The Tompkins County Legislature has determined the County is
facing a variety of impending major development efforts that may result
in extraordinary, high-intensity traffic to and from development sites,
causing significant and measurable damage to County roads that jeopardizes
the health and safety of residents and others who use those roads.
Accordingly, the damage that results from high-intensity traffic must
be anticipated, analyzed, and repaired promptly and to appropriate
engineering standards. The Legislature has further determined that
it is in the best interest of taxpayers and the general public to
assign responsibility for the repair of damage to County roads attributable
to such high-intensity use, and, where necessary, for the improvement
of County roads to a standard appropriate for high-intensity use prior
to the commencement of the activity, to those responsible for the
damage rather than to all County taxpayers. The purpose of this chapter
is to maintain the safety and general welfare of County residents
by regulating heavy uses of County roads that have the potential to
adversely affect such roads. Well-maintained roads are important to
the safety and economic well-being of the County and its residents.
Endeavors, such as construction, timber harvesting, mining, and natural
gas drilling are also of economic interest. This chapter is not intended
to regulate such businesses; the intent is to protect the public roads
from damage.
The County is authorized to adopt this chapter by § 1650(4)
of the New York State Vehicle and Traffic Law as well as by the Municipal
Home Rule Law that authorizes the County to adopt local laws to protect
the health and safety of its citizens.
As used in this chapter, the following terms shall have the
meanings indicated:
BOND
A commercial bond to ensure that the condition of the County
roads is not adversely impacted by high-frequency, high-impact truck
traffic. The County Legislature may accept an equivalent financial
guarantee in lieu of bond.
BOND RELEASE
A bond release given by the County Highway Manager based
on satisfactory road conditions at completion of the high-frequency,
high-impact truck traffic.
HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC
Traffic to and from a project site that generates more than
1,000 truck trips. For purposes of this chapter, a truck trip is a
trip to or from the project site involving a truck with a gross weight
of 30 or more tons (truck and load combined). A single truck makes
two truck trips if it meets the weight limit traveling to the project
site and meets the weight limit traveling from the project site.
PERMITTEE
The person responsible under this chapter to obtain a permit
regardless of whether the person in fact obtains a permit. The permittee
is the person responsible for the project generating the truck traffic.
In any instance in which another permit is required, such as a building,
drilling, or mining permit, any person who obtained any such permit
or was required to obtain such other permit shall be deemed the permittee
for purposes of this chapter. In the event no other permit is required,
the owner of any property on which the activity is taking place shall
be deemed the permittee for purposes of this chapter.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate, or any other legal entity whatsoever.
TEMPORARY PROJECT
A.
Any nonpermanent activity that generates high-frequency, high-impact
truck traffic on County roads whether or not the project itself is
located in the County.
B.
Projects include, but are not limited to, construction projects,
mining, and drilling activities. With regard to projects that require
another permit, such as a building, drilling, or mining permit, all
activities covered by that other permit are considered part of the
temporary project for purposes of this chapter.
C.
Agricultural operations as defined by New York State Agricultural
District Law and the movement of agricultural products are excluded.
Also excluded are school buses, law enforcement vehicles, fire-fighting
vehicles, military vehicles, and municipal vehicles engaging in road
work on behalf of municipalities.
The Highway Manager, in consultation with the County Attorney,
shall enforce the provisions of this chapter and all rules, regulations,
and designations made pursuant thereto. Such enforcement shall include
but not be limited to legal or equitable proceedings, including without
limitation an action for specific performance brought in the name
of the County.