The Town Board of the Town of Union enacts this local law under the
authority granted by § 10 of the New York State Municipal
Home Rule Law, New York State Constitution Article IX, § 2(c)6,
Town Law, specifically subsection 1(ii)(a)(6),[1] which allows towns to adopt local laws regarding the acquisition,
care, management and use of its highways, roads, streets, avenues
and property, and Vehicle and Traffic Law § 1660, which
allows towns to provide for the creation of truck routes, for the
permanent and temporary exclusion of certain traffic and for the adoption
of additional reasonable ordinances and local laws with respect to
traffic as local conditions require.
The purpose of this local law is to maintain the safety and general
welfare of Town residents by regulating high-impact commercial activities
that have the potential to adversely impact Town roads. Well-maintained
roads are important to the economic well-being of the Town. Nothing
contained in this chapter shall be deemed to limit the right to farm
as set forth in Article 25-AA of the New York State Agricultural and
Markets Law. Nothing contained in this chapter shall be deemed to
unlawfully interfere with interstate commerce.
A truck route system upon which all trucks, tractors and tractor-trailer
combinations having a total gross weight in excess of 10,000 pounds
are permitted to travel and operate shall consist of the highways
or portions thereof as described in any schedule that may be filed
with the Town Clerk by the Town Commissioner of Public Works and such
vehicles are hereby excluded from all other highways within the Town
outside of villages pursuant to Vehicle and Traffic Law § 1660,
Subdivision 10. The Town Commissioner of Public Works shall cause
signs to be posted within the Town clearly delineating the through
truck route system established by this chapter and the streets and
roads closed to such traffic.
Notwithstanding the above exclusion, the above shall not be construed
to prevent the delivery or pickup of merchandise or other property
along the highways from which such vehicles and combinations are otherwise
excluded or the use of such highways if the Town Commissioner of Public
Works determines that the use of such highways by such vehicles or
combinations is necessary to assist in the maintenance, service and
repair of highways, sidewalks, sewers and other similar public improvements
or the installation of such.
Pursuant Vehicle and Traffic Law § 1603(e), this Town Board
hereby delegates to the Town Commissioner of Public Works its authority
to designate a truck route system of highways under Vehicle and Traffic
Law § 1660, Subdivision 10.