[HISTORY: Adopted by the Town Board of the Town of Richmond
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 186.
[Adopted 4-4-2015 by 4-14-2015]
The Town Board of the Town of Richmond finds and determines
that safe and well-maintained roadways are critical to the safety,
health and general welfare of the Town and its residents. The Town
Board further finds that concentrated, dense and highly impactful
traffic, typically including large and heavy trucks, equipment and
similar vehicles that are related to construction or excavation activities,
carries with it a distinct risk of damaging the town roadways beyond
typical, baseline traffic that generates typical wear and tear. 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. The Town Board
finds that it is in the best interest of the public of the Town of
Richmond to protect its roadways, and thus its citizens, from such
damage. As a result, the Town Board implements this article such that
concentrated, dense and highly impactful traffic shall be identified
and regulated such that any potential damage to town roadways resulting
therefrom beyond typical wear and tear is mitigated or otherwise prevented.
The Town Board has further determined that such damage can be reliably
measured using recognized engineering standards published by AASHTO.
This article gives the Town the opportunity to work with the traffic
generator and the community to establish truck routes that take into
account current conditions as well as the characteristics of the traffic
being generated to allow reasonable use of town roads while at the
same time minimize impacts to this public resource and the community
as a whole.
A.
The article is authorized pursuant to New York Municipal Home Rule
Law at § 10 and New York Vehicle and Traffic Law at § 1660,
which establishes authority for towns in New York to designate truck
routes.
B.
This article shall apply to all high-impact traffic within the Town
of Richmond regardless of the origin of said traffic, except that
this article shall not apply to high-impact traffic traveling exclusively
on New York State or federal roads and highways.
C.
The requirements of this article as well as all determinations made
by the Town pursuant to this article shall apply to the traffic generator
as well as associated businesses, contractors, subcontractors, employees
and agents that contribute to the subject high-impact traffic.
A.
The purpose of this article is to establish a reasoned process for
the Town of Richmond to:
(1)
Identify land uses and related activities that generate high-impact
traffic;
(2)
Establish a process whereby the Town Board can, based on current
conditions, identify acceptable routes for high-impact traffic and
thereby allow reasonable use of roads in the Town using authority
granted in the New York State Constitution, Article 9, § 2(c)(6);
New York Vehicle and Traffic Law §§ 1604 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;
(3)
Encourage coordination between affected municipalities;
(4)
Prevent damage to Town infrastructure, including roads, bridges,
and related improvements, from high-impact traffic;
(5)
Minimize threats to public safety that would be caused by high-impact
traffic;
(6)
Establish sureties and a process for repairing town roads damaged
by high-impact traffic.
B.
This article is not intended to supersede any part of New York State
law or to directly regulate or prohibit land uses that generate high-impact
traffic.
As used in this article, the following terms shall have the
meanings indicated:
Recurring ambient traffic that does not include high-impact
traffic. Such baseline traffic typically includes traffic which is
generated locally as a result of local residents or local business
and may also include pass-through traffic related to businesses and
residents located near, but outside of, the Town. Baseline traffic
results from normal, daily activities of local Town residents and
business. Notwithstanding the above, baseline traffic does not include
high-impact traffic.
Activity that results in material and significant disturbance
of land, such that land is moved, drilled into, extracted from, built
up, or otherwise disturbed. Development activity typically includes
heavy trucks, equipment and related vehicles. Development activity
does not include agricultural related activities as set forth in New
York Agriculture and Markets Law.
Land uses and activities that involve large-scale assembly,
fabrication, finishing, manufacturing, processing, packaging, storage
and transport of goods as well resource extraction and processing.
Activities that involve the regular and prolonged use of
town roads and generate 20 or more trips/day on seven or more days
in a month by vehicles exceeding a weight of 10,000 pounds. This does
not include public transit and traffic related to road repair, maintenance,
and emergency service response. (Source: 2006 ITE manual, which estimates
generation of about 10 trips during the weekday peak hour for general
industrial uses of 10,000 square feet or 5ac. An a.m. and p.m. peak
hour are assumed for the purposes of this threshold. Ten thousand
pounds is the weight referenced in New York State Vehicle and Traffic
Law, § 1660, Subdivision (a)10, which allows for establishment
of truck routes based on vehicle weight.)
