[HISTORY: Adopted by the Town Board of the Town of Bethel 3-13-2013 by L.L. No.
1-2013. Amendments noted where applicable.]
A.
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.
B.
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:
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:
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);
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
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.
The weight of a vehicle without load plus the weight of any
load thereon.
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.
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.
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.
Any vehicle that exceeds the weight and/or dimension limits
set forth at § 385 of the Vehicle and Traffic Law.
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.
The written report setting forth the findings of an overweight
vehicle route survey. The overweight vehicle route survey report shall
identify:
The number and type of overweight vehicles;
The number of overweight vehicle trips;
The anticipated travel route;
All physical objects along the anticipated travel route;
The roadway or bridge weight limits along the travel route;
All overhead objects along the travel route; and
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.
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.
Any written agreement between the Town and any person for the purposes set forth at § 251-8.
The towns of Tusten, Cochecton, Bethel, Callicoon, Delaware,
Highland, Lumberland and Rockland, all located in Sullivan County,
New York
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.
The duly elected Town Board of the Town of Bethel acting
in its corporate capacity.
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.
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.
The schedule of roads comprising the truck route system established
in this chapter.
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.
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.
B.
Notwithstanding the above exclusion set forth in Subsection A of § 251-4 hereof, said exclusion shall not be construed to prevent:
(1)
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
(2)
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.
C.
Schedule.
(1)
The following roads shall comprise the truck route system established
herein:
|
State Route 17B for its entire length within the Town of Bethel
| |
|
State Route 55 West (a/k/a County Route 13) for its entire length
within the Town of Bethel
| |
|
State Route 55 East (a/k/a County Route 14) for its entire length
within the Town of Bethel
| |
|
County Route 12 for its entire length within the Town of Bethel
| |
|
County Route 26 for its entire length within the Town of Bethel
| |
|
County Route 73 for its entire length within the Town of Bethel
| |
|
County Route 75 for its entire length within the Town of Bethel
| |
|
County Route 83 for its entire length within the Town of Bethel
| |
|
County Route 115 for its entire length within the Town of Bethel
| |
|
County Route 141 for its entire length within the Town of Bethel
| |
|
County Route 144 for its entire length within the Town of Bethel
|
(2)
The truck route system established herein may be modified, but not
eliminated, by duly adopted resolution of the Town Board of the Town
of Bethel.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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:
(1)
The Town Board determines that the permit application is complete
and the permit fee has been paid;
(2)
The applicant has shown that good cause exists for its issuance;
(3)
The applicant has complied with any requirements to provide security
for protection of the Town highways;
(4)
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
(5)
The applicant has complied with any other reasonable pre-permit conditions
requested by the Town Board.
C.
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:
(1)
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
(2)
As otherwise provided in any road use agreement between the parties.
D.
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.
E.
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.
A.
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.
B.
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:
A.
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:
(1)
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
(2)
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
(3)
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.
B.
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[1] and request copies of any emergency response plan prepared
in connection with the proposed use or any permits required therefor.
C.
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.
D.
The road use agreement will provide that:
(1)
The volunteer or applicant will pay for the Town's costs for
the work performed by its engineering consultant;
(3)
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:
(a)
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
(b)
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.
E.
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.
F.
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.
G.
The road use agreement shall require that:
(1)
(2)
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;
(3)
The volunteer or applicant shall comply with all applicable laws
and regulations; and
(4)
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.
H.
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.
I.
Posting of security.
(1)
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:
(2)
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The Town Board may by resolution exempt an applicant from the requirements of § 251-6 provided that the Town Board makes findings that:
(2)
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[1] or the State Environmental Quality Review Act.[2]
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.
A.
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.
B.
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.
C.
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.
A.
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").
B.
When required by the Town, an applicant must complete and submit
an environmental assessment form ("EAF") to the Town.
C.
Environmental review under SEQRA.
(1)
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:
(a)
Maintenance or repair of an existing Town highway involving
no substantial changes to the Town highway;
(b)
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;
(c)
Repaving of an existing Town highway not involving the addition
of new travel lanes;
(d)
Openings in the pavement or right-of-way of a Town highway for
the purpose of repair or maintenance of existing utility facilities;
(e)
Installation of traffic control devices and signs on existing
Town highways;
(f)
Excluding traffic from any Town highway;
(g)
Issuing overweight vehicle and seasonal road use permits; and
(h)
Any other applicable actions listed as a Type II action under
SEQRA.
(2)
All other actions require compliance with SEQRA.
A.
Town Constables are hereby authorized to issue and serve appearance
tickets with respect to any violation of this chapter.
B.
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.
C.
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.
(1)
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.
(2)
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.
D.
Stop-work order.
(1)
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:
(a)
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
(b)
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.
(2)
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.
(3)
Service of stop-work order.
(a)
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:
[1]
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
[2]
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
[3]
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.
(b)
Notwithstanding the foregoing, the failure to serve any person
mentioned above shall not affect the validity or effectiveness of
the stop-work order.
(4)
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.
(5)
A stop-work order may be rescinded only by:
(6)
The Town Highway Superintendent for any stop-work order issued by
him or her; or
(7)
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.
E.
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.
