[HISTORY: Adopted by the Town Board of the Town of Minden
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
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 release of the bond (monies) by the Town of Minden
Town Board.
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.
The holder of a road preservation vehicle permit including
its contractors, subcontractors, employees and agents, issued pursuant
to this article.
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.
Any real property (including any improvements therein, thereon
or thereunder) or personal property owned by, or leased to, in the
Town of Minden.
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.
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.
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:
(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)
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.
