[HISTORY: Adopted by the Town Board of the Town of Nichols 10-9-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 175.
This chapter may be cited as the "Town of Nichols Road Preservation
Law."
The Town Board of the Town enacts this chapter under the authority
granted by Municipal Home Rule Law § 10, New York State
Constitution Article IX, § 2(c)6, Town Law § 1(ii)(a)(6),
Environmental Conservation Law § 23-0303, Highway Law § 320,
Town Law § 130, and Vehicle and Traffic Law § 1660.
A.
The purpose of this chapter is to maintain the safety and general
welfare of Town residents by protecting roads. 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 chapter 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 high-frequency use of heavy equipment with
heavy loads. It is the intent of this chapter to insure that the Town's
roads are not damaged or harmed to the overall detriment of the Town
by a few individual users who utilize the roads in a manner that causes
extraordinary deterioration to the roads.
B.
Nothing contained in this chapter shall be deemed to limit the right
to farm as set forth in Article 25-AA of the New York State Agricultural
and Markets Law. Nothing contained in this chapter shall be deemed
to unlawfully interfere with interstate commerce.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit that covers more than one vehicle, which would be
subject to the permitting process. Vehicles that are owned, used,
rented, leased, hired (including independent contractors) or in any
way utilized for a specific project, site or work location shall be
considered related vehicles and a blanket permit must be used. Individual
permits will not be required in such circumstances. A permit shall
be obtained by an individual or entity that controls or directs the
specific project, site or work location.
A vehicle or related vehicles that have three or more axles
and which traverses/travels over 30 miles or more on Town roads or
other Town property during any five days within any ten-day period.
When calculating whether a vehicle or related vehicles meets the definition
of "high-frequency traffic," 30 miles and five days within any ten-day
period shall be used for both individual permits and blanket permits.
Delivery or pickup of people, merchandise, or other property
along the Town roads.
Approval of an application for a road preservation permit
application.
More than one vehicle, including those that are owned, used,
rented, leased, hired (including independent contractors) or in any
way utilized for a specific project, site or work location. When calculating
if related vehicles meet the definition of "high-frequency truck traffic,"
the number of axles shall be counted on each vehicle separately; however,
the number of miles shall be the combination of all vehicles with
three or more axles.
A.
High-frequency truck traffic is excluded from all Town roads and
is restricted to the Town of Nichols Truck Route, which is defined
as routes on, over and along any and all state- and county-owned/
-maintained roadways lying within the boundaries of the Town. No high-frequency
truck traffic shall use Town highways or roadways except if and until
an individual permit, blanket permit and/or road maintenance agreement
is obtained.
B.
The following vehicles are granted exemptions from this chapter:
maintenance, repair and service vehicles owned and operated by municipalities
or fire companies on official municipal or fire-fighting business;
all agricultural and local delivery vehicles; buses.
C.
Signs shall be installed on all major highways entering Town, referencing
this chapter.
A.
The Highway Superintendent is authorized to promulgate an application
form, the permit form and to review and approve/reject applications.
The permit fee is $25 per permit and $100 per blanket permit. The
Highway Superintendent is authorized to require video or photographic
documentation of the conditions of the Town's roads and property,
both pre- and post-permit. The permit shall remain valid only for
so long as the permittee continues to hold a valid New York State
hauling permit or divisible load permit, where necessary.
B.
The Town Clerk, the Highway Superintendent and the Code Enforcement
Officer are authorized to receive applications for permits. The applications
must be given to the Highway Superintendent.
C.
This chapter shall be administered and jointly enforced by the Town
enforcement officers (including but not limited to Highway Superintendent
and Code Enforcement Officer), the police agencies of Tioga County
and New York State and/or officials authorized by the Town Board of
the Town.
A permittee may request the Town grant a Town-wide road maintenance
agreement in lieu of a permit.
A.
With the exception of normal wear and tear, the permittee is responsible
for all damages, injuries, discharges or spills that occur on or to
the Town roads and other Town property.
B.
