[HISTORY: Adopted by the Town Board of the Town of Minden as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Road Preservation Law WorksheetAttachment 2 - Road Preservation Law
[Adopted 9-18-2014 by L.L. No. 3-2014]
A. 
No civil actions shall be maintained against the Town or Town Superintendent of Highways for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk, or culvert being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous, or obstructed condition of such highway, bridge, street, sidewalk, crosswalk, or culvert was actually given to the Town Clerk or Town Superintendent of Highways and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger, or obstruction complained of.
B. 
No such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge, street, sidewalk, crosswalk, or culvert, unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or Town Superintendent of Highways and there was failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law. The Town Clerk shall cause all written notices received pursuant to this article and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner.
The Town Clerk shall keep a separate indexed record (by location) of all such notices received.
The article shall supersede in its application to the Town of Minden Subdivisions 1 and 3 of § 65-a of the Town Law.
[Adopted 2-19-2015 by L.L. No. 1-2015]
An article relating to preservation and protection of the roads of the Town of Minden and to the mitigation of damage due to heavy and/or high-volume truck traffic. This article may be cited as the "Town of Minden Road Preservation Law."
A. 
The purpose of this article is to maintain the safety and general welfare of Town residents by regulation of 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 high-frequency use of heavy equipment with heavy loads. It is the intent of this article to ensure 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. 
Heavier trucks deteriorate the pavement structure at an accelerated rate. A study at University of Texas found that one big rig pass causes the damage equivalent to 2,000 to 3,000 cars. That damage increases exponentially: A ninety-five-thousand-pound truck does two to three times the damage of an eighty-thousand-pound truck. One eighty-thousand-pound truck can cause the same damage as 800 to 1,000 cars. Multiple passes exacerbate the damage caused. As such, it is the intent of this article to protect Town roads from the frequent passes of heavier trucks. In the U.S. Department of Transportation's 1998 Draft Comprehensive Truck Size and Weight Study, it was written that "pavement deterioration increases with axle weight and with the number of axle loadings a pavement experiences."
C. 
Nothing contained in this article shall be deemed to limit the right to farm as set forth in Article 25-AA of the New York State Agriculture and Markets Law.
D. 
Nothing contained in this article shall be deemed to unlawfully interfere with interstate commerce.
A. 
The Town Board of the Town of Minden enacts this article under the authority granted by § 10 of the New York State Municipal Home Rule Law, New York State Constitution Article IX, Section 2(c)6, and Town Law, specifically Subsection 1(ii)(a)(6), which allows Towns to adopt local laws regarding the acquisition, care, management and use of its highways, roads, streets, avenues and property.
B. 
This article is also enacted pursuant to the authority of Subdivision 2 of § 23-0303 of the Environmental Conservation Law of the State of New York which provides that "The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries, but shall not supersede local government jurisdiction over local roads of the rights of local governments under the Real Property Tax Law."
C. 
This article is enacted pursuant to the authority of Highway Law § 140, wherein the Commissioner of Public Works must cause certain highways and bridges within the Town to be kept in repair, to bring an action in the name of the Town, against any person or corporation, to sustain the rights of the public, in and to any Town highway corporation in relation thereto, and to recover any damages sustained or suffered, or expenses incurred by such Town, in consequence of any act or omission of any such person or corporation, in violation of any law or contract in relation to such highway and other powers thereunder.
D. 
Additionally, this article is enacted pursuant to the authority of Highway Law § 320, which requires that those that injure any highway or bridge maintained at the public expense, by drawing or propelling over the same a load of such weight as to injure or destroy the culverts or bridges along the same, or of such weight that will destroy, break or injure the surface of any improved Town highway, or by any other act, shall for every such offense forfeit treble damages.
E. 
This article also relies upon Town Law § 130, which allows towns to enact ordinances, rules and regulations not inconsistent with law, regulate the use of streets, highways, sidewalks and public places by motor and other vehicles and regulate the manner in which excavation may be made in or under the streets, highways, sidewalks or public places and requiring an indemnity bond as a condition precedent thereto, or the Town Board may require as the condition precedent thereto, the deposit in cash of such an amount as the Board may determine necessary to cover the probable expense to the Town of the replacement by the Town of the street, highway, sidewalk or public place, and the expended balance, if any, shall by refunded to the depositor.
F. 