Traffic on town roads related to heavy trucking, development
activity or heavy industry that is not baseline traffic and which
will likely exceed the anticipated normal wear and tear on town roads.
The Highway Superintendent of the Town of Richmond.
Deterioration of town roads beyond that caused by baseline
traffic.
Roads, bridges, culverts and all other related improvements
owned and maintained by the Town of Richmond.
Vehicles operating on town roads.
The person or entity proposing to direct traffic onto town
roads.
A.
A traffic generator directing traffic onto town roads before adoption
of this article shall be subject to the requirements of this article
only after it has been determined by the Town Highway Superintendent
that the subject traffic is generated by development activity or heavy
industry or qualifies as heavy trucking as defined in this article,
and:
(1)
Said traffic is causing ongoing material damage to town roads or
has created a clear and documented threat to public safety, and
(2)
Establishment of an alternate truck route and application of other
requirements of this article is warranted to address the subject ongoing
material damage and/or safety issues.
When an application is made to the Town for a special use permit,
change of use, variance, site plan, or subdivision, the reviewing
body shall consider whether such application implicates the provisions
herein and if so shall refer the applicant to the Town Highway Superintendent,
who shall assess the need for a high-impact traffic analysis and further
compliance with the provisions herein.
Prior to directing heavy trucking related to development activity
or heavy industry onto town roads, the traffic generator must submit
a high-impact traffic analysis to the Town Highway Superintendent,
who shall review said analysis and make a determination in compliance
with this article.
A.
The high-impact traffic analysis shall include the following information:
(1)
Number of trucks involved.
(2)
Weight of trucks involved.
(3)
Number of trips per truck per day, week, month and/or year.
(4)
The location of the activity generating the traffic.
(5)
The type of activity.
(6)
The hours of the activity.
(7)
The proposed route of the traffic, within 50 miles of the Town of
Richmond.
(8)
Within the Town of Richmond:
(a)
Condition and capacity of roads, bridges and related improvements
along the proposed route.
(b)
Status and details regarding the baseline traffic on such route.
(c)
Capacity for additional vehicles on such route.
(d)
Capacity for additional weight on the roads for such route.
(e)
Types of residences, business, etc., present along such route.
(f)
Condition of the roadway on such route.
(g)
Activities occurring on such route or which are planned to occur
in the future on such route.
(9)
The proposed route within adjoining municipalities.
(10)
A description of what is being transported.
(11)
The duration of high-impact traffic (temporary for a period
of weeks versus permanent, etc.).
(12)
A list of all other required permits.
(13)
Any other information determined by the Town Highway Superintendent
as necessary to determine compliance with this article.
B.
Referrals.
(1)
Before making a determination pursuant to Subsection D of this section, the Town Highway Superintendent shall refer a copy of the completed high-impact traffic analysis to the following outside agencies for review and comment:
(2)
The Town Highway Superintendent shall wait a minimum of 30 days from
the date of referral for responses from outside agencies.
C.
Town Highway Superintendent review. Within 60 days of submission
of a completed analysis, the Town Highway Superintendent shall determine
if the land use or activity will result in high-impact traffic.
(1)
This determination shall be supported by findings that document the
review process and provide a reasoned basis for the determination.
(2)
A copy of the findings and determination shall be forwarded to the
applicant.
(3)
The time to make a determination may be extended by mutual agreement
of the Town Highway Superintendent and the traffic generator.
D.
Negative determination. Should the Town Highway Superintendent determine
that such activity will not result in high-impact traffic on town
roads, the traffic generator will not be subject to any further provisions
herein related to high-impact traffic. However, should the activity
of the traffic generator materially change after a negative determination,
the traffic generator may be required to submit a second high-impact
traffic analysis and undergo further review.
G.
