This chapter shall be cited as the "Local Road Use and Preservation
Law."
The Town Board of the Town of Union has determined that certain
high-intensity traffic associated with large construction projects
can damage and significantly reduce the life of Town highways, which
must then be repaired at the expense of the Town's taxpayers.
The Board has further determined that such damage can be reliably
measured using recognized engineering standards. In addition, the
Board has determined that the strength and capacity of Town highways
may in some cases be inadequate to meet the demands of traffic for
large construction projects and that upgrades to Town highways may
be necessary to accommodate such traffic. The Board finds that it
is in the best interest of the citizens and taxpayers of the Town
to have the developers of such large construction projects bear responsibility
for making any necessary upgrades to Town highways and repairing any
damage caused to Town highways at the expense of such developers.
The purpose of this chapter is to establish a mechanism by which the
developers of large construction projects that will generate traffic
likely to require upgrades or cause damage to Town highways shall
ensure that such upgrades are made and such damage is repaired at
the developer's own expense.
This chapter is enacted pursuant to New York Vehicle and Traffic
Law § 1650, New York Municipal Home Rule Law § 10,
New York Statute of Local Governments § 10, and New York
Highway Law §§ 320 and 326 and New York Town Law § 130.
As used in this chapter, the following terms shall have the
meanings 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 concentrated traffic
occurring on a temporary basis for 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.
Which will exceed the predetermined normal wear and tear thresholds
of one or more Town highways or segments of Town highways.
CONSTRUCTION ACTIVITY
A.
Any activity occurring or to occur in the Town or outside the
Town that requires the use of Town roads that results in land disturbance
or the improvement of a parcel of one acre or more and requiring the
issuance of a SWPPP permit. Evidence of construction activity includes,
without limitation, those activities which are also being undertaken
subject to:
(1)
Federal permits and approvals, including, without limitation,
approvals subject to the (NWP's) National Environmental Policy
Act and activities subject to the following nationwide permits as
amended and issued by the United States Army Corps of Engineers: NWP
8 (oil and gas structures), NWP 12 (utility line activities), NWP
13 (bank stabilization), NWP 16 (return water from upland contained
disposal areas), NWP 17 (hydropower projects), NWP 21 (surface coal
mining operations), NWP 29 (residential developments), NWP 33 (temporary
construction, access, and dewatering\), NWP 38 (cleanup of hazardous
and toxic waste), NWP 39 (commercial and institutional developments),
and NWP 44 (mining activities); or
(2)
State permits and approvals, including, without limitation,
highway work permits, waste transporter permits, SPDES general permit
for stormwater discharges from construction activity, overweight/oversize
vehicle permit, authority to transport property (except household
goods), divisible load overweight permit, special hauling trip and
annual oversize/overweight loads permit, LCV/tandem trailer permit,
and special hauling permit; or
(3)
Local permits and approvals, if applicable, including, without
limitation, aquifer protection permit, sludge disposal permit, mining
permit, gravel mining permit, permit for well in aquifer area, overweight/oversize
vehicle permit, zoning change, special use permit, and site plan approval.
B.
Construction activity shall not include land clearing activity
or the improvement of a parcel related solely to "farm woodland" or
"land used in agricultural production," as those terms are defined
pursuant to New York Agriculture and Markets Law § 301.
PERSON
Any person, persons, corporation, partnership, limited liability
company, or other entity.
PROGRAM MANUAL
The currently approved Road Use and Preservation Program
Manual, prepared by Delta Engineers, Architects, & Land Surveyors,
P.C., a copy of which is attached to and made a part of this chapter
as Appendix 1.
TECHNICAL MANUAL
Road and Preservation Technical Manual, Version 1.0, prepared
by Delta Engineers, Architects, & Land Surveyors, P.C., a copy
of which is attached to and made a part of this chapter as Appendix
2.
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. A map of all highways of the Town is and shall
be maintained by the Town Highway Superintendent and/or Commissioner
of Public Works.
This chapter shall apply to any person who, individually or
in concert with another person, undertakes 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 set forth as an appendix to this chapter by
adopting a local law referencing and attaching such new or updated
manual, and thereafter, the new or updated manual shall be binding
on all persons subject to this chapter.
The Town Board may establish a schedule of fees relating to
applications, approvals, inspections, and enforcement under this chapter.
The Town Board may by resolution except an applicant from the
requirements of this chapter, 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 Town Highway Superintendent, the Commissioner of Public Works,
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.
In the event of any inconsistency between the provisions of
this chapter and the provisions of the Program Manual and the Technical
Manual, the provisions of this chapter shall control. All ordinances,
local laws, and parts thereof inconsistent with this chapter are hereby
repealed.
If any part or provision of this chapter or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision or application directly
involved in the controversy in which such judgment shall have been
rendered and shall not affect or impair the validity of the remainder
of this chapter or the application thereof to other persons or circumstances.
This chapter shall take effect upon filing with the New York
Secretary of State.