This chapter may be cited as the "Town of Dickinson Road Preservation
Law."
The following terms shall have the following meaning in this
chapter.
BLANKET PERMIT
A permit that covers more than one vehicle or truck; which
would be subject to the permitting process. Vehicles or trucks that
are owned, used, rented, leased, hired (including independent contractors)
or in any way utilized for a specific project, site or work location
shall be considered related vehicles and should be the subject of
a blanket permit.
BOND
A commercial bond to ensure that the condition of the Town
roads and/or property impacted by high-frequency truck traffic is
left in a good or better condition at the completion of the project
as they were at the start of the project.
CODE ENFORCEMENT OFFICER
The Building and Code Inspector of the Town, Town Code Enforcement
Officer, or such other Town official who exercises similar building,
code and enforcement powers.
ESCROW
Money put into the custody of a third party for delivery
to a grantee only after the fulfillment of the conditions specified.
HIGH-FREQUENCY TRUCK TRAFFIC
A vehicle or related vehicles that have three or more axles
and which traverse/travel over 100 miles or more of Town roads or
other Town property during any five consecutive days. When calculating
whether a vehicle or related vehicles meet the definition of high-frequency
traffic, 100 miles and five consecutive workdays shall be used for
both individual permits and blanket permits.
LOCAL DELIVERY
Delivery or pickup of merchandise or other property along
the Town roads by high-frequency truck traffic.
OTHER TOWN PROPERTY
Any real property (including any improvements therein, thereon
or thereunder) or personal property owned by, or leased to, the Town.
MOTOR VEHICLES
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
A.
Electrically-driven mobility assistance devices operated or
driven by a person with a disability;
B.
Vehicles which run only upon rails or tracks;
E.
Fire and police vehicles other than ambulances;
F.
Farm-type tractors and all-terrain-type vehicles used exclusively
for agricultural purposes, or for snow plowing, other than for hire,
farm equipment, including self-propelled machines used exclusively
in growing, harvesting or handling farm produce, and self-propelled
caterpillar or crawler-type equipment while being operated on the
contract site.
PERMIT
Approval of an application for a road preservation permit
application. This includes blanket permits, which are preferred, where
there are multiple related vehicles.
PERMITTEE
The holder of a "Road Preservation Vehicle Permit" issued
pursuant to this chapter. Under a blanket permit, this shall include
the holder's contractors, subcontractors, employees and agents.
RELATED VEHICLES
More than one vehicle; including those that are owned, used,
rented, leased, hired (including independent contractors) or in any
way utilized for a specific project, site or work location. When calculating
if related vehicles meet the definition of high-frequency truck traffic,
the number of axles shall be counted on each vehicle separately; however,
the number of miles shall be the combination of all vehicles with
three or more axles.
Road Preservation Local Law Worksheet (Appendix A)
Worksheet to be completed by the potential permittee, summarizing
the project, project location, start and completion dates, expected
maximum gross vehicle weight used for the project, proposed truck
routes, and any other items that the Town Board deems necessary.
TOWN
Town of Dickinson, a municipality located in the County of
Broome, State of New York.
TOWN BOARD
The Town Board of the Town of Dickinson; which is comprised
of the Council persons and Supervisor duly elected.
TOWN CLERK
The duly elected Town Clerk of the Town of Dickinson.
TOWN ROAD
Any Town highway, road, street, avenue, boulevard, parkway,
shoulder guard rail, concourse, driveway, easement, right-of-way,
bridge, culvert, sluice pipe, ditch, dock, tunnel, sidewalk, or any
utilities or improvements therein, thereon or thereunder, outside
of the Village of Dickinson.
TRUCK
Every motor vehicle designed, used, or maintained primarily
for the transportation of property.
VEHICLE
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
A permittee, who has more than one vehicle which qualifies as
high-frequency truck traffic, may request that the Town enter into
a Town-wide road maintenance agreement in lieu of separate permits
for each vehicle(s) or even a blanket permit. Said road maintenance
agreement shall conform to the minimum requirements of this chapter,
would be executed by the Town and the permittee and shall include
such additional terms as are reasonably required by the Town, including
but not limited to insurance, maintenance bond, truck traffic routes,
traffic schedules, inspections and road surveys. All of the vehicles
specifically listed in such agreement, including those owned by the
holder, its agents and subcontractors, shall be deemed to be covered
by such agreement, and upon execution of the agreement the Commissioner
shall issue a blanket permit.
The permittee's obligations hereunder to repair and restore,
the permittee's obligations hereunder to defend, indemnify and
hold harmless, and the permittee's other liability and obligations
hereunder shall not be limited by the limits of any applicable insurance
coverage, highway permit bond, maintenance bond, letter of credit,
comparable bond, escrow account, cash deposit; or rights of the Town
under any New York State or federal law, rule, regulation or statute;
including Subdivision 3 of § 23-0303 of the Environmental
Conservation Law of the State of New York. The permittee's obligations
hereunder to repair and restore, the permittee's obligation hereunder
to defend, indemnify, and hold harmless, and the permittee's
other liability and obligations hereunder shall survive any termination
or revocation of the permit.
