[HISTORY: Adopted by the Town Board of the Town of Van Buren 2-2-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of the New York Municipal Home Rule Law and Vehicle and Traffic Law § 385(15), which authorizes a town to issue permits to operate or move vehicles, the weights or dimensions of which exceed the limitations provided in § 385, on town roads or highways, similar to those issued by the State of New York relating to the state system of highways.
The purpose of this chapter is to maintain the safety and general welfare of Town of Van Buren residents by regulating commercial activities that have the potential to adversely affect road rights-of-way. Well-maintained roads are important to the economic well-being of the Town. Commercial endeavors, such as timber harvesting, mining, and natural gas drilling, are also economically beneficial. This chapter is not intended to regulate such business, but rather to protect the public roads and rights-of-way from damage.
The Town Engineer is hereby designated as the authority to receive applications for permits to operate or move a vehicle or a combination of vehicles, the weights or dimensions of which exceed the limitations provided in § 385, on Town roads or highways (hereinafter the "permit"). Such permit can only be issued to applicants who are holders of valid New York State hauling or divisible load permits issued pursuant to Subpart 154-2 of Title 17 (Transportation) of the New York Codes, Rules and Regulations. A valid permit must be issued prior to anyone operating such heavy vehicles in the Town.
The Town Engineer is hereby authorized to promulgate an application form requesting a permit and the permit to be issued upon review and approval of said application. Said application shall be accompanied by a short environmental assessment form.
The Town Engineer will produce a pavement evaluation of the Town roads named in the permit application to be used as a baseline for determining damage.
The Town Board may, by resolution, designate and impose such fees as it deems reasonable and appropriate in relation to the issuance of permits under this chapter. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Town Board or its designee, not inconsistent with the terms of the resolution imposing such fees. Fees shall be paid by the applicant at the time of application.
With the exception of normal wear and tear, the permittee is responsible for all damage done to the roadways, ditches, curbs, sidewalks or other improvements and to public utilities in the right-of-way as determined by the Town Engineer. Upon due notice being given to the permittee and at its option, the Town may require the permittee to repair all damage or the Town may arrange for the necessary repairs and charge the permittee for all labor and materials at the prevailing rates. The highway shall be restored and maintained for a period of one year from the date of any repairs.
The permittee shall present to the Town certificates of insurance evidencing the acquisition of liability insurance coverage naming the Town as an additional insured on a noncontributory basis, with the minimum limits of coverage for bodily injury equal to $1,000,000 for each person injured, $3,000,000 for aggregate bodily injury resulting from each occurrence, and $500,000 for property damage.
Said insurance shall be maintained throughout the term of the permit and the aforementioned certificates shall provide for 30 days' notice to the Town prior to cancellation of coverage.
All persons performing work under this permit are to be covered by workers' compensation insurance and disability benefits insurance as required by New York State law.
The permittee shall present to the Town a maintenance bond in the amount of $100,000 and a bank letter of credit in the amount of $10,000 in favor of the Town guaranteeing compliance with the provisions of the permit. The maintenance bond shall be maintained by the permittee for the duration of the permit period. At such time, if ever, that said letter of credit is expended, the permittee shall replace the same within five days of written notice by the Town, failing which the permit shall be subject to revocation.
The permittee will be required to agree to fully indemnify, defend, save and hold harmless the Town of Van Buren and all of its departments, bureaus, divisions, boards, officers and employees from and against any and all claims, costs, damages, expenses, charges, risks, losses, lawsuits, judgments, executions, penalties, fines, assessments or any other liability of any type arising out of, occurring in connection with, or resulting from any and all activity to be performed by the permittee pursuant to this permit.
The Town Engineer and Code Enforcement Officer shall have the right and authority to issue stop work orders to those operating in violation of the terms of the permit or contrary to the permittee's application or conditions upon which its permit was issued.
Upon the violation of any provisions of the permit, the Town may suspend any permit issued hereunder for no more than 30 days and, following a public hearing at which the permittee shall have the right to appear and be heard, may revoke any permit on notice to the permittee.
The permit shall not be assigned or transferred without the written consent of the Town Engineer.
The Town shall be given one week's notice by said permittee of the date when it intends to begin the activity authorized by the permit and prompt notice of its completion. Upon notice of completion, the Town roads designated in the permit will be assessed for damage.
The permit shall remain valid only for so long as the permittee continues to hold a valid New York State hauling or divisible load permit issued pursuant to Subpart 154-2 of Title 17 (Transportation) of the New York Codes, Rules and Regulations.
The permit shall not authorize the holder to exceed the maximum gross weight limit authorized for crossing an R-posted bridge.
Any person who shall operate or move a vehicle or a combination of vehicles, the weights or dimensions of which exceed the limitations provided in Vehicle and Traffic Law § 385, on Town roads or highways without obtaining the permit required hereunder or who shall refuse to make the repairs or pay the charges referenced in § 148-5 herein shall be guilty of a Class A misdemeanor, which shall be punishable by a fine not exceeding $1,000 for each day of such violation.
If any part or provision of this chapter or the application thereof to any person or circumstance 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 chapter or the application thereof to other persons or circumstances, and the Town Board of the Town of Van Buren hereby declares that it would have enacted this chapter or the remainder thereof had such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed.