[Adopted 6-13-2013 by L.L. No. 1-2013]
This article is enacted pursuant to the New York State Municipal Home Rule Law, the New York County Law, the New York County Law § 725, Highway Law § 102, New York Vehicle and Traffic Law § 385, Subdivision 15, and the New York Vehicle and Traffic Law § 1650, so as to provide for the general health, safety, and welfare of the citizens of the Town of Caledonia (hereinafter "Town") and to regulate by permit the operation of motor vehicles exceeding the weight and dimensions standards set forth by New York Vehicle and Traffic Law § 385 (hereinafter "permit").
A. 
Any vehicle or combination of vehicles that exceeds the weight or dimensions standards set forth in New York Vehicle and Traffic Law § 385 shall be prohibited from operating on roads under the jurisdiction of the Town unless holding a permit issued under the provisions of this article. An applicant, for purposes of this article, shall mean the owner of the motor vehicle to be permitted.
B. 
This article shall only apply to permits issued in connection with a "major project," as defined in this subsection. For purposes of this article, "major project" shall mean a commercial activity involving the installation, development or construction of one or more natural gas wells and related infrastructure and facilities as well as the installation, development or construction of any wind power generation facility involving the installation, development or construction of one or more wind energy conversion devices in excess of 120 feet high.
C. 
The Town of Caledonia Highway Superintendent (hereinafter "Highway Superintendent") shall issue the permits established by this article.
The Highway Superintendent shall make available to any applicant who wishes to operate a motor vehicle exceeding the weight and dimensional standards established by New York Vehicle and Traffic Law a permit application which shall require the applicant to submit, in a form acceptable to the Highway Superintendent, the following:
A. 
Proof of valid New York State motor vehicle registration for each vehicle.
B. 
A valid New York State special hauling permit issued by the New York State Department of Transportation pursuant to New York Code of Rules and Regulations (NYCRR) Part 154 (17 NYCRR § 154).
C. 
A specification of the Town highways for which a permit is requested as well as a route map indicating the applicant's proposed hauling routes, if applicable.
D. 
Proof of liability insurance, as requested by the Highway Superintendent. Additional relevant information may be required in the permit application as deemed necessary for the purposes of this article by the Highway Superintendent.
The Highway Superintendent is specifically authorized to attach appropriate conditions to any permit issued under this article so as to ensure that hauling and road use by the applicant is consistent with the statutory purpose of New York Vehicle and Traffic Law § 385 and provisions of this article relating to an applicant's obligation to repair or replace any damage to Town roads occasioned by use of the permit contemplated by § 124-6 of this article.
Should an applicant or one or more related applicants or one or more applications related to the same project or purpose apply for more than one permit under the terms of this article, such applicant(s) must execute a road maintenance agreement acceptable to the Highway Superintendent substantially in a form approved by the Highway Superintendent and made part of the application form referred to in § 124-5 herein.
The Highway Superintendent is authorized to attach appropriate conditions to any permit issued under this article and/or to the road maintenance agreement so as to ensure that hauling and road use by the applicant is consistent with the statutory purposes of the New York Vehicle and Traffic Law § 385, New York Vehicle and Traffic Law § 1650 and the provisions of this article relating to the operation of motor vehicles exceeding the weight and dimensional standards set forth in New York Vehicle and Traffic Law § 385 and the applicant's obligation to repair or replace any damage to Town roads established by this article and New York State law.
Permits under this article shall be issued for a period of one year and are subject to renewal for one-year periods, provided the applicant has complied with the conditions of the permit and, if applicable, the road maintenance agreement.
The Highway Superintendent is authorized to suspend any permit issued under the terms of this article upon the issuance of a written notice of permit violation issued to the permit holder. Upon the issuance of a notice of permit violation, which may contain an order immediately suspending the permit, the permit holder shall have an opportunity to correct any violation of the permit or shall have an opportunity to be heard by the Highway Superintendent within five days of the notice of permit violation. Should the applicant fail to correct any violation of an issued permit as specified by the Highway Superintendent, said permit may be revoked on 10 days' written notice to the applicant.
Any applicant(s) for permits under this article which may be subject to the requirement of a road maintenance agreement shall fully comply with the indemnity, insurance and security provisions contained in said road maintenance agreement.
A. 
Any permit holder shall provide the Highway Superintendent with a minimum of 72 hours' notice of a permit holder's intent to commence use of the permit on Town roads; and, further, said applicant shall be required, upon request by the Highway Superintendent, to provide the Highway Superintendent with detailed information regarding the locations and duration of the truck routing activity authorized by the permit.
B. 
The Highway Superintendent may waive the requirements of this article for publicly owned vehicles, those vehicles owned by a public utility and emergency vehicles.
The annual permit fee shall be the maximum fee provided by New York State Vehicle and Traffic Law § 385, according to weight schedule.
A. 
Any person who shall operate or move a vehicle or a combination of vehicles, the weights or dimensions of which exceed the limitations provided in § 385 of the Vehicle and Traffic Law, on county roads or highways without obtaining the permit required hereunder shall be guilty of a violation, which shall be punishable by a fine not exceeding $500 per occurrence for the first violation and not to exceed $1,000 per occurrence for each subsequent violation.
B. 
The Town is specifically authorized to institute a civil action in New York Supreme Court to compel compliance with this article.