Appeal. A determination made pursuant to Subsections D and E of this article shall be appealable to the Town Zoning Board of Appeals for no more than 30 days after the subject determination.
Where the Town Highway Superintendent has made a positive determination
of high-impact traffic, the following provisions shall be followed
to establish an acceptable truck route for said traffic:
A.
The traffic generator shall set forth and submit to the Town Board
a proposed truck route that best mitigates any potential damage to
town roadways and minimizes threats to public safety. The proposed
truck route shall:
(1)
Be designated on a map accompanied by a list of the road segments
to be used; and
(2)
Include justification for the proposed route, including a description
of capacity of the roads and bridges to be impacted; and
(3)
An assessment of alternatives; and
(4)
Describe any needed improvements to town roads and include an associated
cost for completion; and
(5)
Describe potential damage to town roads and estimate the cost for
repair of same.
B.
Referrals.
(1)
Before making a determination pursuant to Subsection E of this section, the Town Board shall refer a copy of the proposed truck route and all accompanying information to the following outside agencies for review and comment:
(2)
The Town Board shall wait a minimum of 30 days from the date of referral
for responses from outside agencies.
C.
The Highway Superintendent shall examine the proposed truck route
(including pre-use testing) in order to make a recommendation to the
Town Board, which shall include:
(1)
An evaluation of the impacted town roads and whether the proposed
haul route has the capacity to safely accommodate the anticipated
traffic; and
(2)
Recommended changes to the proposed route, along with justification
therefor; an emphasis should be placed on establishing the shortest
and safest route to the network of county, state, and federal roads
and highways; and
(3)
An evaluation of needed improvements to town roads and the cost for
completion; and
(4)
An evaluation of potential damage to town roads and the cost for
repair.
D.
The Highway Superintendent may consult with the Town Engineer and
other experts as needed to establish a rational basis for the recommendation
to the Town Board.
E.
Within 60 days of receiving the proposed truck route from the traffic
generator, the Town Board shall make a determination that establishes
a route to be utilized by the proposed high-impact traffic and describes
improvements to be required. The determination shall be supported
by findings. The sixty-day time limit may be extended by mutual agreement
of the Town Board and the traffic generator.
Upon report or discovery of material damage to town roads resulting
from the subject high-impact traffic, every month or once the activity
has concluded, whichever comes sooner, the Town Highway Superintendent
shall conduct post-use testing on the truck route and shall document
results of the same. The Town Highway Superintendent shall document
any damage and shall provide to the Town Board an estimate to repair
the same.
A.
The traffic generator shall be responsible for the cost of any repairs
or upgrades required and made by the Town or its agents as a result
of the high-impact traffic:
(1)
To the extent security and/or surety bond has been provided in relation
to these costs, the Town will collect the cost of such repairs and
upgrades against such security and/or surety bond upon discovery of
the immediate need for repair or upgrade, every six months, or upon
the termination of the activity, whichever occurs first.
(2)
Where such security and/or surety bond is depleted, the traffic generator
shall be required to, within 10 days of notice, provide further security
in an amount deemed sufficient by the Town Highway Superintendent.
B.
Administrative expenses.
(1)
The traffic generator shall also be responsible for reimbursing the
Town for all reasonable and necessary expenses in connection with
the administration of this article, including, but not limited to:
(a)
Development of the high-impact traffic analysis; and
(b)
Engineering expenses, including expenses incurred in pre- and
post-use analysis, haul route analysis, preparation of expenses and
reports; and
(c)
Legal consultant expenses; and
(d)
Any other expenses related to this article.
(e)
Such costs shall be paid to the Town within 30 days of a request
from the Town for payment thereon.
A.
In lieu of the provisions set forth herein, a traffic generator may
enter into a road use agreement with the Town Board upon findings
by the Highway Superintendent that the proposed road use agreement
will provide the same or greater protection and damage mitigation
than would otherwise be provided by compliance with the provisions
herein.
A.
The Town Highway Superintendent, and any law enforcement officer
with jurisdiction, shall have reasonable access to properties and
operations for the purpose of assessing compliance with this article
and to issue appearance tickets in connection with the violation of
this article.
