[Adopted 6-10-2013 by L.L. No. 2-2013]
This article may be cited as the "Town of Cobleskill Road Preservation
Law."
The purpose of this article is to maintain the safety and general
welfare of Town residents by regulating high-impact commercial activities
that have the potential to adversely impact roads and property. Well-maintained
roads are important to the economic well-being of the Town. Construction,
maintenance, and operation of high-impact commercial endeavors (e.g.,
timber harvesting, mining, natural gas drilling, wind energy facilities
and telecommunication facilities) can be economically beneficial.
This article is not intended to regulate such endeavors, but the intent
is to protect the Town roads and property from damage from such endeavors
that typically require use of heavy equipment with heavy loads.
The Town Board of the Town of Cobleskill enacts this article
under the authority granted by § 10 of the New York State
Municipal Home Rule Law, and the New York State Town Law and the New
York State Vehicle and Traffic Law § 1660.
The Cobleskill Town Board delegates to the Cobleskill Highway
Superintendent and the Schoharie County Commissioner of Public Works
(herein called "Highway Superintendent") the oversight of assuring
commercial activities do not have an adverse impact on public roads
and property.
As used in this article, the following terms shall have the
meanings indicated:
A commercial bond to ensure that the condition of the Town
roads and/or property impacted by high-frequency, high-impact truck
traffic is left in a good or better condition at the completion of
the project as they were at the start of the project.
Money put into the custody of the Town Attorney of the Town
of Cobleskill for delivery to a grantee only after the fulfillment
of the conditions specified.
Final release of the bond by the Cobleskill Town Board.
Traffic to and from a project site that generates more than
10 truck trips per day for more than three consecutive days, involving
trucks that exceed 20 tons (truck and load combined) that could impact
Town roads and/or property (not including the operation of year-round,
permanent facilities, such as commercial quarries, established prior
to the passage of this article).
Other truck traffic of considerable weight (e.g., total weight
exceeding 30 tons) and/or size (e.g., trucks requiring escort vehicles)
as determined by the Highway Superintendent that could impact Town
roads and/or property. Any seismic testing by vibroseis trucks (aka
"thumper trucks") is considered high-impact truck traffic.
Shall mean and include the holder of a "road preservation
vehicle permit," its contractors, subcontractors, employees and agents,
issued pursuant to this article.
A bond release given by the Highway Superintendent based
on satisfactory road conditions at project completion.
An area where construction work is performed on a short term
basis (i.e., not including year-round, permanent business established
prior to the passage of this article, such as commercial quarries,
established prior to the passage of this article). Construction work
includes, but is not limited to, any of the following:
Excavation, including the removal of soil or gravel for off-site
use or excavation or filling of trenches, ditches, shafts, wells,
tunnels and pier holes, and the use of caissons and cofferdams,
Building, including the construction (including the manufacturing
of prefabricated elements of a building at the place of work concerned),
alteration, renovation, repair, maintenance and demolition of all
types of buildings,
Civil engineering, including the construction, structural alteration,
repair, maintenance and demolition of, for example, airports, dams,
river and landslide defense works, roads and highways, railways, bridges
and tunnels, viaducts, and works related to the provision of services
such as communications, drainage, sewerage, water and energy supplies.
Shall mean and include any real property (including any improvements
therein, thereon or thereunder) or personal property owned by, or
leased to, in the Town of Cobleskill.
Shall mean and include any highway, road, street, avenue,
boulevard, parkway, shoulder, guard rail, concourse, driveway, easement,
right-of-way, bridge, culvert, sluice pipe, ditch, dock, tunnel, sidewalk
or any utilizes or improvements therein, thereon, or thereunder maintained
by the Town of Cobleskill.
Worksheet to be completed by the potential permittee, summarizing
the project, project location, start and completion dates, expected
maximum gross vehicle weight used for the project, proposed truck
routes, and any other items that the Highway Superintendent deems
necessary.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
The Highway Superintendent is hereby designated as the authority
to receive and approve applications for a road preservation vehicle
permit to use, park, operate, transport, or move high-frequency truck
traffic and/or high-impact truck traffic, as defined above, on, over
or across a designated Town road or other Town property. The Highway
Superintendent must submit a copy of the road preservation vehicle
permit to the Cobleskill Town Code Enforcement Officer (herein called
"Code Enforcement Officer").
B.
The Highway Superintendent is hereby authorized to consult with others
(e.g., County Department of Public Works) and/or hire, in compliance
with Town local laws and procurement policies, any engineer, consultant
and/or expert which the Highway Superintendent deems necessary to
assist in reviewing and evaluating any application hereunder for a
road preservation vehicle permit.
