[HISTORY: Adopted by the Town Board of the Town of Somerset 2-24-2016 by L.L. No. 2-2016.[1] Amendments noted where applicable.]
A.
The purpose of this chapter is to maintain the safety and general
welfare of the residents of the Town of Somerset by regulating activities
that have the potential to adversely affect road rights-of-way and
Town infrastructure.
B.
Well-maintained roads and infrastructure are important to the economic
well-being of the Town. Commercial endeavors are also economically
beneficial. This chapter is not intended to regulate such business;
the intent is to protect the public rights-of-way, infrastructure,
and Town residents from property damage. The Town Board of the Town
of Somerset hereby enacts the following Infrastructure Preservation
Law pursuant to the provisions of the Municipal Home Rule Law.
This chapter shall apply to all that portion of the Town of
Somerset outside the Village of Barker.
A.
The provisions of this chapter shall apply to all activity conducted
within the Town of Somerset where Town highways, roadways, or rights-of-way
will be traveled on or traversed by any truck, vehicle, trailer, or
equipment with a combined weight in excess of 14,000 pounds, unless
such activity is specifically exempt by this section, and for any
work performed in the Town which potentially may cause damage to the
Town infrastructure.
B.
The following are exempt from the provisions of this chapter: vehicles
used for the purpose of home delivery of mail, packages, or retail
products; school buses; buses and livery vehicles used to transport
persons; law enforcement vehicles; ambulances and emergency response
vehicles; fire trucks; vehicles owned and operated by a municipality;
rubber-wheeled vehicles actively engaged in farming activity or delivery
of farm products; vehicles used in the construction and/or remodeling
of a single-family or two-family residential dwelling or ordinary
repairs and maintenance of the same; moving trucks engaged in moving
items into or out of a residential dwelling; vehicles operated for
residential refuse pickup by companies contracting with the Town;
vehicles used by a utility company for routine maintenance or repair
of utilities; and customary recreational vehicles, boats, and travel
trailers.
C.
The provisions of this chapter may be enforced by the Superintendent
of Highways, the Code Enforcement Officer, law enforcement agencies,
or an individual appointed by Town Board resolution.
As used in this chapter, the following terms shall have the
meanings indicated:
A commercial bond issued by a surety company licensed to
do business in the State of New York and acceptable to the Town guaranteeing
that Town infrastructure and residents' property will be returned
to a condition as good or better than it was prior to the start of
the covered activity.
Every individual or entity that engages in a covered activity
within the Town, and any entity which hires, or employs, or contracts
with such contractor.
Any activity to which this chapter applies pursuant to § 169-3A
and which is not exempted by § 169-3B.
Final release of the bond by the Somerset Town Board.
The streets, rights-of-way, easements, waterlines, sewer
lines, drainage systems, lighting and any other Town infrastructure
under the control or maintenance of the Town, as well as the buildings
and residences in the Town, including driveways, trees, and landscaping
thereof, and private attachments to infrastructure.
The worksheet created by the Town which must be completed
by the owner or contractor, summarizing the job, site location, start
and completion dates, expected max gross vehicle weight used for the
covered activity, and any other items that the Town deems necessary.
A recommended bond release given by the Town Code Enforcement
Officer, Superintendent of Highways, or Supervisor based on satisfactory
job site status at job completion.
A.
No contractor, individual, or entity shall engage in a covered activity
within the Town of Somerset without first having obtained a permit
issued by the Code Enforcement Officer or Superintendent of Highways.
Every contractor applying for a permit must complete an infrastructure
preservation law worksheet and must also provide such additional information
relating to the covered activity as shall be required by the Superintendent
of Highways or Code Enforcement Officer.
B.
If the covered activity is to be performed by a general contractor
with subcontractors, the general contractor may apply for the permit
and provide the bond. Each subcontractor must be listed on the infrastructure
protection law worksheet, and in any event the general contractor
remains liable for compliance with the provisions of this chapter
for itself and each subcontractor. This provision shall not exempt
subcontractors from liability for violating the terms of this chapter.
C.
Upon receipt of the infrastructure preservation law worksheet and
other information, the Superintendent of Highways or Code Enforcement
Officer will review it and make a determination:
(1)
Whether a permit may be issued with conditions that adequately protect
the infrastructure of the Town. If not, the application shall be denied.
(2)
If a permit is to be issued, the amount of bond or deposit which
shall be provided by the contractor in order to reasonably protect
the Town infrastructure and residents' property.
