The Town Board has determined that certain high-intensity traffic
associated with construction activity, as defined herein, can damage
and significantly reduce the life of Town highways, which must then
be repaired at the expense of the Town's taxpayers. The Town
Board has further determined that such damage can be reliably measured
using recognized engineering standards. In addition, the Town Board
has determined that the strength and capacity of Town highways may
in some cases be inadequate to meet the demands of traffic for construction
activity, as defined herein, and that upgrades to Town highways may
be necessary to accommodate such traffic. The Town Board finds that
it is in the best interest of the citizens and taxpayers of the Town
to have the person responsible for such construction activity bear
responsibility for making any necessary upgrades to Town highways
and repairing any damage caused to Town highways at the expense of
such person. The purpose of this article is to establish a mechanism
by which the person responsible for construction activity that will
generate traffic likely to require upgrades or cause damage to Town
highways shall ensure that such upgrades are made and such damage
is repaired at the person's own expense.
This article is enacted pursuant to New York Vehicle and 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 other applicable statutes.
As used in this article, the following terms shall have the
meaning 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 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, overweight/oversize
vehicle permit, authority to transport property (except household
goods), divisible load overweight permit, special hauling trip and
annual oversize/overweight loads permit, LCV/tandem trailer permit,
and special hauling permit; or
(3)
Local permits and approvals, if applicable, including, without
limitation: aquifer protection permit, sludge disposal permit, mining
permit, gravel mining permit, permit for well in aquifer area, overweight/oversize
vehicle permit, zoning change, special use permit, 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.
Construction activity shall not include local travel by any vehicle(s)
or implement(s) or combination thereof when used solely for farm purposes.
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 at the Town Hall.
TECHNICAL MANUAL
The Road Protection Program Technical Manual, Version 1.0,
dated November 2011, prepared by Delta Engineers, Architects, &
Land Surveyors, P.C., a copy of which is on file at the Town Hall.
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. A map of all highways of the Town is and shall
be maintained by the Town Highway Superintendent.
ROAD REPAIR
Any repair to or replacement in kind of a Town highway to
fix damages caused by construction activity.
ROAD UPGRADE
Any improvement to a Town highway necessary to support or
safely accommodate a construction activity's concentrated traffic.
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 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 time periods prescribed herein in which the Town Board,
the Town Highway Superintendent, other Town official, 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.