The Town Board of the Town of Bath has determined that it is
in the best interest of taxpayers and the general public to assign
responsibility for the repair of damage to Town roads attributable
to high-intensity use and, where necessary, for the improvement of
Town roads to a standard appropriate for high-intensity use prior
to the commencement of any activity, to those responsible for the
damage rather than to all Town taxpayers. The purpose of this article
is to maintain the safety and general welfare of Town residents by
regulating heavy uses of Town roads that have the potential to adversely
affect such roads. Well-maintained roads are important to the safety
and economic well-being of the Town and its residents. Endeavors such
as construction, timber harvesting, mining, natural gas drilling,
and wind farms are also of economic interest. This article is not
intended to regulate such businesses; the intent is to protect the
public roads from damage.
As used in this article, the following terms shall have the
meanings indicated:
BOND
A commercial bond to ensure that the condition of the Town
roads is not adversely impacted by high-frequency, high-impact truck
traffic. The Town may accept an equivalent financial guarantee in
lieu of bond.
BOND RELEASE
A bond release given by the Town Highway Superintendent 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
500 truck trips. For purposes of this article, a truck trip is a trip
to or from the project site involving a truck with a gross weight
of 20 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 article 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 article. In the event that 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 article.
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
Any nonpermanent activity that generates high-frequency,
high-impact truck traffic on Town roads, whether or not the project
itself is located in the Town.
A. Projects include, but are not limited to, construction projects,
mining, drilling activities and wind farms. 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 article.
B. Agricultural operations, as defined by New York State's Agricultural
Districts 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 Town Highway Superintendent, in consultation with the Town
Attorney, shall enforce the provisions of this article 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 Town.