This article is enacted pursuant to the New York State Constitution,
Art. 9, § 2(c)(6); New York Vehicle & 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
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 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.
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 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:
(1)
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
(2)
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
(3)
Local permits and approvals, if applicable, including, without
limitation, aquifer protection permits, sludge disposal permits, mining
permits, land disturbance permits, gravel mining permits, permits
for well in aquifer area, overweight/oversize vehicle permits, special
use permits, zoning changes 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
Road Protection Program Manual, Version 1.0, dated November
2011, prepared by Delta Engineers, Architects & Land Surveyors,
P.C., a copy of which is on file and available at the Cazenovia Town
offices located at 7 Albany Street, Cazenovia, New York 13035.
TECHNICAL MANUAL
Road Protection Technical Manual, Version 1.0, dated November
2011, prepared by Delta Engineers, Architects & Land Surveyors,
P.C., a copy of which is on file and available at the Cazenovia Town
offices located at 7 Albany Street, Cazenovia, New York 13035.
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 resolution
or 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.
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 the 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 period prescribed herein in which the Town Board, the
Town Highway Superintendent, other Town official(s) 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 article and the provisions of the Program Manual and the Technical
Manual, the provisions of this article shall control. All ordinances,
local laws and parts thereof inconsistent with this article are hereby
repealed.