At the Town's option, the Town may allow the permittee to repair
all damages or the Town may arrange the repairs and charge the permittee
for all labor and materials at the prevailing rates. The Highway shall
be restored and the integrity of the repair maintained for a period
of one year from the date of any repairs. If the Town requests the
permittee to repair the damages, such repair must be done to the specifications
and all requirements of the Town.
The permittee shall present to the Town certificates of insurance
evidencing liability insurance coverage naming the Town as an additional
insured on a noncontributory basis with the minimum limits of coverage
for bodily injury equal to $1,000,000 for each person injured, $2,000,000
bodily injury resulting from each occurrence, and $500,000 property
damage.
A.
The permittee shall present to the Town a maintenance bond in the
amount of $250,000 and a bank letter of credit in the amount of $10,000
in favor of the Town guaranteeing compliance with the provisions of
the permit. If the letter of credit and/or maintenance bond is expended,
the permittee shall replace the same within five days' written
notice from the Town, failing which the permit shall be revoked.
B.
Such maintenance bond shall be maintained for at least a period of
one year after repairs have been approved by the Town.
The permittee will be required to agree to fully indemnify,
defend, save and hold harmless the Town and all of its departments,
bureaus, divisions, boards, officers and employees from and against
any and all claims, costs, damages, expenses, charges, risks, losses,
lawsuits, judgments, executions, penalties, fines, assessments or
any other liability of any type arising out of, occurring in connection
with or resulting from any and all activity to be performed by the
permittee pursuant to this permit. By accepting the permit, the permittee
shall be deemed to have agreed to all of the defense, indemnity and
save harmless provisions of this chapter and all other provisions
of this chapter.
A.
The Highway Superintendent and the Building and Code Inspector shall
each have the right and authority to issue stop-work orders to those
operating in violation of the terms of this permit, or contrary to
the permittee's application or conditions upon which its permit
was issued or in violation of this chapter, in violation of applicable
provisions of law.
B.
Upon the violation of any provisions of this permit, or violation
of any provisions of this chapter, or violation of applicable provisions
of law, or violation of any conditions, the Highway Superintendent
may suspend such permit.
C.
Any person who violates any provision of this chapter shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be subject
to penalties in a fine of not less than $1,000 and imprisonment up
to one year.
D.
In addition to those penalties prescribed herein, any person who
violates any provision of this chapter shall be liable for a civil
penalty in an amount not to exceed $5,000 for each day or part therefore
during which such violation continues. The civil penalties provided
by this subsection shall be recoverable in an action instituted in
the name of the Town.
E.
If the violation is of a continuing nature, each twenty-four-hour
period during which it occurs shall constitute an additional, separate
and distinct offense.
F.
An action or proceeding may be instituted in the name of the Town,
in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce any provision of,
this chapter. The Town may seek restoration for costs incurred by
the Town in remedying each violation, including but not limited to
reasonable attorney's fees.
G.
No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address any violation described in
this chapter. Any remedy or penalty specified in this section may
be pursued at any time, whether prior to, simultaneously with, or
after the pursuit of any other remedy or penalty specified in this
section.
A.
The Town requires an applicant to deposit with the Town funds sufficient
to reimburse the Town for all reasonable costs of consultant and expert
evaluation and consultation. The Town may hire any consultant and/or
expert necessary to assist the Town Board in reviewing and evaluating
the application. The initial deposit shall be the sum of $5,000; these
funds shall accompany the filing of an application. If at any time
during the review process this escrow account has a balance that shall
not reasonably cover the cost of the remaining work of the Town's
consultants/experts, the Town will require applicant to immediately
replenish said escrow account. Such additional escrow funds must be
deposited with the Town before any further action or consideration
is taken on the application. If, at the conclusion of the review process,
the cost of such consultant/expert services is more than the amount
escrowed pursuant hereto, the applicant shall pay the difference to
the Town. In the event that the amount held in escrow by the Town
is more than the amount of the actual billing or invoicing by the
Town's consultants/experts, the difference shall be promptly
refunded to the applicant.
B.
The Town is hereby authorized to withdraw funds from said escrow
account without prior notice to the permittee in order to promptly
reimburse the Town for any costs and expenses.
