[Adopted 5-9-2001 by L.L. No. 2-2001]
There is hereby established an official system of street names
and numbers in the Town of Lumberland, New York, as shown on a map
entitled "Enhanced 9-1-1 Atlas, Lumberland, No. 810, Assessment Series"
prepared by microDATA of St. Johnsbury, Vermont in 1998.
[Adopted 4-10-2013 by L.L. No. 2-2013]
This article is enacted pursuant to the New York State Constitution,
Article 9, § 2(c)(6); New York Vehicle and Traffic Law § 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 article, the following terms shall have the
meaning set forth herein:
BASELINE TRAFFIC
Recurring ambient traffic presented on an annualized basis.
It includes typical daily activities on Town highways (hereinafter
defined), such as passenger vehicles, school buses, delivery vehicles,
garbage trucks, and normal commuter and business traffic. Baseline
traffic is the cause of normal wear and tear for which a Town highway
is constructed. Baseline traffic does not include unusual heavy traffic
occurring on a temporary basis for such things as construction activity
(hereinafter defined).
CONCENTRATED TRAFFIC
Traffic intended to travel upon or traveling upon Town highways
to or from the site of construction activity which:
A.
Is not baseline traffic; and
B.
Will exceed the predetermined normal wear and tear thresholds
of one or more Town highways or segments of Town highways.
CONSTRUCTION ACTIVITY
Any activity occurring or to occur in or outside of the Town
that results in land disturbance or the improvement of a parcel. Evidence
of construction activity includes, without limitation, those activities
which are also being undertaken subject to:
A.
Federal permits and approvals, including, without limitation,
approvals subject to the National Environmental Policy Act and activities
subject to the following nationwide permits, as amended and issued
by the United States Army Corps of Engineers: 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); or
B.
State permits and approvals, including, without limitation:
highway work permits; waste transporter permits; SPDES general permit
for stormwater discharges from construction activity and other SPDES
discharge permits; oil, natural gas, and solution mining permits and
other mining permits; overweight/oversize vehicle permits; authority
to transport property (except household goods); divisible load overweight
permits; special hauling trip and annual oversize/overweight loads
permits; LCV/tandem trailer permits; and special hauling permits;
or
C.
Local permits and approvals, if applicable, including, without
limitation: aquifer protection permits, sludge disposal permits, mining
permits, gravel mining permits, permits for well in aquifer area,
overweight/oversize vehicle permits, special use permits, zoning changes,
and site plan approval.
PERSON
Any person, persons, corporation, partnership, limited liability
company, 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 1054 Proctor Road, Glen Spey, New York 12737.
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 1054 Proctor Road, Glen Spey, New York 12737.
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.
This article shall apply to any person who, individually or
in concert with another person, intends to undertake construction
activity that will result in concentrated traffic on Town highways.
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 article by adopting a local
law referencing such new or updated manual, and thereafter, the new
or updated manual shall be binding on all persons subject to this
article.
The Town Board may establish a schedule of fees relating to
applications, approvals, inspections and enforcement under this article;
said schedule shall be established and updated periodically by resolution
of the Town Board.
The Town Board may by resolution except an applicant from the
requirements of this article, provided that the Town Board makes a
finding that the Town highways to be used by the applicant will be
adequately protected and any damage to Town highways will be adequately
repaired by virtue of the requirements or conditions imposed upon
the applicant in connection with any federal, state or local permit
or approval, including without limitation mitigation measures imposed
under the National Environmental Policy Act or the State Environmental
Quality Review Act.
The time periods prescribed herein in which the Town Board,
the Municipal Program Manager, Town Highway Superintendent, Town Code
Enforcement Officer, 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.