[Adopted 6-8-2009 by L.L. No. 1-2009]
A.
The purpose of this article is to maintain the safety and general
welfare of Town residents by regulating commercial activities that
have the potential to adversely affect road rights-of-way.
B.
Well-maintained roads are important to the economic well-being of
the Town. Commercial endeavors, such as timber harvesting, gas and
oil exploration and mining, are also economically beneficial. This
article is not intended to regulate such business. The intent is to
protect the public rights-of-way from damage. The Town Board of the
Town of New Berlin hereby enacts the following Road Preservation Local
Law pursuant to the provisions of the Municipal Home Rule Law.
The New Berlin Town Board delegates to the New Berlin Highway
Superintendent the oversight of assuring that commercial activities
do not have an adverse impact on public rights-of-way.
As used in this article, the following terms shall have the
meanings indicated:
A commercial bond to ensure that the Town roads impacted
by the job are left in as good or better condition at the completion
of the job as they were in at the start of the job.
Final release of the bond by the New Berlin Town Board.
A bond release given by the Town Highway Superintendent based
on satisfactory job-site status at job completion.
The worksheet to be completed by the owner or contractor,
summarizing the job, site location, start and completion dates, expected
maximum gross vehicle weight used for the contract, and any other
items that the Town Highway Superintendent deems necessary.
A commercially contracted activity between Town landowners
and commercial contractors that could impact Town road rights-of-way.
A.
Prior to the start of any contracted activity that could have an
impact on Town rights-of-way, a permit must be obtained. A bond amount
shall be determined by the Town Board and will be listed on the fee
schedule on file with the New Berlin Town Clerk. The amount of the
bond may be changed by the Town Board by resolution. A completed Road
Preservation Local Law (RPLL) Worksheet, available from the Town Clerk
or Town Highway Superintendent, must be submitted to the Highway Superintendent.
B.
The Highway Superintendent will decide if the scope of work is such
that a bond is required. If no bond is needed, the RPLL Worksheet
is approved by the Superintendent and becomes the work permit.
C.
If the Highway Superintendent determines that a bond is required,
the bond must be paid to the Town of New Berlin and remitted to the
Town Supervisor. The worksheet will then be approved by the Highway
Superintendent and becomes the work permit.
D.
Upon completion of the contract, the contractor will apply to the
Highway Superintendent for a preliminary bond release. Upon inspection
of the work site and roadway as necessary, the Highway Superintendent
may approve the release of the bond. If the release is not approved,
the Superintendent will specifically document the tasks that must
be accomplished in order for the bond to be released. In this case,
the contractor will remedy the specified problem items and then reapply
for a bond release. Final bond release must be approved by the Town
Board for repayment of the bond funds.
E.
If the contractor does not comply and operates outside the parameters
as specified on the worksheet, any law enforcement officer or Code
Enforcement Officer has the authority to shut down any operation.
F.
The landowner and/or lessee will be responsible for the repair of
any damages that occur to the Town of New Berlin road rights-of-way
when a project proceeds without a proper permit.
A nonrefundable processing fee as depicted in the Town of New
Berlin Fee Schedule, payable to the Town of New Berlin, must accompany
each worksheet submitted to the Highway Superintendent.
The contractor has the right to appeal to the New Berlin Town
Board.
A.
A request for a variance from the standards set forth in this article
shall be made to the New Berlin Town Board in writing and shall contain
the grounds on which the applicant relies for requesting the variance,
including allegations on any facts on which the appellant will rely.
B.
Where the New Berlin Town Board finds that due to special circumstances of the particular case a waiver of certain requirements as stated in § 130-22 is justified, then a variance may be granted. No variance shall be granted, however, unless the Town Board finds and records in its minutes that:
(1)
Granting the variance would be keeping the intent and spirit of this
article and is in the best interests of the community;
(2)
There are special circumstances involved in the particular case;
(3)
Denying the variance would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed;
(4)
The variance is the minimum necessary to accomplish the purpose.
