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").
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.
The annual permit fee shall be the maximum fee provided by New
York State Vehicle and Traffic Law § 385, according to weight
schedule.