B.
Should the applicant fail to fully comply with any provision of this
article, the Town will utilize the full force of the law to protect
its citizenry and roadways, including seeking treble damages for damaged
roads as authorized by New York State Vehicle and Traffic Law.
C.
Each separate vehicle involved in violating this article shall be
a separate violation. Further, each day of violation shall constitute
a separate violation.
D.
All provisions of New York law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this article.
A conviction of any violation of this article shall be deemed and
classified as an unclassified misdemeanor. Each week that a violation
continues uncorrected or is resumed shall constitute a separate additional
violation. The first conviction in a year of a violation or set of
violations of this article shall carry with it a fine of $150 per
violation.
E.
The second conviction in a year of a violation or set of violations
of this article shall carry with it a fine of $300 per violation or
imprisonment not to exceed six months, or both.
F.
The third conviction in a year of a violation or set of violations
of this article shall carry with it a fine of $600 per violation or
imprisonment not to exceed nine months, or both.
G.
In addition to the foregoing, the Town may institute a proceeding
to compel compliance with or retain by injunction any violation of
this article.
H.
Further, the Town may institute a lawsuit to collect actual damages
suffered by the Town as a result of violation of this article.
I.
In addition to any punishments, penalties or other remedies provided
for or allowed herein, the Town Highway Superintendent 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 that is determined
by the Town Highway Superintendent to:
(1)
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 this article or by a road
use agreement; or
(2)
Pose 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 this article or by a road use agreement; or
(3)
Be contrary to any applicable provision of this article.
J.
All stop-work orders shall be in writing, be dated and signed by
the Town Highway Superintendent, 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, set forth the conditions
which must be satisfied before the use of or work on such town highways
shall be permitted to resume.
K.
A stop-work order may be rescinded only by the Highway Superintendent
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.
If any part or provision of this article or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision or application directly
involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder
of this article or the application thereof to other persons or circumstances.
[Adopted 9-11-2018 by L.L. No. 5-2018]
Pursuant to the authority granted by the New York State Vehicle
and Traffic Law § 1660, the Town of Richmond hereby ordains
and enacts the following legislation to establish a system of truck
routes:
A.
A truck route system, providing suitable connection with all state
routes entering or leaving the Town of Richmond, upon which all trucks,
tractors and tractor-trailer combinations having a total gross weight
in excess of 10,000 pounds are permitted to travel and operate shall
consist of the highways or portions thereof as described in any schedule
that may be filed with the Town Clerk by the Town Highway Superintendent
and such vehicles are hereby excluded from all other highways within
the Town outside of villages pursuant to New York State Vehicle and
Traffic Law § 1660(a)10.
B.
Notwithstanding the above exclusion, the above shall not be construed
to prevent the delivery or pickup of merchandise or other property
along the highways from which such vehicles and combinations are otherwise
excluded or the use of such highways if the town superintendent of
highways determines that the use of such highways by such vehicles
or combinations is necessary to assist in the maintenance, service
and repair of highways, sidewalks, sewers and other similar public
improvements or the installation of such. Nothing contained in this
chapter shall be deemed to limit the right to farm as set forth in
Article 25-AA of the New York State Agricultural and Markets Law.
Nothing contained in this chapter shall be deemed to unlawfully interfere
with interstate commerce.
C.
Pursuant to New York State Vehicle and Traffic Law § 1603(e),
this Town Board hereby delegates to the Town Highway Superintendent
its authority to designate the truck route system of highways authorized
by this article.
D.
Signs identifying the truck route system established by the Town
Highway Superintendent, as authorized by this article, shall be posted
on both sides of the affected streets and highways in locations to
afford proper notice of the established truck route system.
E.
Enforcement of any truck route system established pursuant to this
article shall be by any Ontario County or New York State law enforcement
officer.
F.
Violations of any truck route system established pursuant to this
article shall constitute a traffic infraction punishable as provided
in the New York State Vehicle and Traffic Law.
