[HISTORY: Adopted by the Town Board of the Town of Bethel 3-13-2013 by L.L. No. 1-2013. Amendments noted where applicable.]
The purpose of this chapter is to maintain the safety, health, and general welfare of Town residents by regulating certain vehicle and truck traffic that has the potential to adversely affect roads and public and nonpublic property. Well-maintained roads are important to the economic well-being of the Town, and while vehicle and truck traffic contributes to the economic benefit of the community, it is a matter of record that heavier trucks and equipment, and heavy loads carried by such vehicles, can deteriorate the roads of a community, including the subgrade, base, and surface pavement at an accelerated rate. Such principles are embodied in documents published by the American Association of State Highways and Transportation Officials ("AASHTO"), which are widely accepted and used throughout the United States. As such, it is the intent of this chapter to protect Town roads from excess damage caused by certain heavy trucks and other heavy vehicles traveling on Town highways.
Accordingly, the Town Board has determined that certain truck and vehicle traffic can damage and significantly reduce the life of Town highways. The Town Board has further determined that such damage can be reliably measured using recognized engineering standards published by AASHTO and others. In addition, the Town Board has determined that the strength and capacity of Town highways may in some cases be inadequate to meet the demands of heavy vehicle and truck traffic and that upgrades to Town highways may be necessary as a result or that certain vehicles and trucks be prevented from unimpeded use of certain Town highways, particularly where such Town highways are unpaved or serve predominantly residential areas, highly congested areas or areas containing schools and other facilities serving children. The Town Board finds that it is in the best interest of the citizens and taxpayers of the Town to regulate certain vehicle and truck traffic and to provide for the repair of any damage caused to Town highways by the operators of such vehicles. The Town enacts this legislation to establish a system of truck routes, to permit the Town Board to temporarily exclude trucks and other similar vehicles exceeding a certain designated gross weight from highways, to require a permit for oversized trucks and to provide for the development and use of a voluntary road use agreement.
This chapter is enacted pursuant to the New York State Constitution, Art. 9, § 2(c)(6); New York Vehicle and Traffic Law §§ 385, 393 and 1660; New York Municipal Home Rule Law § 10; New York Statute of Local Governments § 10; New York Highway Law §§ 320 and 326; and New York Town Law § 130.
As used in this chapter, including all schedules, maps and appendixes included herein, the following terms shall have the meanings indicated:
- AGRICULTURAL EQUIPMENT
- Has the meaning set forth at § 100-d of the Vehicle and Traffic Law.
- Any person who intends to introduce truck traffic onto any Town highway and is required to submit, or has submitted, an application for, or who has received:
- A. Any one of the following federal nationwide permits as amended and issued by the United States Army Corps of Engineers or jointly with or by the New York State Department of Environmental Conservation: Permit 8 (oil and gas structures); Permit 12 (utility line activities); Permit 13 (bank stabilization), Permit 16 (return water from upland contained disposal areas); Permit 17 (hydropower projects); Permit 21 (surface coal mining operations); Permit 29 (residential developments); Permit 33 (temporary construction, access, and dewatering); Permit 38 (cleanup of hazardous and toxic waste); Permit 39 (commercial and institutional developments); and Permit 44 (mining activities);
- B. Any of the following permits issued by the State of New York: highway work permit; SPDES permit; waste transporter permit; oil, natural gas, and solution mining permit, and other mining permits; authority to transport property (except household goods); and any permit issued pursuant to § 385 of the Vehicle and Traffic Law; or
- C. Any of the following permits issued by the County of Sullivan or the Town of Bethel: sludge disposal permit; mining permit; gravel mining permit; logging permit, overweight vehicle permit or special use permit.
- GROSS WEIGHT
- The weight of a vehicle without load plus the weight of any load thereon.
- HAUL ROUTE
- The anticipated route of travel on Town highways of any vehicle or truck regulated under this chapter or under any road use agreement authorized by this chapter.
