[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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
The permit shall not be assigned or transferred without the written
consent of the Town Engineer.
B.
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.
C.
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.
D.
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.