Lastly, this article in enacted pursuant to Vehicle and Traffic Law § 1660, which allows towns to provide for the creation of truck routes, for the permanent and temporary exclusion of certain traffic and for the adoption of additional reasonable ordinances and local laws with respect to traffic as local conditions require.
This article shall apply to all Town roads and bridges, paved or unpaved, road shoulders, bridges, guard rails, driveways, easements, rights-of-way, culverts, sluice or drainage pipes, ditches, sidewalks, signs, or any utilities or improvements therein, thereon, or thereunder including seasonal and limited-use roads designated by the Town of Minden, open to travel by the public, and repaired and maintained by the Town of Minden.
The Town of Minden Highway Superintendent (herein called "Highway Superintendent") is authorized to receive, review, approve, approve with modifications, or deny road preservation vehicle permits to ensure high-impact or high-frequency truck traffic does not have an adverse impact on Town roads and properties. The Highway Superintendent is authorized to forward approval of a road preservation vehicle permit to the Town of Minden Code Enforcement Officer for issuance of the permit.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Refers to a person, as well as his/her agents, contractors, or subcontractors seeking road preservation vehicle permit to use one or more Town roads.
BOND
A commercial bond (monies) 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.
ESCROW
Money put into the custody of a third party, which shall be the Town of Minden, for delivery to a grantee only after the fulfillment of the conditions are specified.
FINAL BOND RELEASE
Final release of the bond (monies) by the Town of Minden Town Board.
HIGH-FREQUENCY AND HIGH-IMPACT TRUCK TRAFFIC
Travel over Town roads generated by a commercial project or activity that generates more than 10 truck trips per twenty-four-hour period for more than three consecutive days, involving trucks that are registered for 26,001 pounds or greater, and/or truck traffic of one or more vehicles that are oversized and/or overweight requiring a permit to travel New York State roads and highways pursuant to New York State Vehicle and Traffic Law § 385. See § 75-12 for truck traffic that is exempt from this article.
PERMITTEE
The holder of a road preservation vehicle permit including its contractors, subcontractors, employees and agents, issued pursuant to this article.
PRELIMINARY BOND RELEASE
A bond release given by the Highway Superintendent based on satisfactory road conditions at project completion and which requires final approval by the Town Board.
PROPERTY
Any real property (including any improvements therein, thereon or thereunder) or personal property owned by, or leased to, in the Town of Minden.
REGULATED VEHICLE OR EQUIPMENT
Trucks, trailers, semitrailers, tractors and other equipment, both wheeled and tracked vehicles, where self-propelled or towed, whether loaded or unloaded whose use and operation falls within the definitions in this article of either high-frequency or high-impact truck traffic.
ROAD
Any paved or unpaved road, shoulder, road right-of-way, bridge, guard rail, concourse, driveway, easement, right-of-way, culvert, sluice or drainage pipe, ditch, dock, tunnel, sidewalk, sign or any utilities or improvements therein, thereon, or thereunder including seasonal and limited-use roads designated by the Town of Minden, open to travel by the public and repaired and maintained by the Town of Minden.
ROAD PRESERVATION LOCAL LAW WORKSHEET (APPENDIX A)
Worksheet to be completed by the applicant summarizing the project or activity which will generate the traffic to which this article applies and submitted to the Highway Superintendent.[1]
[1]
Editor's Note: The worksheet is included as an attachment to this article.
A. 
Any high-frequency or high-impact truck traffic use on Town roads as defined above shall require a written road preservation vehicle permit pursuant to this article prior to commencing use of any Town road. In the event that high-frequency or high-impact truck traffic uses Town roads without the required valid permit, the Highway Superintendent, any law enforcement officer, or code enforcement officer, has the authority to deny access to the roads.
B. 
When related to high-frequency or high-impact truck traffic, no temporary or permanent altering, installing, constructing, modifying, filling, obstructing, or relocating any pavement, bridge, ditch, ditching, drainage flow, culvert, sluice or drainage pipe located on a Town road or within any Town road right-of-way shall take place until a valid road preservation vehicle permit has been issued.
C. 
This article shall apply, and a road preservation vehicle permit shall be required, for all high-frequency or high-impact truck traffic even if the origin site or locale and/or the destination are located outside the Town of Minden so long as travel to and from the origin site and the destination is required over a Town road within the Town of Minden.
D. 