- HAUL ROUTE NOTIFICATION FORM
- A form submitted to the Town in advance of negotiations with the Town for a road use agreement which contains, at a minimum, the following information: the name and address of the applicant, the date or dates during which the truck traffic is expected, the volume of truck traffic expected during the time period in question, the range of weights and dimensions of the trucks in question, a description of the material comprising the loads to be transported and the anticipated route of travel, including the ultimate destination of the truck traffic.
- MUNICIPAL PROGRAM MANAGER
- The person as may, from time to time, be appointed by the Town Board to fulfill the responsibilities and duties specified for that title in the Program Manual.
- OVERWEIGHT VEHICLE
- Any vehicle that exceeds the weight and/or dimension limits set forth at § 385 of the Vehicle and Traffic Law.
- OVERWEIGHT VEHICLE ROUTE SURVEY
- A physical survey performed by the applicant or designated representative, of a route or routes to be taken by an overweight vehicle within the Town. In conducting this survey the applicant shall assure that sufficient clearance of all physical objects along the route or routes exists for the movement or movements to be made and the roadway or bridge weight limits are not exceeded. With respect to height clearance, the survey shall guarantee that no portion of the movement shall be within three inches of any overhead object.
- OVERWEIGHT VEHICLE ROUTE SURVEY REPORT
- The written report setting forth the findings of an overweight vehicle route survey. The overweight vehicle route survey report shall identify:
- A. The number and type of overweight vehicles;
- B. The number of overweight vehicle trips;
- C. The anticipated travel route;
- D. All physical objects along the anticipated travel route;
- E. The roadway or bridge weight limits along the travel route;
- F. All overhead objects along the travel route; and
- G. Any other information that may have a material impact on the use of any Town highway.
- Any person, persons, corporation, partnership, limited liability company, association or other entity.
- PROGRAM MANUAL
- Road Protection Program Manual, Version 2.0, dated February 2012, prepared by Delta Engineers, Architects & Land Surveyors, P.C., a copy of which is on file and available at the Town's offices located at 3454 Route 55 Post Office Box 300, White Lake, NY 12786-0300.
- ROAD USE AGREEMENT
- Any written agreement between the Town and any person for the purposes set forth at § 251-8.
- SULLIVAN COUNTY MULTI-MUNICIPAL TASK FORCE
- The towns of Tusten, Cochecton, Bethel, Callicoon, Delaware, Highland, Lumberland and Rockland, all located in Sullivan County, New York
- TECHNICAL MANUAL
- Road Protection Program Technical Manual, Version 2.0, dated February 2012, prepared by Delta Engineers, Architects & Land Surveyors, P.C., a copy of which is on file and available at the Town's offices located at 3454 Route 55 Post Office Box 300, White Lake, NY 12786-0300.
- The Town of Bethel, Sullivan County, New York.
- TOWN BOARD
- The duly elected Town Board of the Town of Bethel acting in its corporate capacity.
- TOWN HIGHWAY
- Those roads and highways and related appurtenances of the Town which are owned or maintained by the Town or otherwise exist as Town highways by dedication or use, including without limitation roadways, shoulders, guide rails, bridges, tunnels, culverts, sluices, ditches, swales, sidewalks, or any utilities or improvements therein, thereon, or thereunder.
- TOWN HIGHWAY SUPERINTENDENT
- The duly elected Superintendent of highways for the Town or his or her designee.
- Has the meaning set forth at § 158 of the Vehicle and Traffic Law and shall include, but not be limited to, tractors, trailers, semi-trailers as those terms are set forth respectively at § 151-a, § 156 and § 143 of the Vehicle and Traffic Law. A truck shall also include construction and earth-moving equipment, drill rigs, seismic trucks, cranes, tow trucks, overweight vehicles, and all other vehicles which exceed any weight or dimension limits set forth in this chapter.
- TRUCK ROUTE SYSTEM
- The schedule of roads comprising the truck route system established in this chapter.
- TRUCK TRAFFIC
- All trucks using Town highways for the express purpose of traveling to the location of a particular use, project or activity undertaken by an applicant regardless of whether such destination is within or outside the boundaries of the Town.