The Highway Superintendent and the Building and Code Inspector
shall each have the right and authority to issue stop-work orders
to those operating in violation of the terms of this permit, or contrary
to the permittee's application or conditions upon which its permit
was issued or in violation of this chapter, in law, in violation of
applicable provisions of law.
Upon the violation of any provisions of this permit, or violation
of any provisions of this chapter, or violation of applicable provisions
of law, or violation of any conditions, the Town Board may suspend
any such 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, the Town Board may permanently revoke any permit on
written notice to the permittee.
The Board may hire any consultant and/or expert necessary to
assist the Town Board in reviewing and evaluating the application.
A. The Town requires an applicant to deposit with the Town funds sufficient
to reimburse the Town for all reasonable costs of consultant and expert
evaluation and consultation to the Town Board in connection with the
review of any application. The initial deposit shall be the sum of
$5,000. However, the Town Board may, in its discretion, reduce said
fee upon good cause shown. These funds shall accompany the filing
of an application, and the Town shall maintain a separate escrow account
for all such funds. The Town's consultants/experts shall, in
accordance with an agreement between the Town and its consultants
or experts, bill or invoice the Town not less frequently than monthly
for its services in reviewing the application and performing its duties.
If at any time during the review process this escrow account has a
balance that shall not reasonably cover the cost of the remaining
work of the Town's consultants/experts, the Town will require
applicant to immediately replenish said escrow account in an amount
set by the Town, but not to exceed $2,500. Such additional escrow
funds must be deposited with the Town before any further action or
consideration is taken on the application. If, at the conclusion of
the review process, the cost of such consultant/expert services is
more than the amount escrowed pursuant hereto, the applicant shall
pay the difference to the Town prior to the issuance of any special
permit. In the event that the amount held in escrow by the Town is
more than the amount of the actual billing or invoicing by the Town's
consultants or experts, the difference shall be promptly refunded
to the applicant.
B. A request may be made by the applicant to reduce or eliminate the
funds needed for the consultant/expert escrow. After a recommendation
by the Attorney for the Town, Engineer for the Town and/or any other
consultant/expert engaged by the Town pursuant to this chapter, the
Town Board shall review the request and make a determination based
upon the scope and complexity of the project, the completeness of
the application and other information as may be needed by the Town
Board or its consultant/expert to complete the necessary review and
analysis. Additional escrow funds, as required and requested by the
Town, shall be paid by the applicant. The initial amount of the escrow
deposit may be established by Town Board upon receipt of information
sufficient to make such a determination.
C. As used in this section, the term "costs and expenses" shall be deemed
to include the reasonable fees charged by engineers, consultants and/or
experts hired; reasonable administrative costs and expenses incurred
by the Town in connection with the permitting process and the repair,
restoration and preservation of Town roads and other Town property;
and reasonable legal fees, accountants' fees, engineers' fees,
costs, expenses, disbursements, expert witness fees and other sums
expended by the Town in pursuing any rights, remedies or claims to
which the Town may be entitled under this chapter or under applicable
provisions of law, as against any permittee, any person who has violated
this chapter, any insurance company, any bonding company, any issuer
of a letter of credit, and/or any United States or State of New York
agency, board, department, bureau, commission or official.
D. These funds shall accompany the filing of the application, and the
Town shall maintain a separate escrow account for all such funds.
E. The Town is hereby authorized to withdraw funds from said escrow
account (without prior notice to the permittee) in order to promptly
reimburse the Town for any costs and expenses (as defined herein).
The Town must provide a monthly update as to monies expended from
the escrow account.
F. In the event that there is any balance remaining in the escrow account
as of the date that the Town Board determines that the permit has
expired and further determines that no damages or injuries have been
caused to any Town road or other Town property (and that no discharges
or spills have occurred on any Town road or other Town property) for
which the Town has not been fully reimbursed, the Town shall pay to
the permittee the balance remaining in the escrow account.
All requests for a waiver from the standards set forth in this
chapter shall be made to the Town of Dickinson Town Board in writing
and shall contain the grounds on which the appellant relies for requesting
the waiver, including all allegations on any facts on which the appellant
will rely. Where the Town Board finds that due to special circumstances
of the particular case a waiver of certain requirements is justified,
then a waiver may be granted. No waiver shall be granted, however,
unless the Town Board finds and records in its minutes that:
A. Granting the waiver would be keeping the intent and spirit of this
chapter and is in the best interests of the community;
B. There are special circumstances involved in the particular case;
C. Denying the waiver would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed;
D. The waiver is the minimum necessary to accomplish the purpose.
When applicable, the Town shall at all times comply with applicable
provisions of the Environmental Conservation Law of the State of New
York and applicable provisions of the state environmental quality
review regulations (6 NYCRR Part 617) (hereinafter "SEQRA").