When high-impact or high-frequency truck traffic is proposing to use Town roads to travel to more than one parcel or lot in the Town of Minden, or to travel through the Town on Town roads to access parcels outside the Town of Minden, a separate application for road preservation vehicle permit shall be made for each parcel, and for each road being used within the Town.
E. 
All high-impact or high-frequency truck traffic utilizing seismic testing shall also require a road preservation vehicle permit.
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 NY AML), 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 residents, local business construction sites, and farms from property along Town roads.
A. 
The Highway Superintendent is hereby designated as the authority to receive, review, approve with modifications, approve, or deny all applications for road preservation vehicle permit. The Highway Superintendent must submit a copy of the road preservation vehicle application to the Town of Minden Code Enforcement Officer prior to the approving and issuing of any road preservation vehicle permit.
B. 
The Highway Superintendent is hereby authorized to consult with others including but not limited to the New York State Department of Transportation and County Department of Public Works. The Superintendent may hire, in compliance with the Town local laws and procurement policies and with final approval from the Town of Minden Town Board, 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.
C. 
Use of escrow. 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, the applicant for a road preservation permit may be required by the Highway Superintendent to file with the Town of Minden Town Clerk an initial cash or certified funds deposit in the sum of $10,000. These funds shall be required to accompany the filing of the application, and Town shall maintain a separate escrow account of all such funds.
(1) 
The Town of Minden Town Board is hereby authorized to withdraw funds from said escrow account (without prior notice to or consent from the applicant) in order to promptly reimburse the Town of Minden for any costs and expenses related to the processing of an application for a road preservation vehicle permit.
(2) 
Funds from this escrow account may also be used to cover reasonable expenses if roads are to be repaired pursuant to § 75-16 of this article. The Town of Minden Town Board is hereby authorized to withdraw funds from said escrow account (without prior notice to or consent from the applicant) in order to promptly reimburse the Town of Minden for any costs and expenses needed for damages, injuries, discharges or spills involving Town roads or other Town property.
(3) 
Immediately following any such withdrawals, the Town of Minden shall give written notice to the applicant detailing such withdrawals and the reasons therefor.
(4) 
If, at any time during the review and approval period this escrow account has a balance of less than $8,000, the applicant shall immediately, upon notification from the Town of Minden Town Clerk, replenish said escrow account to a balance of at least $10,000, within 14 days of notification. Failure to do so will result in suspension of the road preservation permit review and approval process.
D. 
The Highway Superintendent is authorized to temporarily suspend the travel of any truck or trucks having received a road preservation vehicle permit from the Town of Minden for emergency reasons including but not limited to flooding, heavy snow, or fire.
A. 
Application requirements. The application for a road preservation vehicle permit shall be submitted to the Highway Superintendent. In addition to all information required on Worksheet A,[1] the Highway Superintendent is authorized to request additional information from the applicant if deemed necessary in order to properly evaluate the permit application. In addition to Worksheet A, the following information shall be provided by the applicant:
(1) 
A completed Road Preservation Local Law (RPLL) Worksheet (Attachment A),[2] available from the Town of Minden Town Clerk or Highway Superintendent. All documents must be submitted to the Highway Superintendent prior to the start of any project and/or issuance of permit.
[2]
Editor's Note: The worksheet is included as an attachment to this article.
(2) 
Identification of all Town roads to be used by the applicant along with a road map depicting the roads and proposed route.
(3) 
A baseline survey, prepared by a qualified professional engineer, including, but not limited to, a written evaluation, video or photographic documentation demonstrating the condition of the proposed road and/or property described in the permit in accordance with methods described in the NYS Traffic Survey Methods Manual (NYSDOT 2010), and any other documents, maps, sketches, and plans which the Highway Superintendent may require.
(4) 
Money in escrow, a highway permit bond, maintenance bond, or comparable blanket bond in an amount to be determined by the Town Board as listed on the fee schedule on file with the Town of Minden Town Clerk. The amount of the bond or money in escrow may be changed by the Town Board by resolution.
(5) 
When a bond is required, it must be a bond with an AAA-rated company; with bond to be delivered and approved by the Town of Minden Town Board prior to issuance of the permit in the amount set by the Highway Superintendent, consistent with Attachment B, Bond/Fees Schedule.[3]
[3]
Editor's Note: The bond/fees schedule is included as an attachment to this article.