(a)
The amount of the bond or deposit will be determined by the
Superintendent of Highways or Code Enforcement Officer based on the
Town highways, roadways, and rights-of-way, and infrastructure affected,
the size, weight and frequency of travel of the vehicles involved,
and any other special circumstances present.
D.
Prior to the issuance of a permit and prior to commencement of the
work, if the Superintendent of Highways or Code Enforcement Officer
deems it necessary based on the nature of the work, the size, weight,
and frequency of travel of contractor's equipment, the particular
highways, roadways, and rights-of-way involved, and the age, condition,
and nature of infrastructure, including buildings and residences,
the contractor must arrange for:
(1)
Video or photographic documentation of the condition of the roads,
shoulders, and all structures that will be traversed by the contractor's
vehicles or equipment;
(2)
Video or photographic documentation of the condition of the foundations
of structures located adjacent to the roads to be traversed by the
contractor's vehicles or equipment;
(3)
Ongoing documentation and analysis to include a written report including
video or photographic documentation to be conducted at stated intervals
throughout the duration of the activity and at the conclusion of the
covered activity; and
(4)
The submission of all ongoing analysis reports and required documentation,
with included video or photographic documentation, to the Code Enforcement
Officer or Superintendent of Highways within one week of recording.
E.
Once the Superintendent of Highways or Code Enforcement Officer determines
the amount of bond or deposit required, the contractor shall provide
to the Town a deposit or commercial bond in acceptable form guaranteeing
the return of Town infrastructure and residents' property to
a condition equal to or better than when the covered activity commenced.
No permit will be issued until such bond or deposit is provided.
F.
If any damage is caused to infrastructure in the course of covered
activity, the contractor, individual, or entity which performed the
work, whether or not it has obtained a permit, shall return the infrastructure
to a condition as good or better than it was prior to the damage,
or shall pay the cost of repair or replacement of the same.
G.
Upon completion of the covered activity, the contractor will apply
to the Code Enforcement Officer or Superintendent of Highways for
a preliminary bond release or for release of deposited funds. Upon
inspection of the work site, as necessary, the Code Enforcement Officer
or Superintendent of Highways may recommend the release of the bond.
If the release is not recommended, the Code Enforcement Officer or
Superintendent of Highways will specifically document the tasks that
must be accomplished in order for the bond to be released. In this
case, the contractor will remedy the specified problem item(s) and
then reapply for a bond release. Upon recommendation of preliminary
bond release, the contractor must apply to the Town Board for final
bond release. Only the Town Board may grant final bond release or
release of deposited funds.
A.
A violation of any part of this chapter shall constitute a violation
and shall be punishable by fine of up to $250, imprisonment of up
to 15 days, or both said fine and imprisonment. Each successive day
that a contractor or individual is in violation of this chapter shall
constitute a separate offense.
B.
In addition to the penalties prescribed in § 118-6A, the Code Enforcement Officer or any police officer may issue a stop-work order on any contractor or individual that is in violation of this chapter. The Superintendent of Highways or Code Enforcement Officer may revoke any issued permit upon a finding of a violation of the terms of the permit or information obtained in the infrastructure preservation law worksheet.
C.
The Town may seek injunctive or civil relief in addition to the above
remedies.
A nonrefundable processing fee in the amount of $150, payable
to the Town of Somerset must accompany each worksheet submitted to
the Code Enforcement Officer or Superintendent of Highways.
A contractor may appeal the determination of the Superintendent
of Highways or Code Enforcement Officer concerning the amount of bond
or deposit required, or a determination concerning preliminary bond
release to the Town Board of the Town of Somerset.
A.
A request for a variance from the standards set forth in this chapter
shall be made to the Town Board of the Town of Somerset in writing,
and shall contain the grounds on which the applicant relies for requesting
the variance, including allegations and any facts on which the applicant
will rely.
B.
Where the Town of Somerset finds that due to special circumstances
of the particular case, a waiver of certain requirements as stated
in this chapter is justified, then a variance may be granted. No variance
shall be granted, however, unless the Town Board finds and records
in its minutes that: granting the variance would be in keeping with
the intent and spirit of this chapter and is in the best interests
of the community; there are special circumstances involved in the
particular case; denying the variance would result in an undue hardship
to the applicant, provided that such hardship has not been self-imposed;
and that there is little to no risk of damage to Town infrastructure
or residents' property posed by the proposed activity.
Should any section or provision of this chapter contained herein
or as amended hereafter be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
chapter as a whole or any part thereof, other than the part declared
invalid.
