[Adopted 5-13-2013 by L.L. No. 4-2013]
The Town of Ithaca Town Board has determined that potential
major development projects may result in extraordinary, high-intensity
traffic to and from development sites, causing significant and measurable
damage to Town roads that jeopardizes the health and safety of residents
and others who use those roads. Accordingly, the damage that results
from high-intensity traffic must be anticipated, analyzed, and repaired
promptly and to appropriate engineering standards. The Town Board
has further 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 such 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 the 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.
The Town is authorized to adopt this article by New York State
Vehicle and Traffic Law § 1660, New York State Municipal
Home Rule Law § 10, and New York State Town Law § 130.
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 Board may accept an equivalent financial guarantee
in lieu of bond.
A bond release given by the Town Highway Superintendent based
on satisfactory road conditions at completion of the high-frequency,
high-impact truck traffic project.
Traffic to and from a temporary project site that generates
more than 500 truck trips. For purposes of this article, a truck trip
is a trip to or from the temporary project site involving a truck
with a gross weight of 30 or more tons (truck and load combined).
A single truck makes two truck trips if it meets the weight limit
traveling to the temporary project site and meets the weight limit
traveling from the temporary project site.
The Superintendent of Highways of the Town of Ithaca, or
his or her designee.
The permittee is 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.
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, partnership,
association, firm, trust, estate, or any other legal entity whatsoever.
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. This term includes, but is not limited
to, land disturbance preparatory to and during site development, construction
activities, mining, and oil and natural gas exploration and drilling
activities. 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. Farm operations and the movement of
farm products, as defined by New York State Agriculture and Markets
Law §§ 301 and 2, respectively, are excluded. Also
excluded are vehicles necessary to the functions of government, including,
but not limited to, school buses, law enforcement vehicles, firefighting
vehicles, military vehicles, and municipal vehicles engaging in road
work on behalf of municipalities.
Roads shown as Town of Ithaca roads on the Town of Ithaca's
Official Map, as it may be updated from time to time. This term includes
the improved and unimproved lanes of travel of any Town road, plus
all related improvements and appurtenances, including, but not limited
to, ditches, swales, culverts, bridges, tunnels, shoulders, guardrails,
signs, concourses, driveways, easements, rights-of-way, sluice pipes,
sidewalks, and any utilities or improvements therein, thereon or thereunder,
regardless of whether such road is a highway by use, by implication,
or by dedication. Further, as to any dedicated Town road, the whole
of the Town's title in fee and any improvements in, on or under
the dedicated property, including trees, plants, and all lateral and
subjacent rights in support, shall be deemed a part of the Town road.
A.
Pursuant to New York Vehicle and Traffic Law § 1603(e),
the Town Board delegates to the Highway Superintendent the following
powers granted to town boards under New York Vehicle and Traffic Law
§ 1660(a)(11): temporary exclusion from any portion of any
Town highway of any vehicle with a gross weight of over four or more
tons, when in his or her opinion such road would be materially injured
by the operation of any such vehicle thereon; the erection of signs
on the section of highway from which such vehicles are excluded; and
the issuance of permits providing appropriate exemptions to such vehicles,
if it is deemed that such vehicles are providing essential local pickup
or delivery service and that a failure to grant such permit would
create hardship.
B.
The Highway Superintendent may make a determination that a temporary
project may generate high-frequency, high-impact truck traffic that
will materially injure a Town highway and that such traffic should
be temporarily excluded from the portions of Town highways that would
be so injured. In making a determination whether such traffic will
materially injure a Town highway, the Highway Superintendent shall
consider, among other things, the condition of the highway, the amount
of high-frequency, high-impact truck traffic the project is expected
to generate, trip frequencies, vehicle and load weights, and the latest
design standards of the American Association of State Highway and
Transportation Officials.
C.
Upon a determination by the Highway Superintendent that a temporary
project may generate high-frequency, high-impact truck traffic that
will materially injure a Town highway, the Highway Superintendent
shall erect signs on the appropriate sections of such Town highways
setting forth a notice that such vehicles are excluded, and the notice
shall also be published in the official newspaper of the Town.
D.
Any permittee may apply to the Highway Superintendent for a permit
providing for an appropriate exemption for the vehicles serving the
temporary project. Such permit shall be granted, upon appropriate
terms and conditions, if the Highway Superintendent determines that
the vehicles are performing essential local pickup or delivery service
and that a failure to grant such permit would create hardship.
E.
Any such permit shall designate the route(s) to be traversed and
contain other reasonable restrictions or conditions deemed necessary
by the Highway Superintendent. The conditions may include, but not
be limited to, requiring the permittee to make road improvements to
ensure that the roads have the strength and capacity to handle the
anticipated traffic. The permit shall be carried on all vehicles serving
the project and shall be open to inspection by any peace officer,
acting pursuant to his or her special duties, or police officer. Such
permit shall be for the duration of the temporary project.
F.
In order to obtain a permit, the permittee must submit a permit application
to the Highway Department, which shall include all information required
by the Highway Superintendent, including, but not limited to: vehicle
identification and owners/operators; vehicle weights; load weights;
materials carried; routes to be followed from state, county and Town
highways to the site; duration of activity (beginning date and end
date); frequency of trips; and times of operation. The applicant shall
pay a permit fee to be established by the Town Board according to
its Fee Schedule, as amended from time to time.
G.
