[HISTORY: Adopted by the County Legislature of Tompkins County 9-6-2011 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter provided an effective date
of 1-1-2012.
The Tompkins County Legislature has determined the County is
facing a variety of impending major development efforts that may result
in extraordinary, high-intensity traffic to and from development sites,
causing significant and measurable damage to County 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 Legislature 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 County roads attributable
to such high-intensity use, and, where necessary, for the improvement
of County 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 County taxpayers. The purpose of this chapter
is to maintain the safety and general welfare of County residents
by regulating heavy uses of County roads that have the potential to
adversely affect such roads. Well-maintained roads are important to
the safety and economic well-being of the County and its residents.
Endeavors, such as construction, timber harvesting, mining, and natural
gas drilling are also of economic interest. This chapter is not intended
to regulate such businesses; the intent is to protect the public roads
from damage.
The County is authorized to adopt this chapter by § 1650(4)
of the New York State Vehicle and Traffic Law as well as by the Municipal
Home Rule Law that authorizes the County to adopt local laws to protect
the health and safety of its citizens.
As used in this chapter, the following terms shall have the
meanings indicated:
A commercial bond to ensure that the condition of the County
roads is not adversely impacted by high-frequency, high-impact truck
traffic. The County Legislature may accept an equivalent financial
guarantee in lieu of bond.
A bond release given by the County Highway Manager based
on satisfactory road conditions at completion of the high-frequency,
high-impact truck traffic.
Traffic to and from a project site that generates more than
1,000 truck trips. For purposes of this chapter, a truck trip is a
trip to or from the project site involving a truck with a gross weight
of 30 or more tons (truck and load combined). A single truck makes
two truck trips if it meets the weight limit traveling to the project
site and meets the weight limit traveling from the project site.
The person responsible under this chapter 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 chapter. 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 chapter.
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate, or any other legal entity whatsoever.
Any nonpermanent activity that generates high-frequency, high-impact
truck traffic on County roads whether or not the project itself is
located in the County.
Projects include, but are not limited to, construction projects,
mining, 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 chapter.
Agricultural operations as defined by New York State Agricultural
District Law and the movement of agricultural products are excluded.
Also excluded are school buses, law enforcement vehicles, fire-fighting
vehicles, military vehicles, and municipal vehicles engaging in road
work on behalf of municipalities.
A.
The County Legislature determines that high-frequency, high-impact
truck traffic associated with temporary projects would materially
injure County roads.
B.
Upon a determination by the County Highway Manager that a temporary
project may damage a County highway as a result of high-impact, high-frequency
truck traffic on the County highway, the Highway Manager shall erect
signs on the appropriate sections of County highways setting forth
the notice that such vehicles are excluded, and the notice shall also
be published in the official newspaper in Tompkins County.
C.
Any permittee may apply to the County Highway Department 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 vehicles are performing essential local
pickup or delivery. For purposes of this chapter, pickup and delivery
associated with New York State-permitted mining or gas-drilling operations
shall be deemed essential local pickup or delivery.
D.
Any such permit shall designate the route(s) to be traversed and
contain other reasonable restrictions or conditions deemed necessary
by the County Highway Manager. 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.
E.
In order to obtain a permit, the permittee must submit a permit application
to the County Highway Department, which shall include all information
required by the County Highway Manager, including but not limited
to vehicle identification and owners/operators, vehicle weights, load
weights, materials carried, route(s) to be followed from the state
highway 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 County Legislature, but
in no event shall the fee be less than $50.
F.
The County Highway Manager may require the permittee to submit documentation
(including, but not limited to, photographs and videos) of 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.
G.
In addition to the restrictions on routes and other reasonable restrictions,
the County Highway Manager will decide if the scope of work is such
that a bond is required, and the amount of any such bond. The determination
of the need and amount of any bond shall be based on a determination
of potential damage to County 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.
H.
A permittee aggrieved by a determination of the Highway Manager regarding
the need for or conditions of a permit may, within 10 days of the
determination, appeal to the County Administrator. No action inconsistent
with the determination of the County Highway Manager shall take place
pending the determination of the County Administrator.
I.
The permittee shall be responsible for assuring that the high-frequency,
high-impact truck traffic does not prevent any impacted County road
from remaining in safe and usable condition for all legal uses of
the road throughout the duration of the temporary project.
J.
Upon completion of the high-frequency, high-impact truck traffic
project, the permittee will apply to the Highway Manager for a bond
release. Upon inspection of the traveled roads, as necessary, the
Highway Manager may approve the release of the bond. If the release
is not approved, the Highway Manager 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. The permittee must remedy the specified
problems before the bond may be released.
K.
If the permittee does not comply with this chapter 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 Manager.
L.
In the event that high-frequency, high-impact truck traffic uses
any County roads without the required valid permit, the Highway Manager,
any law enforcement officer or code enforcement officer has the authority
to deny access to the roads and, in cases where a County 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 County road when a project proceeds with or without a
proper permit, as well as for all fines and penalties specified in
this chapter.
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 County
although the County has no obligation to enter into a road use agreement.
In such case the requirements shall be governed by the agreement,
rather than by permit conditions.
The Highway Manager, in consultation with the County Attorney,
shall enforce the provisions of this chapter and all rules, regulations,
and designations made pursuant thereto. Such enforcement shall include
but not be limited to legal or equitable proceedings, including without
limitation an action for specific performance brought in the name
of the County.
A.
Any person who violates this chapter shall be guilty of a violation
and subject to a fine of not more than $500 and/or imprisonment for
not more than 15 days. Each and every act committed that is prohibited
by this chapter shall constitute a separate violation. Each time a
vehicle travels on a County Road without a permit as required by this
chapter shall constitute a separate violation. Violations may be prosecuted
by the County District Attorney or any other person with authority
to prosecute violations within the County.
B.
Upon failure of any permittee to comply with the requirements of
this chapter, the permit shall be subject to suspension, revocation
or to the imposition of conditions.
