[Adopted 4-9-2012 by L.L. No. 1-2012]
The Town Board of the Town of Bath has 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 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 any 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. Endeavors such
as construction, timber harvesting, mining, natural gas drilling,
and wind farms are also of economic interest. This article is not
intended to regulate such businesses; the intent is to protect the
public roads from damage.
As used in this article, the following terms shall have the
meanings indicated:
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 may accept an equivalent financial guarantee in
lieu of bond.
A bond release given by the Town Highway Superintendent 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
500 truck trips. For purposes of this article, a truck trip is a trip
to or from the project site involving a truck with a gross weight
of 20 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 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 that 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.
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 Town roads, whether or not the project
itself is located in the Town.
A.Â
Projects include, but are not limited to, construction projects,
mining, drilling activities and wind farms. 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.
B.Â
Agricultural operations, as defined by New York State's Agricultural
Districts Law,[1] 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.
[1]
Editor's Note: See Article 25-AA of the New York State
Agriculture and Markets Law.
A.Â
The Town determines that high-frequency, high-impact truck traffic
associated with temporary projects would materially injure Town roads.
B.Â
Upon determination by the Town Highway Superintendent that a temporary
project may generate high-frequency truck traffic, the Town Highway
Superintendent shall erect signs on the appropriate sections of Town
highways setting forth the notice that such vehicles are excluded,
and the notice shall also be published in the official newspaper for
the Town of Bath.
C.Â
Any permittee may apply to the Town 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 article, pickup and delivery
associated with New-York-State-permitted mining or gas drilling operations
shall be deemed essential local pickup or delivery.
D.Â
Any such permit shall designate the route(s) to be traversed and
contain other reasonable restrictions or conditions deemed necessary
by the Town 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 or her special duties, or police officer. Such
permit shall be for the duration of the temporary project.
E.Â
In order to obtain a permit, the permittee must submit a permit application
to the Town. Highway Department, which shall include all information
required by the Town Highway Superintendent, including, but not limited
to, vehicle identification and owners/operators, vehicle weights,
load weights, materials carried, route(s) to be followed from Town
Highway to 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, but in no event
shall the fee be less than $50.
F.Â
The Town Highway Superintendent 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.Â
In addition to the restrictions on routes and other reasonable restrictions,
the Town Highway Superintendent 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 Town roads based on the truck
route(s), weight of the vehicles, frequency of travel, seasonal conditions
and the type category (classification) of the roads on the approved
route(s).
H.Â
A permittee aggrieved by a determination of the Town Highway Superintendent
regarding the need for or conditions of a permit may, within 10 days
of the determination, appeal to the Town Board. No action inconsistent
with the determination of the Town Highway Superintendent shall take
place pending the determination of the Town Board.
I.Â
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 safe and usable condition for all legal uses of
the road throughout the duration of the temporary project.
J.Â
Upon completion of the high-frequency, high-impact truck traffic
project, the permittee will apply to the Town Highway Superintendent
for a bond release. Upon inspection of the traveled roads, as necessary,
the Town Highway Superintendent may approve the release of the bond.
If the release is not approved, the Town 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. The permittee
must remedy the specified problems before the bond may be released.
K.Â
If the permittee does not comply with this article and all of 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 Town Highway Superintendent.
L.Â
In the event that high-frequency, high-impact truck traffic uses
any Town roads without the required valid permit, the Town Highway
Superintendent, and any law enforcement officer or code enforcement
officer, has the authority to deny access to the roads and, in cases
where the Town permit was required, to shut down the project. This
relief is in addition to any and all damages and penalties.
M.Â
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.Â
In lieu of obtaining a permit, any person who may be responsible
for obtaining a permit may enter into a road use agreement with the
Town, although the Town 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 Town Highway Superintendent, in consultation with the Town
Attorney, shall enforce the provisions of this article 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 Town.
A.Â
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 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. Violations may be
prosecuted by the Town Attorney or any other person with authority
to prosecute violations within the Town.
B.Â
Upon failure of any permittee to comply with the requirements of
this article, the permit shall be subject to suspension or revocation,
or to the imposition of conditions.