(6) 
An itemized description of the regulated vehicle(s), equipment and/or machinery that shall be traveling or passing over a Town road(s) or Town highway(s). Such description shall include for each vehicle, piece of equipment or machinery the weight thereof. If such vehicle(s) is to be loaded, i.e., used for the transport of cargo, material(s), water, equipment, machinery, the description shall also state the gross loaded weight of such vehicle(s).
(7) 
If such vehicle(s) is (are) to be loaded, the applicant shall describe the cargo, material(s), machinery and/or equipment to be transported over a Town road(s) or highway(s).
(8) 
The applicant shall expressly state on the application whether any cargo to be transported over a Town road(s) or highway(s) is flammable, explosive, corrosive, toxic, hazardous or poisonous and, if so, describe such cargo with particularity such that in the event of a spill, leak or other discharge upon the surface of a Town road(s) or highway(s) and/or the lands adjoining thereto, responding fire, ambulance, emergency rescue, law enforcement and hazardous materials responder personnel shall be fully knowledgeable of the risks, hazards and dangers posed to themselves and members of the public arising out of any such spill, leak or other discharge and the proper procedure for dealing with same so as to prevent or minimize personal injury, death and property damage arising out of or in connection with any such spill, leak or other discharge.
(9) 
A description of any special needs or requirements including alterations, modifications, excavations to Town road(s) or highway(s) such as the need for the installation of, widening or lengthening of travel lanes, culvert, sluices, ditching, snowplowing, etc. All special needs or requirements shall be subject to the prior approval of the Town of Minden Highway Superintendent and be at the sole cost of the applicant, or otherwise as determined by the Town of Minden Highway Superintendent.
(10) 
Notification.
(a) 
Whenever any such application for a road preservation vehicle permit required hereunder shall contain a disclosure that any flammable, explosive, corrosive, toxic, hazardous or poisonous cargo or material, whether same be a solid, semi-solid, liquid, or gas, shall be transported over a Town road(s) or highway(s), the Town of Minden Highway Superintendent shall forthwith cause a copy of such application to be forwarded within 10 days of determination that the application is complete to:
[1] 
The Chief of the Fort Plain Volunteer Fire Department, the Chief of South Minden Volunteer Fire Department and the Chief of Saint Johnsville Volunteer Fire Department.
[2] 
The Director of the Montgomery County Emergency Management Office.
[3] 
The Montgomery County Fire Coordinator.
(b) 
The Town of Minden Highway Superintendent shall not grant or deny the application for the road preservation vehicle permit unless nor until all of aforesaid interested agencies shall have acknowledged in writing receipt of a copy of the application and made in writing to the Town of Minden Highway Superintendent its recommendations to either grant the application, grant the application with special conditions or to deny the application. Whenever one or more of the aforesaid interested agencies shall recommend that the application be denied, such recommendation shall state the grounds upon which denial is recommended.
(11) 
For seismic testing, in addition to Worksheet A[4] and other information as may be required, the following must be submitted:
(a) 
Dates of intended testing, including start dates and completion dates;
(b) 
Precise location(s) to be tested;
(c) 
Numbers of vehicles, including size, weight, and description of each vehicle, that will go to each location;
(d) 
Specific routes of ingress and egress to and from all testing locations; and
(e) 
Agreement in writing to permit conditions as provided by the Town of Minden Highway Superintendent at time of approval.
[4]
Editor's Note: The worksheet is included as an attachment to this article.
[1]
Editor's Note: The worksheet is included as an attachment to this article.
B. 
Permit conditions.
(1) 
In no event shall vehicles or equipment be parked or located inside the roadway boundaries or in the right-of-way or block access to neighboring landowners.
(2) 
Traffic will be maintained in accordance with the Manual on Uniform Traffic Control Devices.
(3) 
The permittee shall supply proof of insurance co-naming the Town of Minden with a minimum of $5,000,000 in liability insurance coverage to the Highway Superintendent prior to the issuance of any permits. The Town of Minden Town Board shall be notified 30 days prior by the insurance company of termination of such coverage.
(4) 
The permittee shall be responsible for any and all repairs of damages caused by their operation to any road or Town property.
(5) 
This article applies to the entire duration of any project that induces high-frequency truck traffic and/or high-impact truck traffic, as defined in § 75-10, Definitions, of this article.
(6) 
The road preservation vehicle permit shall not be assigned, conveyed, pledged or transferred without the express prior written consent of the Town of Minden Highway Superintendent.