The Highway Superintendent may require the permittee to submit documentation
(including, but not limited to, photographs and videos) and inspection
reports prepared by a licensed professional engineer regarding the
condition of the roads, shoulders, and all structures (culverts, bridges,
etc.) that will be traversed by the permitted traffic as a condition
of the permit.
H.
In addition to the restrictions on routes and other reasonable restrictions,
the Highway Superintendent will decide if the scope of work is such
that a bond is required, and the amount and terms of any such bond.
The determination of the need for and amount of any bond shall be
based on a determination of potential damage to Town roads based on
the truck routes, weight of the vehicles, frequency of travel, seasonal
conditions and the type category (classification) of the roads on
the approved routes.
I.
A permittee aggrieved by a determination of the Highway Superintendent
regarding the need for or conditions of a permit may, within 10 days
of receipt of the determination, appeal to the Town Board. No action
inconsistent with the determination of the Highway Superintendent
shall take place pending the determination of the Town Board. The
permittee shall make its appeal by delivering to the Town Clerk at
the Town offices an appeal requesting a reconsideration and administrative
hearing before the Town Board. Such appeal shall state the basis for
the request for reconsideration and shall be accompanied by any supporting
materials. Failure to serve such an appeal within 10 days shall be
deemed a waiver of any claim or defense that the determination is
not appropriate and valid. If the appeal is timely filed, the Town
Board shall, within 40 days of the filing, hold a hearing and, based
upon any relevant materials presented by the Town and the appellant,
shall issue a resolution deciding the appeal within 30 days after
the hearing. Such resolution shall be filed with the Town Clerk, who
shall arrange for delivery of a copy of the decision to the appellant,
within five days after such filing, at the address for such person
designated in the appeal or at such other address as the appellant
may thereafter designate in writing to the Town Clerk. The Town Board's
decision after the hearing shall constitute a final agency action.
J.
The permittee shall be responsible for assuring that the high-frequency,
high-impact truck traffic does not prevent any impacted Town road
from remaining in a safe and usable condition for all legal uses of
the road throughout the duration of the project. If the permittee
fails to meet this obligation, the Town may utilize bond funds to
assure impacted Town roads remain in a safe and usable condition for
all legal uses of the road throughout the duration of the project.
K.
Upon completion of the high-frequency, high-impact truck traffic
project, the permittee will apply to the Highway Superintendent for
a bond release. Upon inspection of the traveled roads, as necessary,
the Highway Superintendent may approve the release of the bond. If
the release is not approved, the Highway Superintendent will specifically
document the tasks that must be accomplished in order for the bond
to be released, which may include, but not be limited to, the payment
of money for the repair to damaged roads based upon then-current roadway
construction costs. The permittee must remedy all of the specified
problems before the bond may be released. If the permittee fails to
remedy all of the specified problems, the Town may utilize the bond
funds to do so. The Highway Superintendent shall use the latest design
standards of the American Association of State Highway and Transportation
Officials to determine what repairs need to be completed on the traveled
roads to remediate any road deterioration attributable to the permittee's
high-frequency, high-impact truck traffic.
L.
If the permittee does not comply with this article and all the terms
and conditions of the permit and does not operate within the parameters
specified on the permit, the permit may be revoked at the discretion
of the Highway Superintendent. In the event that high-frequency, high-impact
truck traffic uses any Town roads without the required valid permit,
the Highway Superintendent, or any law enforcement officer or Code
Enforcement Officer, has the authority to deny access to the roads
and, in cases where a Town permit was required, to shut down the project.
This relief is in addition to any and all damages and penalties.
M.
The permittee will be responsible for the repair of any damages that
occur to any Town road when a project proceeds with or without a proper
permit, as well as for all fines and penalties specified in this article.
N.
In lieu of obtaining a permit, any person who may be responsible
to obtain a permit may enter into a road use agreement with the Town,
although the Town has no obligation to enter into such an agreement.
In such case, the requirements shall be governed by the agreement,
rather than by permit conditions. The terms of the road use agreement
shall be negotiated between the permittee and the Highway Superintendent,
shall address issues relating to insurance, bonds, routes, schedules,
inspections, road surveys, indemnification and road repairs, as well
as such other issues as the Highway Superintendent may identify, and
must be approved by the Town Board before it becomes effective.
A.
Any person who violates this article shall be guilty of a violation
and subject to a fine of not more than $500 and/or imprisonment for
not more than 15 days. Each and every act committed that is prohibited
by this article shall constitute a separate violation. Each time a
vehicle travels on a Town road without a permit as required by this
article shall constitute a separate violation. Any police officer,
peace officer, Town Code Enforcement Officer, the Highway Superintendent,
or any other person who may be lawfully designated by the Town Board
shall have the authority to issue appearance tickets in connection
with such violations. Violations may be prosecuted by the Attorney
for the Town or any other person with authority to prosecute violations
within the Town.
B.
In addition, any person who violates this article shall be liable
for a civil penalty of $500 for a first violation and $1,000 for a
second or subsequent violation which was committed within a period
of five years from the commission of the prior violation. The Attorney
for the Town or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction
to collect these penalties, together with costs, disbursements and
recoverable attorneys' fees, and/or to compel compliance with
this chapter or restrain by injunction any such violation.
C.
Upon failure of any permittee to comply with the requirements of
this article, the permit shall be subject to suspension, revocation
or to the imposition of additional conditions.