- Has the meaning set forth at § 159 of the Vehicle and Traffic Law.
- Any person who voluntarily agrees to enter into negotiations with the Town for a road use agreement.
A truck route system is hereby established upon which all trucks having a total gross weight in excess of thirty-three thousand pounds are permitted to travel and operate and which shall consist of the highways described in the Schedule set forth in § 251-4C below, and such trucks are hereby excluded from all other Town highways within the Town pursuant to Vehicle and Traffic Law § 1660(a), Subdivisions 10, 17 and 28.
Notwithstanding the above exclusion set forth in Subsection A of § 251-4 hereof, said exclusion shall not be construed to prevent:
The delivery or pickup of merchandise or other property, including solid waste and recyclable material left for collection, along the Town highways from which such trucks are otherwise excluded; or
The delivery or pickup of merchandise or other property, including solid waste and recyclable material left for collection, from any road or street located within any fire district, where the majority of the area of said fire district is located in the Town of Bethel, and the only practical access thereto is along Town highways from which such trucks are otherwise excluded.
As authorized by Vehicle and Traffic Law § 1660(a), Subdivision 11, the Town Board from time to time may temporarily exclude all vehicles in excess of a gross weight of four tons from Town highways or any segment or section thereof as the Town may identify.
The authority of the Town Board to exclude temporarily the trucks and vehicles identified in Subsection A of § 251-5 hereof shall be upon express findings that the Town highways identified by the Town Board are subject to damage based upon seasonally related or intermittent local conditions which may exacerbate existing deterioration of such Town highways or cause damage thereto to the extent that such Town highways would be materially injured by the operation of any such trucks and vehicles thereon. Such exclusion shall take effect upon the adoption of a resolution by the Town Board providing therefor, the erection of signs on the section of the Town highway from which such trucks and vehicles are excluded, and the publication of a notice that such trucks and vehicles are excluded, which notice shall be published in a newspaper in the county where the Town highway is situated. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board by resolution.
Upon written application by any owner or operator of a truck or vehicle subject to the restrictions of Subsection A of § 251-5 hereof, the Town Board may issue a permit providing an appropriate exemption to such truck or vehicle from the above exclusions, if it is determined that said truck or vehicle is performing essential local pickup or delivery service, or services related to the maintenance, repair or installation of public improvements, and that a failure to grant such permit would create hardship. Every such permit may designate the route to be traversed and contain other reasonable restrictions or conditions deemed necessary, including but not limited to the posting of security to be determined in accordance with § 251-6C hereof and, where appropriate, a recommendation for said owner or operator to enter into a road use agreement as said agreement is contemplated and administered by § 251-7 and § 251-8 hereof. Every such permit shall be carried in the truck or vehicle to which it refers and shall be open to inspection by any peace officer, police officer or the Town Highway Superintendent. Such permits shall be limited to the time periods or the restrictions as provided in the permit. Such permits are valid only for the truck or vehicle to which they were issued and are nontransferable. The Town Board may, from time to time, establish by resolution a permit fee in an amount reasonably related to the administrative costs of issuing the permit.
Any person who is granted a permit hereunder but elects not to enter into a road use agreement with the Town, as provided at § 251-7, or materially breaches the terms and conditions of said permit or road use agreement, and said person injures or damages any Town highway or other improvement as set forth at Highway Law § 320, shall be subject to treble damages permitted by Highway Law § 320 in addition to any other remedies provided in this chapter or otherwise available to the Town pursuant to applicable law.
Notwithstanding any other requirements, conditions, permissions, or limitations set forth in this chapter, no overweight vehicle may travel on any Town highway without the owner or operator thereof making written application to the Town Board and procuring a permit to operate such overweight vehicle on Town highways pursuant to Vehicle and Traffic Law § 385, subdivision 15.