A.
The Highway Superintendent is hereby authorized to promulgate: i) an application form requesting the issuance of a road preservation vehicle permit, said application shall require the person requesting the permit to provide at time of initial application and continuing thereafter a proposed road map that the high-frequency truck traffic and/or high-impact truck traffic will travel on, a video or photographic documentation demonstrating the condition of the proposed road and/or property described in the permit, and any other documents, maps, sketches, and plans which the Highway Superintendent may require; ii) money in escrow, a highway permit bond, maintenance bond, or comparable blanket bond, and the amount shall be determined by the Town Board and will be listed on the fee schedule on file with the Cobleskill Town Clerk. The amount of the bond or money in escrow may be changed by the Town Board by resolution; iii) a completed Road Preservation Local Law (RPLL) Worksheet (Appendix A),[1] available from the Town Clerk or Highway Superintendent.
All materials must be submitted to the Highway Superintendent.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The Highway Superintendent will decide if the scope of work is such
that a bond or money in escrow is required. If no bond or money in
escrow is needed, the RPLL worksheet is approved by the Highway Superintendent
and becomes the work permit.
C.
Upon issuance of the work permit and prior to commencement of the
work, an independent third party will document the condition of the
road, the permittee will arrange for video or photographic documentation
of condition of the roads, shoulders, and all structures (culverts,
bridges, etc.) that will be traversed by the permitted traffic. The
video or photographic documentation will also occur monthly and within
two weeks of the conclusion of the permitted work. All video or photographic
documentation will be submitted to the Highway Superintendent within
one week of recording. Failure to submit the required video or photographic
documentation will result in immediate revocation of the work permit.
A.
In the event more than one permit is in effect at any time for any given road or road section, the Town of Cobleskill Highway Superintendent may, at his discretion, limit the number of trucks allowed under each permit. (See § 116-20, Definitions.)
B.
In the event damage results from multiple uses, the Town of Cobleskill
Highway Superintendent will make a reasonable allocation of responsibility
to and cause repairs to be funded proportionately from each permittee.
A.
If the Highway Superintendent determines that a bond is required,
the bond must be paid to the Town of Cobleskill and remitted to the
Town Supervisor. At such time, if ever, that said highway permit bond,
maintenance bond, comparable blanket bond is expended, the permittee
shall replace the same within five days of the receipt of written
notice from the Town, failing which the road preservation vehicle
permit shall be subject to revocation. The worksheet will then be
approved by the Highway Superintendent and becomes the work permit.
B.
If the Highway Superintendent determines that a source of funds is
needed to promptly reimburse the Town for any reasonable costs and
expenses incurred by the Town in processing an application for a road
preservation vehicle permit and/or seeking reimbursement for damages,
injuries, discharges or spills involving Town roads or other Town
property, the applicant for a road preservation vehicle permit may
be required by the Highway Superintendent to file with the Town Clerk
of the Town of Cobleskill an initial cash deposit as depicted in the
fee schedule.
C.
As used in this section, the term "costs and expenses" shall be determined to include the reasonable fees charged by engineers, consultants and/or experts hired in accordance with the provisions of § 116-21 of this article; reasonable administrative costs and expenses incurred by the Town in connection with the permitting process and the repair, restoration and preservation of Town roads and other Town property; and reasonable legal fees, accountants' fees, engineers' fees, costs, expenses, disbursements, expert witness fees and other sums expended by the Town in pursuing any rights, remedies or claims to which the Town may be entitled under this article or under applicable provisions of law, as against any permittee, any person who has violated this article, any insurance company, any bonding company, any issuer of a letter of credit, and/ or any United States or State of New York agency, board, department, bureau, commission or official.
D.
These funds may be required to accompany the filing of the application,
and the Town shall maintain a separate escrow account of all such
funds.
E.
The Town is hereby authorized to withdraw funds from said escrow
account (without prior notice to or consent from the permittee) in
order to promptly reimburse the Town for any costs and expenses (as
defined herein).
F.
Immediately following any such withdrawals, the Town shall give written
notice to the permittee detailing such withdrawals and the reasons
therefor.
G.
If, at any time during the period when the road preservation vehicle
permit is in effect, this escrow account has a balance less than amount
depicted in the fee schedule, the permittee shall immediately, upon
notification from the Town Attorney, replenish said escrow account
so that it has a balance of at least the amount depicted in the fee
schedule.
H.