(7) 
The permittee shall provide the Highway Superintendent with advance written notice of the date upon which the permittee intends to begin the project or activity which is generating the traffic for which the permit was issued. That notice shall be delivered 14 days in advance of the date the project or activity is to begin. Once the activity or project is concluded or terminated, permittee shall provide written notice of conclusion or termination to the Highway Superintendent within 10 days of the actual conclusion or termination.
(8) 
The road preservation vehicle permit shall not authorize the holder thereof to exceed the maximum gross weight limit authorized for crossing any bridge.
(9) 
All road preservation permits must be renewed annually at no added expense to the permittee by the Town of Minden Highway Superintendent.
(10) 
The Town shall, as a standard condition of every road preservation vehicle permit (RPVP), require that the permittee must comply with all other applicable laws, regulations and/or conditions of any other governmental permits which have been issued in connection with authorizing the project or activity which is generating the traffic.
C. 
Approval process.
(1) 
Not later than 10 business days from the receipt of the applicant the Town of Minden Highway Superintendent shall review the application and determine whether same is complete or whether more information is required.
(2) 
An application determined by the Town of Minden Highway Superintendent to be incomplete shall be forthwith returned to the applicant by the Town of Minden Highway Superintendent together with a written request for the required information.
(3) 
The Town of Minden Highway Superintendent will determine if the scope of work is such that a bond or money in escrow is required.
(4) 
If a bond or escrow is required, the Town of Minden Highway Superintendent must inform the Town of Minden Town Board of this determination and recommend the amount prior to review of any application (for escrow) and issuance of any permit (for a bond). If no bond or money in escrow is needed, the Road Preservation Local Law Worksheet[5] may be approved by the Highway Superintendent and become the work permit. (See Attachment B, Bond/Fees Schedule).[6]
[5]
Editor's Note: The worksheet is included as an attachment to this article.
[6]
Editor's Note: The bond/fees schedule is included as an attachment to this article.
(5) 
The Highway Superintendent shall approve the application, approve it with conditions, or deny the application within 30 days of determining that the application is complete.
(6) 
The Superintendent of Highways shall file with the Town Clerk one copy of his/her decision, including any permit conditions, together with one copy of any complete application. The Town Clerk and the Town of Minden Highway Superintendent shall keep and maintain as part of their official Town records all applications, resubmitted applications, correspondence, notices of determination, permits and subsequent correspondence and submittals generated in connection with each such application. As official Town records all such documents shall be open and accessible to the public for viewing and copying pursuant to the statutes and FOIL (Freedom of Information Act) opinions of the State of New York regarding access to public records.
D. 
Requirements after approval but prior to commencement of traffic. Upon issuance of the road preservation vehicle permit and prior to commencement of the traffic, the permittee will arrange for:
(1) 
Video or photographic documentation of condition of the roads, shoulders, and all structures (culverts, bridges, etc.) that will be traversed by the permitted traffic;
(2) 
Ongoing documentation and analysis to include a written report including video or photographic documentation to be conducted monthly throughout the duration of the activity and within two weeks after the conclusion of the permitted traffic;
(3) 
All ongoing analysis reports and required documentation, with included video or photographic documentation, shall be submitted to the Highway Superintendent within one week of recording.
A. 
Failure to submit the required ongoing analysis report will result in immediate suspension of the road preservation vehicle permit for two weeks by the Highway Superintendent and failure to comply at the end of such two weeks will result in immediate permit revocation. If revoked, a new permit application has to be filed and new fee paid as though it was a whole new application.
B. 
The Highway Superintendent shall have the right and authority to issue an order to stop all high-impact or high-frequency traffic to those operating in violation of the terms of the road preservation vehicle permit, in violation of this article, in violation of applicable provisions of law, or contrary to the conditions upon which its road preservation vehicle permit was issued.
C. 
Upon violation of any provisions of the road preservation vehicle permit, or violation of any provisions of this article, the Highway Superintendent may suspend for a period of 14 days and all work shall cease until violations are corrected by the permittee and then approved by the Highway Superintendent. A public hearing may be scheduled by the Town Board of the Town of Minden, at which the permittee shall have the right to appear and be heard. The Highway Superintendent may permanently revoke any road preservation vehicle permit after failure to correct the violation within the fourteen-day period upon written notice to the permittee.
A. 
