This chapter is enacted pursuant to the New York State Constitution,
Art. 9, § 2(c)(6); New York Vehicle and Traffic Law §§ 385,
393 and 1660; New York Municipal Home Rule Law § 10; New
York Statute of Local Governments § 10; New York Highway
Law §§ 320 and 326; and New York Town Law § 130.
As used in this chapter, including all schedules, maps and appendixes
included herein, the following terms shall have the meanings indicated:
APPLICANT
Any person who intends to introduce truck traffic onto any
Town highway and is required to submit, or has submitted, an application
for, or who has received:
A.
Any one of the following federal nationwide permits as amended
and issued by the United States Army Corps of Engineers or jointly
with or by the New York State Department of Environmental Conservation:
Permit 8 (oil and gas structures); Permit 12 (utility line activities);
Permit 13 (bank stabilization), Permit 16 (return water from upland
contained disposal areas); Permit 17 (hydropower projects); Permit
21 (surface coal mining operations); Permit 29 (residential developments);
Permit 33 (temporary construction, access, and dewatering); Permit
38 (cleanup of hazardous and toxic waste); Permit 39 (commercial and
institutional developments); and Permit 44 (mining activities);
B.
Any of the following permits issued by the State of New York:
highway work permit; SPDES permit; waste transporter permit; oil,
natural gas, and solution mining permit, and other mining permits;
authority to transport property (except household goods); and any
permit issued pursuant to § 385 of the Vehicle and Traffic
Law; or
C.
Any of the following permits issued by the County of Sullivan
or the Town of Bethel: sludge disposal permit; mining permit; gravel
mining permit; logging permit, overweight vehicle permit or special
use permit.
GROSS WEIGHT
The weight of a vehicle without load plus the weight of any
load thereon.
HAUL ROUTE
The anticipated route of travel on Town highways of any vehicle
or truck regulated under this chapter or under any road use agreement
authorized by this chapter.
HAUL ROUTE NOTIFICATION FORM
A form submitted to the Town in advance of negotiations with
the Town for a road use agreement which contains, at a minimum, the
following information: the name and address of the applicant, the
date or dates during which the truck traffic is expected, the volume
of truck traffic expected during the time period in question, the
range of weights and dimensions of the trucks in question, a description
of the material comprising the loads to be transported and the anticipated
route of travel, including the ultimate destination of the truck traffic.
MUNICIPAL PROGRAM MANAGER
The person as may, from time to time, be appointed by the
Town Board to fulfill the responsibilities and duties specified for
that title in the Program Manual.
OVERWEIGHT VEHICLE
Any vehicle that exceeds the weight and/or dimension limits
set forth at § 385 of the Vehicle and Traffic Law.
OVERWEIGHT VEHICLE ROUTE SURVEY
A physical survey performed by the applicant or designated
representative, of a route or routes to be taken by an overweight
vehicle within the Town. In conducting this survey the applicant shall
assure that sufficient clearance of all physical objects along the
route or routes exists for the movement or movements to be made and
the roadway or bridge weight limits are not exceeded. With respect
to height clearance, the survey shall guarantee that no portion of
the movement shall be within three inches of any overhead object.
OVERWEIGHT VEHICLE ROUTE SURVEY REPORT
The written report setting forth the findings of an overweight
vehicle route survey. The overweight vehicle route survey report shall
identify:
A.
The number and type of overweight vehicles;
B.
The number of overweight vehicle trips;
C.
The anticipated travel route;
D.
All physical objects along the anticipated travel route;
E.
The roadway or bridge weight limits along the travel route;
F.
All overhead objects along the travel route; and
G.
Any other information that may have a material impact on the
use of any Town highway.
PERSON
Any person, persons, corporation, partnership, limited liability
company, association or other entity.
PROGRAM MANUAL
Road Protection Program Manual, Version 2.0, dated February
2012, prepared by Delta Engineers, Architects & Land Surveyors,
P.C., a copy of which is on file and available at the Town's
offices located at 3454 Route 55 Post Office Box 300, White Lake,
NY 12786-0300.
TECHNICAL MANUAL
Road Protection Program Technical Manual, Version 2.0, dated
February 2012, prepared by Delta Engineers, Architects & Land
Surveyors, P.C., a copy of which is on file and available at the Town's
offices located at 3454 Route 55 Post Office Box 300, White Lake,
NY 12786-0300.
TOWN
The Town of Bethel, Sullivan County, New York.
TOWN BOARD
The duly elected Town Board of the Town of Bethel acting
in its corporate capacity.
TOWN HIGHWAY
Those roads and highways and related appurtenances of the
Town which are owned or maintained by the Town or otherwise exist
as Town highways by dedication or use, including without limitation
roadways, shoulders, guide rails, bridges, tunnels, culverts, sluices,
ditches, swales, sidewalks, or any utilities or improvements therein,
thereon, or thereunder.
TRUCK
Has the meaning set forth at § 158 of the Vehicle
and Traffic Law and shall include, but not be limited to, tractors,
trailers, semi-trailers as those terms are set forth respectively
at § 151-a, § 156 and § 143 of the Vehicle
and Traffic Law. A truck shall also include construction and earth-moving
equipment, drill rigs, seismic trucks, cranes, tow trucks, overweight
vehicles, and all other vehicles which exceed any weight or dimension
limits set forth in this chapter.
TRUCK ROUTE SYSTEM
The schedule of roads comprising the truck route system established
in this chapter.
TRUCK TRAFFIC
All trucks using Town highways for the express purpose of
traveling to the location of a particular use, project or activity
undertaken by an applicant regardless of whether such destination
is within or outside the boundaries of the Town.
VEHICLE
Has the meaning set forth at § 159 of the Vehicle
and Traffic Law.
VOLUNTEER
Any person who voluntarily agrees to enter into negotiations
with the Town for a road use agreement.
From time to time, updates to the Program Manual and the Technical
Manual may be published. The Town Board may from time to time update
or replace any manual referenced in this chapter by adopting a resolution
referencing such new or updated manual, and, thereafter, the new or
updated manual shall be binding on all persons subject to this chapter.
The time periods prescribed herein in which the Town Board,
the Municipal Program Manager, the Town Highway Superintendent, other
Town official, or the Town's engineering consultant shall act
are not of the essence and shall not be construed as imposing a limitation
on the time to act.
The term "shall" is mandatory, and the term "may" is permissive.
Any word that is gender referenced shall be construed to include all
genders and the neuter. Defined words and phrases which are not capitalized
shall be presumed to be capitalized and deemed defined words and phrases,
unless the context thereof admits or requires otherwise.
The Town hereby retains and reserves all rights it has now or may hereafter have or possess pursuant to the provisions of Subdivision 3 of § 23-0303 of the Environmental Conservation Law (as now exists or as hereafter amended or recodified), to request funds in the manner provided by applicable law from the oil and gas fund to reimburse the Town for costs incurred in repairing damages to any Town highway. No collection or other action or provision of this Chapter
251 shall be construed as prohibiting any application by the Town for reimbursement from such fund, and no right of collection, enforcement, or indemnity contained in this chapter shall be deemed waived, unenforceable, or inapplicable by virtue of the existence of such fund or any application thereto.
In the event that the Town enters into a road use agreement
or approves of or issues a permit for an activity that may have a
significant negative impact on traffic in any member town of the Sullivan
County Multi-Municipal Task Force, the Town shall provide notice thereof
to said town if said town has adopted a law, ordinance, regulation
or policy under which it will provide similar notice under similar
circumstances to the Town.