The permit application shall be on a form developed by the Town and shall, at a minimum, include the name and address of the owner of the overweight vehicle in question, the date or dates for which the permit is needed, the full gross weight and dimensions of the overweight vehicle, the estimated number of one-way trips to be undertaken by each overweight vehicle during the time period for which the permit shall be issued, a description of the load to be transported, and the anticipated route of travel, including the ultimate destination of the overweight vehicle. Overweight vehicles owned, operated or controlled by a single owner and anticipated to use the same haul route and have the same destination shall be included in a single permit application. The applicant shall conduct an overweight vehicle route survey for the anticipated route of travel within the Town, and the permit application shall be accompanied by an overweight vehicle route survey report and a permit fee of $10. No permit shall be issued until:
The Town Board determines that the permit application is complete and the permit fee has been paid;
The applicant has shown that good cause exists for its issuance;
The applicant has complied with any requirements to provide security for protection of the Town highways;
The applicant has furnished a certificate of insurance which names the Town of Bethel as an additional insured, and which insurance is in an amount which reasonably insures the Town against potential risks caused by the operation of the overweight vehicle on the Town highways in question, as said amount is determined by the Town Board; and
The applicant has complied with any other reasonable pre-permit conditions requested by the Town Board.
Any security to be posted by the applicant in accordance with § 251-6B shall be, at the election of the Town, a performance bond, irrevocable letter of credit or cash. The form of any irrevocable letter of credit or performance bond shall be subject to the approval of the Town Attorney or such attorney as may be designated by the Town. The total amount of security shall be calculated by the applicant and is subject to the approval of the Town Highway Superintendent or Municipal Program Manager as may be designated by the Town Board. Said performance security shall be released:
Upon the expiration of the permit and satisfactory completion of all permit conditions relating to repair, restoration, and/or maintenance requirements as certified by inspection by the Town Highway Superintendent or Municipal Program Manager; or
As otherwise provided in any road use agreement between the parties.
Any permit issued pursuant to this § 251-6 may contain such conditions and requirements that the Town Board deems necessary to preserve the Town highways. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer, police officer or the Town Highway Superintendent. Such permits shall be limited to the time periods or the restrictions as provided in the permit. Such permits are valid only for the vehicle to which they were issued and are nontransferable. If the permit recommends that the Town and the applicant enter into negotiations for a road use agreement, no permit shall be effective until such time as the parties have executed such an agreement or at least one party has determined to discontinue negotiations for said agreement because it is unwilling or unable to meet the terms or requirements of the other party.
Any person who fails to obtain a permit pursuant to this § 251-6 when required to do so or any applicant who obtains a permit but elects not to enter into a road use agreement with the Town or materially breaches the terms and conditions of said permit or road use agreement, and said person or applicant injures or damages any Town highway or other improvement as set forth at Highway Law § 320, shall be subject to treble damages permitted by Highway Law § 320 or compensatory damages in accordance with Vehicle and Traffic Law § 393 in addition to any other remedies provided in this chapter or otherwise available to the Town pursuant to applicable law.
Purpose. It is the intent of the Town to encourage the owners and operators of trucks and vehicles regulated under this chapter to take responsibility through the voluntary mechanism of a road use agreement to make necessary upgrades to Town highways prior to use or to repair any damage caused to Town highways following use, if such use is likely to or did in fact cause damage thereto. Notwithstanding the foregoing, no permit issued by the Town, including the Town Planning Board, shall compel an applicant to enter into a road use agreement.
Any person who desires to enter into negotiations with the Town for a road use agreement voluntarily or because said person is an applicant and desires to enter into negotiations with the Town for an agreement to use, repair, upgrade or preserve any Town highway as a result of the requirements of any statute, rule, regulation, or approval or permit condition contained in any approval or permit issued by any governmental agency, shall submit a haul route notification form to the Town and, where applicable, the haul route notification form shall be accompanied by:
In the event that a volunteer or an applicant and the Town agree to commence negotiations for a road use agreement, the haul route notification form submitted to the Town will be reviewed by the Town's engineering consultant who will examine each segment of the proposed haul route in order to:
Evaluate the Town highways on the proposed haul route for design, geometric, or safety deficiencies, as those deficiencies are defined more fully by the Program Manual; and
Estimate the costs and procedures necessary to upgrade such Town highways on the proposed haul route if the Town's engineering consultant determines that the Town highways on the proposed haul route must be upgraded to accommodate the applicant's truck traffic; and
If available, propose an alternate haul route if required due to design, geometric, or safety deficiencies or if desired by the applicant to minimize estimated upgrade or repair costs to the haul route.
