

The following words shall, as used in this chapter, be defined as follows:
LOCAL PICKUP OR DELIVERY
A delivery commencing and/or terminating within the legally defined boundaries of the Village of Cooperstown. For the purposes of this definition only, the "Cooperstown High School Campus" and the "Farmers' Museum/Fenimore Art Museum and NYSHA complex" shall be considered as being within the legally defined boundaries of the Village of Cooperstown.
OCCASIONAL
No more than five uses of any highway or roadway within the bounds of the Village of Cooperstown by a vehicle or vehicles weighing more than 10 tons, which vehicles are individually or collectively serving any one property or common project on any one day.
VILLAGE OF COOPERSTOWN SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS
Wheresoever this term is used in this chapter it shall be interpreted to include the phase "or other person(s) designated by the Village of Cooperstown Board of Trustees."