Bonds. If the Highway Superintendent determines that a bond is required, the bond must be paid by the applicant to the Town of Minden and remitted to the Town Clerk prior to the initiation of road uses. At such time, if ever, said highway permit bond, maintenance bond, or a comparable blanket bond is expended:
(1) 
The permittee or applicant shall replace the same within five days of the receipt of written notice from the Town Clerk;
(2) 
Failing to act on the written notice of instructions, the road preservation vehicle permit shall be subject to revocation. The Original Worksheet will then have to be reviewed by the Highway Superintendent and approved again as the permit.
B. 
The road preservation vehicle permit holder is responsible for all damages done to the roadways, ditches, curbs, culverts, bridges, or other improvements and to public utilities in, under, over and along the roadway related to their traffic activities. Upon written due notice being given by certified U.S. mail, the road use permittee, and at the Town's sole option, the Town, may request the road use permit holder to repair all damages, or the Town may at its option contract with a third party for the necessary repairs.
C. 
All such third-party contracts, involving the expenditure of more than $10,000 for materials or the expenditure of more than $20,000 for labor and materials, shall be deemed to be a public works contract, advertised and awarded pursuant to the competitive bidding requirements of General Municipal Law § 103 and the payment of New York State Department of Labor published prevailing wage rates.
D. 
The escrow funds as per § 75-13C of this article may be used when the road preservation vehicle permit is in effect to also cover the reasonable fees charged by engineers, consultants and/or experts hired in accordance with the provisions of this article; reasonable administrative costs and expenses incurred by the Town of Minden in connection with the permitting process and the repair, restoration and preservation of Town roads and other Town property; and reasonable legal fees, accountant's fees, engineer's 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 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.
E. 
In the event that there is any balance remaining in the 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 of Minden has not been fully reimbursed, the Town of Minden shall pay the permittee the balance remaining in the escrow account.
F. 
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 after a period of one-year completion. If the release is not approved, the Highway 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 items and then reapply for a bond release. Final bond release must be approved by the Town Board for repayment of the bond funds.
A. 
In the event more than one permit is in effect at any time for any given road or road section, the Highway Superintendent may, at his discretion, limit the number of trucks allowed under each permit (see § 75-10, Definitions).
B. 
In the event damage results from multiple uses, the Highway Superintendent will make a reasonable allocation of responsibility to and cause repairs to be funded proportionately from each permittee.
The Town is authorized to go to the New York State Supreme Court to seek an injunction against any permittee who defies either a permit suspension or revocation.
A. 
A nonrefundable processing fee as indicated in the Town of Minden Fee Schedule (Appendix B),[1] payable to the Town of Minden in certified funds, must accompany each worksheet submitted to the Highway Superintendent for the Town Clerk's records.
[1]
Editor's Note: The bond/fees schedule is included as an attachment to this chapter.
B. 
The Town of Minden Town Board shall, by resolution, establish, and from time to time modify, a schedule of fees for road preservation vehicle permits.
C. 
The Town of Minden Town Board may consult with the Montgomery County Commissioner of Public Works related to any county-controlled bridges, or hire any consultant and/or expert necessary to assist the Highway Superintendent in reviewing and evaluating the application, including but not limited to road evaluations or engineering to determine road and bridge structure capacity, baseline traffic, baseline road conditions, potential impacts on roads. An applicant shall deposit with the Town of Minden Town Board escrow funds sufficient to reimburse the Town of Minden for all reasonable costs of consultant and expert evaluation and consultation with the Highway Superintendent and/or Code Enforcement Officer in connection with the review of the application.
A. 
Request for a waiver from the standards set forth in this article shall be made to the Town of Minden 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.
B. 
No waiver shall be granted unless the Town of Minden Town Board finds in its sole and absolute discretion and records in its minutes that:
(1) 
Granting the waiver should be in keeping with the intent and spirit of local laws and is in the best interests of the community, as set forth in the Town of Minden Comprehensive Plan;
(2) 
There are special circumstances involved in the particular case as stated in § 75-8, Applicability, is justified; and
(3) 
The waiver is the minimum necessary to accomplish the purpose.
A. 
If any part or provision of this article or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Town of Minden hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been known.
B. 
If at any time there is conflict between this article and any other Town of Minden law, this article shall control.
This article shall take effect immediately upon filing in the office of the New York State Secretary of the State in accordance with the provisions of § 27 of the Municipal Home Rule Law of the State of New York.