The Municipal Program Manager, in consultation with the Town Highway Superintendent (unless the Highway Superintendent is the appointed Municipal Program Manager), shall undertake a public safety evaluation to identify any potential safety concerns regarding each segment of the proposed haul routes, including, without limitation, school bus routes and areas with significant pedestrian activity, consulting, where appropriate, with local emergency service coordinators and/or local police and fire departments, and proposing mitigation measures to address any safety concerns. For any project, use or activity located within the Town of Bethel, the Municipal Program Manager shall also provide written notice to the volunteer or applicant of the Town's Noise Law and request copies of any emergency response plan prepared in connection with the proposed use or any permits required therefor.
The Town's engineering consultant shall design or approve, in conjunction with the Municipal Program Manager and the Town Highway Superintendent, all structural, geometric, and roadbed upgrades to Town highways necessary to accommodate the truck traffic of the person or applicant. The Town's engineering consultant shall conduct all preuse testing and capacity evaluation of each segment of a haul route that includes a Town highway in accordance with the methods set forth in the Program Manual and the Technical Manual.
The road use agreement will provide that:
The volunteer or applicant will pay for the Town's costs for the work performed by its engineering consultant;
A volunteer or applicant who has completed upgrades to Town highways in accordance herewith will not be responsible for repairing any Town highway listed on the applicant's haul route notification form, provided that:
The actual truck traffic of said volunteer or applicant does not exceed the scope, volume, weight, or trips reported on the haul route notification form submitted by said volunteer or applicant; or
The volunteer or applicant or their respective employees, contractors, agents or representatives do not operate any trucks or vehicles in a negligent or willful manner so as to cause damage to the Town highways.
The road use agreement will provide that in the event that no upgrades have been required and/or made to the Town highways on the proposed haul route and the Town's engineering consultant determines that the applicant's truck traffic caused damage to any Town highway, the volunteer or applicant shall make all such repairs at the expense of said volunteer or applicant. If any haul route segment is on an unpaved Town highway or one which is prone to seasonal deterioration, or likely to suffer sudden failure that would impair the safe travel and usage of such Town highway, the Municipal Program Manager may require that such Town highways be subject to weekly monitoring and that any damage be repaired within five days at the expense of said volunteer or applicant.
The road use agreement will provide that the Town's engineering consultant shall conduct all post-use testing and damage assessment of each segment of a haul route in accordance with the methods set forth in the Program Manual and the Technical Manual. The Town's engineering consultant shall provide an estimate of the cost of repairing any actual damage to Town highways caused by the truck traffic of the volunteer or applicant. Upon receiving the estimate, the volunteer or applicant shall make all such repairs the expense of said volunteer or applicant. Upon the satisfactory completion of the repairs and the approval of such repairs by the Town Highway Superintendent, any unused security shall be returned to the volunteer or applicant as provided in the road use agreement.
The road use agreement shall require that:
The volunteer or applicant or its contractor will:
Indemnify the Town against all liability stemming from the applicant's work; and
Provide the Town with satisfactory evidence of insurance as determined by the Town, including liability insurance naming the Town as additional insured;
All repairs or upgrades to Town highways shall be made in accordance with the street specifications set forth in the Town Code, Chapter A350, unless the Town Highway Superintendent deems said street specifications inapplicable, and other such specifications established by the Town Highway Superintendent and such repairs or upgrades to Town highways must be approved by the Town Highway Superintendent;
The volunteer or applicant shall comply with all applicable laws and regulations; and
The volunteer or applicant or its contractor shall obtain all governmental permits and approvals and obtain any private land rights that are necessary to make any required repairs or upgrades to Town highways.