In the event that there is any balance remaining in the escrow account
as of the date that the Highway Superintendent determines the road
preservation vehicle permit has expired and further determines that
no damages or injuries have been caused to any Town road or other
Town property for which the Town has not been fully reimbursed, the
Town shall pay to the permittee the balance remaining in the escrow
account.
I.
Upon completion of the project, the permittee will apply to the Highway
Superintendent for a preliminary bond release. Upon inspection of
the work site, as necessary, the Highway Superintendent may approve
the release of the bond. If the release is not approved, the Superintendent
will specifically document the tasks that must be accomplished in
order for the bond to be released. In this case, the permittee will
remedy the specified problem(s) items and then reapply for a bond
release. Final bond release must be approved by the Town Board for
repayment of the bond funds.
The Highway Superintendent and the Code Enforcement Officer
shall each have the right and authority to issue stop-work orders
to those operating violations of the terms of the road preservation
vehicle permit, in violation of this article, in violation of applicable
provisions of law, or in violation of any conditions or requirements
set forth in any permit issued by the New York State Department of
Environmental Conservation; or contrary to the conditions upon which
its road preservation vehicle permit was issued.
Upon violation of any provisions of the road preservation vehicle
permit, or violation of any provisions of this article, the Highway
Superintendent may suspend any such permit until there is remedy of
the violation in the allocated time period set by the Highway Superintendent.
A public hearing may be scheduled by the Town Clerk of Cobleskill
at which the permittee shall have the right to appear and be heard.
The Highway Superintendent may permanently revoke any road preservation
vehicle permit on written notice to the permittee.
A.
In no event shall vehicles or equipment be parked or located outside
the roadway boundaries or block access to neighboring landowners.
B.
Traffic will be maintained in accordance with the Uniform Traffic
Control Manual.
C.
The permittee shall supply proof of insurance co-naming the Town
of Cobleskill within a minimum of $3,000,000 of liability insurance
coverage. The Town shall be notified 30 days prior by the insurance
company of determination of such coverage.
D.
The permittee shall be responsible for any and all repairs of damages
caused by its operation to any Town property.
E.
This article applies to the entire duration of any project that induces
high-frequency truck traffic and/or high-impact truck traffic, as
defined above.
F.
The road preservation vehicle permit shall not be assigned, conveyed,
pledged or transferred without the express prior written consent of
the Highway Superintendent.
G.
The Highway Superintendent shall be given one week's written notice
in advance by said permittee of the date when the permittee intends
to begin the activity authorized by the road preservation vehicle
permit, and shall be given prompt written notice of its completion.
H.
The road preservation vehicle permit shall not authorize the holder
thereof to exceed the maximum gross weight limit authorized for crossing
any bridge. The Highway Superintendent shall have the authority to
reasonably alter the proposed roads and other property set forth in
the application before a permit is issued or after a permit is issued.
I.
The Town of Cobleskill makes no warranties or representations as
to the conditions or fitness of any road or other property; or their
fitness for any intended use; or the Town's rights, titles or interests
therein or thereto.
J.
If any of these conditions are not met, the permit is automatically
voided and all work shall cease.
A.
All rubber-wheeled vehicles, equipment and machinery, whether self-propelled
or towed, utilized in the production of or transportation of agricultural
products as defined in § 301 of Article 25-AA of the New
York Agriculture and Markets Law, school buses, law enforcement vehicles,
firefighting and emergency rescue type vehicles, ambulances, military
vehicles, equipment operated by the National Guard, and municipal
owned and operated vehicles, are exempted from requiring a road preservation
vehicle permit.
B.
This article shall not be construed to apply to, or prevent, the
regular delivery or pickup of merchandise or other items common for
residences, local business construction sites, and farms from property
along Town roads.
Request for a waiver from the standards set forth in this article shall be made to the Cobleskill Town Board in writing and shall contain the grounds on which the appellant relies for requesting the waiver, including all allegations on any facts on which the appellant will rely. If, after review of said request for waiver, the Cobleskill Town Board finds that due to special circumstances of the particular case a waiver of certain requirements as stated in § 116-19 is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Town Board finds and records in its minutes that:
A.
Granting the waiver would be keeping the intent and spirit of this
article and is in the best interests of the community;
B.
There are special circumstances involved in the particular case;
C.
Denying the waiver would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed;
D.
The waiver is the minimum necessary to accomplish the purpose.
A receipt from the Town Clerk showing a nonrefundable processing
fee as depicted in the Town of Cobleskill fee schedule, payable to
the Town of Cobleskill, must accompany each worksheet submitted to
the Highway Superintendent.
