A.
The purpose of this article is to maintain the safety and general
welfare of Town residents by regulating high-frequency, high-impact
traffic that have the potential to adversely impact Town highways
and properties. The Town Board recognizes that well-maintained highways
are important to the safety and economic well being of the Town and
its residents. Such board also understands that endeavors such as
but not limited to construction, timber harvesting, mining, wind energy
conversions systems, telecommunication facilities and natural resource
exploration and extraction are also of economic interest. For these
reasons, this article is not intended to regulate such endeavors but
to protect Town highways and properties from damage due to activities
that typically require the use of high-frequency, high-impact traffic.
B.
Exemption(s). Any exemption provided by or granted under the terms
of this section shall not relieve any person from the terms of § 320
of the Highway Law of the State of New York unless otherwise expressly
provided by an agreement to which the Town Board is a signatory. This
article shall not be construed to prevent:
(1)
The delivery or pickup of local merchandise or other property along
Town highways from which high-frequency, high-impact traffic are otherwise
excluded.
(2)
The use of Town highways by agricultural equipment and vehicles used
in conjunction with a farm operation.
(3)
The use of Town highways by any school bus as that term is defined
at § 142 of the Vehicle and Traffic Law of the State of
New York, provided said vehicle is owned or operated by a school district
or under contract with the same.
(4)
The use of Town highways by high-frequency, high-impact traffic that
is deemed necessary by the Town Highway Superintendent to assist in
the maintenance, service and repair of highways, sidewalks, sewers
and other similar improvements or the installation of such.
(5)
The use of Town highways for any emergency operation, fire, emergency
ambulance service vehicle, environmental emergency response vehicle,
hazardous materials emergency vehicle or police vehicle as defined
in Article 1 of the Vehicle and Traffic Law of the State of New York.
(6)
The use of Town highways by any or all motor vehicles needed to assist
in an emergency condition in order to protect health, life, property
and/or safety.
(7)
The Town Board exempting, by resolution, an applicant whose project
involves high-frequency, high-impact traffic from the requirements
of this article provided that the Town Board makes findings that any
exemption granted:
(a)
Does not appreciably impact the health, safety and welfare of
the community;
(b)
Does not significantly impact the quality of life of the citizens
of the Town; and
(c)
The Town highways to be used by high-frequency, high-impact
traffic 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]
It shall be a violation of this chapter for any person or entity
utilizing high-frequency, high-impact traffic on any Town highway
without first obtaining a highway preservation use and repair agreement
from the Town Board unless such action is exempt pursuant to this
article.
The use of Town highways by high-frequency, high-impact traffic
and the highway preservation use and repair agreement shall conform
to the same policies and standards that have been adopted by the Yates
County Highway Department and any other applicable provisions of this
chapter.
The provisions contained within this section are intended to
serve as supplemental requirements to the policies and standards of
the Yates County Highway Department in order to protect the public
health, safety and general welfare insofar as they are affected by
high-frequency, high-impact traffic. These regulations shall supplement
and not replace the applicable provisions established within the policies
and standards of the Yates County Highway Department.
A.
Defense and indemnification clause. The highway preservation use
and repair agreement shall require, to the extent permitted by law,
that the 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 applicant.
B.
Determination of final repairs. The Town Highway Superintendent,
in consultation with other transportation officials and the Town Engineer,
shall examine the post-use report and compare it to the pre-use report.
Based on the data, field inspections, structural evaluations or any
other supporting documentation, such superintendent shall determine
the need for any repairs and shall prepare a report of the needed
repairs that includes the treatment for each highway segment and the
total estimated cost of the repair. A copy of this report shall be
provided to the Town Board and the applicant. Such report shall be
prepared at the applicant's expense.
C.
Highways kept passable. Notwithstanding any approval granted under
this chapter or any rights granted under any permit or highway preservation
use and repair 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 Town 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 Town 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 Town
Highway Superintendent's determination as to closure, damage,
safety, or need for repair.
D.
Public notice. The applicant shall advertise a public notice describing
the designated haul route as well as the commencement date and completion
date of the project. Such notice shall be printed in a newspaper of
general circulation in the Town at least 62 days prior to the commencement
date of the project.
E.
Public safety evaluation. The Town Engineer, in consultation with
the Town Highway Superintendent, shall undertake a public safety evaluation
to identify any potential safety concerns regarding each segment of
the proposed designated haul routes, including, without limitation,
school bus routes and areas with significant pedestrian activity,
consulting, where appropriate, with local emergency service coordinators,
school districts and/or local police and fire departments, and proposing
mitigation measures to address any safety concerns. For any project,
use or activity utilizing high frequency, high-impact traffic within
the Town, the Town Highway Superintendent shall request copies of
any emergency response plan prepared in connection with the proposed
use or any permits required therefor.
F.
Rights retained and reserved. 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 of the State of New York 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 article 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.
G.
Time constraint. High-frequency, high-impact traffic shall only utilize
designated haul routes between the hours of 7:00 a.m. to 4:00 p.m.
on weekdays. Such constraint is authorized pursuant to Subdivision
28 of § 1660 of the Vehicle and Traffic Law of the State
of New York.