If the volunteer or applicant does not wish to make such repairs or upgrades to Town highways, or it is determined by the Municipal Program Manager that the volunteer or applicant does not have the necessary capability to make such repairs or upgrades, then, in lieu thereof, the road use agreement may provide that the volunteer or applicant shall pay the Town for the cost of such repairs or upgrades to Town highways and post security in accordance with the requirements of Subsection I of this § 251-8.
Posting of security.
The road use agreement shall provide, among other things, for the posting of security for performance and/or payment required under this § 251-8. Said security shall be in an amount set by the Town Board, and, at the Town Board's discretion, the security may be in the form of:
If the Town's right to collect against any security is contested and the Town prevails, then the volunteer or applicant shall pay the Town an amount sufficient to reimburse the Town for its reasonable costs and expenses in obtaining a judgment, including attorneys' fees.
The road use agreement shall require, to the extent permitted by law, that the volunteer or applicant defend, indemnify, and hold the Town harmless from all losses resulting from injury or death of persons or damage to property arising from the negligently performed upgrades and repairs to Town highways by the volunteer or applicant.
The road use agreement may provide that in the event that any volunteer or applicant makes any upgrades or improvements to any Town highway, the Town reserves the right to require that such improvements be removed at the conclusion of the relevant project, use or activity which generated the truck traffic in question and that the Town highway be restored, to the extent feasible, to its original dimensions and specifications. All removal and restoration shall be performed in accordance with this § 251-8.
All persons who enter into a road use agreement with the Town and faithfully perform their obligations pursuant thereto, do not operate any trucks or vehicles in a negligent or willful manner so as to cause damage to the Town highways, and otherwise comply with applicable law, shall be relieved of any statutory liability for treble damages to the Town under Highway Law § 320.
The requirements of this chapter shall not apply to any trucks or vehicles utilized for any use, project or activity undertaken by the Town notwithstanding whether such use, project or activity is performed by Town employees using Town-owned or leased trucks or vehicles or the Town has procured the services of a third-party contractor to perform such use, project or activity pursuant to contract or agreement with the Town.
The requirements of this chapter shall not apply to any agricultural equipment or vehicle used for agricultural purposes. For the purposes of this § 251-9B, the term "agricultural purposes" shall mean the use of real property for the production of crops and/or livestock and livestock products (as those terms are defined at § 301 of the New York State Agriculture and Markets Law). The exemption provided by this Subsection B of § 251-9 shall not apply to any overweight vehicle nor to any Town highway from which certain trucks or vehicles may be temporarily excluded in accordance with § 251-5 hereof.
The requirements of this chapter shall not apply to any authorized emergency vehicle as that term is defined at § 101 of the Vehicle and Traffic Law, provided said vehicle is owned or operated by a village, town, city, fire district, fire corporation, public authority, or county, state or federal government agency.
The requirements of this chapter shall not apply to any school bus as that term is defined at § 142 of the Vehicle and Traffic Law, provided said vehicle is owned or operated by a school district or under contract with the same. The exemption provided by this Subsection D of § 251-9 shall not apply to any school bus attempting to use a Town highway from which certain trucks or vehicles may be temporarily excluded in accordance with § 251-5 hereof, where applicable.
The Town Board may by resolution exempt an applicant from the requirements of § 251-6 provided that the Town Board makes findings that:
The Town highways to be used by the applicant will be adequately protected and any damage to Town highways will be adequately repaired by virtue of the requirements or conditions imposed upon the applicant in connection with any federal, state, or local permit, approval or agreement, including, without limitation mitigation measures imposed under the National Environmental Policy Act or the State Environmental Quality Review Act.
From time to time, updates to the Program Manual and the Technical Manual may be published. The Town Board may from time to time update or replace any manual referenced in this chapter by adopting a resolution referencing such new or updated manual, and, thereafter, the new or updated manual shall be binding on all persons subject to this chapter.
No approval issued under this chapter, nor any rights granted, nor obligations imposed hereunder or pursuant to any permit or road use agreement may be assigned, conveyed, pledged, or transferred without the express prior written consent of the Municipal Program Manager.
