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.
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 project.
HIGH-FREQUENCY, HIGH-IMPACT TRUCK TRAFFIC
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.
PERMITTEE
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.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, partnership,
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. 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.
TOWN HIGHWAY or TOWN ROAD
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.