Notwithstanding any approval granted under this chapter or any rights granted under any permit or road use agreement, all Town highways shall be kept passable at all times for all vehicles, including emergency and public safety vehicles. If any truck traffic causes damage to any Town highway such that, in the opinion of the Highway Superintendent, such Town highway is impassable or unsafe for use by the general public, then and in any such event, and regardless of any approval, authorization, or agreement issued or to the contrary, the Highway Superintendent may close such Town highway, as may be permitted under applicable law, and/or require that the same be immediately repaired by the applicant or other person whose use or abuse thereof caused or contributed to the damages or events as gave rise, wholly or partially, to such Highway Superintendent's determination as to closure, damage, safety, or need for repair.
In granting any approval under this chapter or in entering into any road use agreement, the Municipal Program Manager or Town Board, as the case may be, may impose conditions relating to seasonal restrictions or the documentation of road conditions or conditions deemed reasonably necessary to promote, protect, and maintain the safety, health, and general welfare of the public.
Before issuing any approval required under this chapter or before approving any road use agreement, the Town shall comply with the applicable provisions of the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law and its implementing regulations set forth in 6 NYCRR Part 617 (collectively referred to as "SEQRA").
When required by the Town, an applicant must complete and submit an environmental assessment form ("EAF") to the Town.
Environmental review under SEQRA.
For purposes of this chapter or for any road use agreement, the following actions have been determined not to have a significant impact on the environment and do not require any environmental review under SEQRA as a Type II action:
Maintenance or repair of an existing Town highway involving no substantial changes to the Town highway;
Replacement, rehabilitation or reconstruction of a Town highway, in kind, on the same site, unless such action meets or exceeds any of the thresholds for a Type 1 action set forth in 6 NYCRR 617.4;
Repaving of an existing Town highway not involving the addition of new travel lanes;
Openings in the pavement or right-of-way of a Town highway for the purpose of repair or maintenance of existing utility facilities;
Installation of traffic control devices and signs on existing Town highways;
Excluding traffic from any Town highway;
Issuing overweight vehicle and seasonal road use permits; and
Any other applicable actions listed as a Type II action under SEQRA.
All other actions require compliance with SEQRA.
Town Constables are hereby authorized to issue and serve appearance tickets with respect to any violation of this chapter.
All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any violation of this chapter shall be deemed and classified as an unclassified misdemeanor. Each day that a violation continues uncorrected or is resumed shall constitute a separate additional violation. A conviction of a first violation is punishable by a fine of not more than $5,000 or imprisonment not to exceed three months, or both. A conviction of a second violation occurring within a period of five years is punishable by a fine of not less than $5,000 nor more than $10,000 or imprisonment not to exceed six months, or both. A conviction of a third or subsequent violation occurring within a period of five years is punishable by a fine of not less than $10,000 nor more than $25,000 or imprisonment not to exceed nine months, or both.
In addition to the foregoing punishments and penalties, the Town Attorney, or such attorney as may be designated by the Town, may at the request of the Town Board maintain an action or proceeding in the name of the Town and/or the Town Highway Superintendent in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this chapter, and seek any civil damages or penalties or enforce any rights which may be available at law or in equity.
All civil actions seeking treble damages in accordance with Highway Law § 320 shall be recovered by the Town Highway Superintendent in the name of the Town, and any recovery shall be applied by them in improving the highways and bridges in the Town as required by Highway Law § 326.
In lieu of prosecuting a claim under § 251-13C(1) hereof, the Town Highway Superintendent may elect to seek damages for violation of Vehicle and Traffic Law § 385 in an amount as may be necessary to recover the damages sustained, and all funds recovered thereby shall be applied in improving the highways, bridges and culverts in the Town as required by Vehicle and Traffic Law § 393.
In addition to any penalties or other remedies provided for or allowed herein, the Town Highway Superintendent or Municipal Program Manager shall have the right and authority to issue a stop-work order in order to halt any use of or work on one or more Town highways commenced pursuant to a road use agreement or permit that is determined by the Town Highway Superintendent or Municipal Program Manager to pose:
An unreasonable risk to the safety, health, or general welfare of the public, without regard to whether such use of or work on Town highways has been authorized pursuant to a permit or by a road use agreement; or
A risk of imminent harm to Town highways, without regard to whether such use of or work on Town highways has been authorized pursuant to a permit or by a road use agreement.
All stop-work orders shall be in writing, be dated and signed by the Town Highway Superintendent or Municipal Program Manager, state the reason or reasons for issuance, state with specificity the particular use of and/or work on Town highways that must cease and the particular Town highways for which the stop-work order is effective, and, where applicable, state the conditions which must be satisfied before the use of or work on such Town highways shall be permitted to resume.
Service of stop-work order.
The Town Highway Superintendent or Municipal Program Manager shall cause the stop-work order, or a copy thereof, to be served personally or by certified mail on the following persons, where applicable:
The person who has submitted a haul route notification form to the Town and whose use of or work on Town highways is the subject of the stop-work order; and
The person who is a party to a road use agreement with the Town and whose use of or work on Town highways is the subject of the stop-work order; and
Any identifiable contractor, subcontractor, construction superintendent, hauler, or any of their agents, or any other person taking part or assisting in the use of or work on any Town highway that is the subject of the stop-work order.
Notwithstanding the foregoing, the failure to serve any person mentioned above shall not affect the validity or effectiveness of the stop-work order.
Upon the issuance of a stop-work order, all persons performing, taking part, or assisting in the use of or work on any Town highway that is the subject of the stop-work order shall immediately cease all such use of or work on such Town highway. The failure to comply with the terms and conditions of a stop-work order issued hereunder shall constitute a violation of this chapter.
A stop-work order may be rescinded only by:
The Town Highway Superintendent for any stop-work order issued by him or her; or
The Municipal Program Manager for any stop-work order issued by him or her upon receipt of evidence that the conditions or actions that led to the issuance of the stop-work order have been abated or adequately addressed.
The remedies set forth in this § 251-13 shall not be the exclusive remedies available to the Town, and the pursuit of any particular remedy shall be in addition to, and not in substitution, or limitation of, the right and authority to pursue any other remedy or other penalty. In addition to the remedies prescribed herein, if any use of Town highways is made or threatened in violation of the New York Highway Law, the New York Vehicle and Traffic Law, or other chapter of the Town Code of the Town of Bethel, the Town Board may, in the name of and on behalf of the Town, seek all remedies allowed pursuant to such laws or ordinances.
The time periods prescribed herein in which the Town Board, the Municipal Program Manager, the Town Highway Superintendent, other Town official, or the Town's engineering consultant shall act are not of the essence and shall not be construed as imposing a limitation on the time to act.
The term "shall" is mandatory, and the term "may" is permissive. Any word that is gender referenced shall be construed to include all genders and the neuter. Defined words and phrases which are not capitalized shall be presumed to be capitalized and deemed defined words and phrases, unless the context thereof admits or requires otherwise.
The Town hereby retains and reserves all rights it has now or may hereafter have or possess pursuant to the provisions of Subdivision 3 of § 23-0303 of the Environmental Conservation Law (as now exists or as hereafter amended or recodified), to request funds in the manner provided by applicable law from the oil and gas fund to reimburse the Town for costs incurred in repairing damages to any Town highway. No collection or other action or provision of this Chapter 251 shall be construed as prohibiting any application by the Town for reimbursement from such fund, and no right of collection, enforcement, or indemnity contained in this chapter shall be deemed waived, unenforceable, or inapplicable by virtue of the existence of such fund or any application thereto.
In the event that the Town enters into a road use agreement or approves of or issues a permit for an activity that may have a significant negative impact on traffic in any member town of the Sullivan County Multi-Municipal Task Force, the Town shall provide notice thereof to said town if said town has adopted a law, ordinance, regulation or policy under which it will provide similar notice under similar circumstances to the Town.