[HISTORY: Adopted by the Board of Trustees of the Village
of Fair Haven 11-14-2016 by L.L.
No. 1-2016. Amendments noted where applicable.]
The purpose of this chapter is to maintain the safety and general
welfare of Village residents by regulating commercial activities that
have the potential to adversely affect road rights-of-way. Well-maintained
roads are important to the economic well-being of the Village. Commercial
endeavors, such as timber harvesting and mining, are also economically
beneficial. This chapter is not intended to regulate such businesses;
the intent is to protect the public rights-of-way from damage. The
Village Board of the Village of Fair Haven hereby enacts the following
road preservation chapter pursuant to the provisions of the Municipal
Home Rule Law.
The Fair Haven Village Board delegates to the DPW Superintendent
the oversight of assuring commercial activities do not have an adverse
impact on public rights-of-way.
As used in this chapter, the following terms shall have the
meanings indicated:
Traffic to and from a single project site that generates
more than eight truck trips per day for more than four consecutive
days, involving trucks that exceed 20 tons (truck and load combined)
that could impact Village road rights-of-way. Any seismic testing
by vibroseis trucks (also known as "thumper trucks") is considered
high-frequency, high-impact truck traffic.
A commercial bond to ensure that the condition of the Village
roads impacted by high-frequency, high-impact truck traffic is left
in as good or better condition at the completion of the project as
they were at the start of the project.
This worksheet is to be completed by the hauling contractor
or project sponsor, summarizing the project, project location, start
and completion dates, expected max gross vehicle weights used for
the project, proposed truck routes, and any other items that the DPW
Superintendent deems necessary.[1]
A bond release given by the DPW Superintendent based on satisfactory
road conditions at project completion.
Final release of the bond by the Fair Haven Village Board.
[1]
Editor's Note: Said worksheet is included as an attachment to this chapter.
A.
Prior to the start of any project that involves high frequency, high
impact truck traffic that could have an impact on the Village rights-of-way,
a permit must be obtained. A bond amount shall be determined by the
Village Board and will be listed on the fee schedule on file with
the Village Clerk. The amount of the bond may be changed by the Village
Board by resolution. A completed Road Preservation Local Law (RPLL)
worksheet,[1] available from the Village Clerk or DPW Superintendent,
must be submitted to the DPW Superintendent.
[1]
Editor's Note: Said worksheet is included as an attachment to this chapter.
B.
The DPW Superintendent will decide if the scope of work is such that
a bond is required. If no bond is needed, the RPLL worksheet is approved
by the DPW Superintendent and becomes a work permit.
C.
If the DPW Superintendent determines that a bond is required, the
bond must be paid to the Village of Fair Haven and remitted to the
Village Clerk. The worksheet will then be approved by the DPW Superintendent
and becomes the work permit.
D.
Upon issuance of the work permit and prior to commencement of the
work, the hauling contractor or project sponsor will arrange for video
documentation of condition of the roads, shoulders, and all structures
(culverts, bridges, etc.) that will be traversed by the permitted
traffic. The video documentation will be conducted by an independent
third party and will be submitted to the DPW Superintendent prior
to commencement of the work. Video documentation will also occur monthly
and within two weeks of the conclusion of the permitted work: All
video documentation will be submitted to the DPW Superintendent within
one week of recording. Failure to submit the required video documentation
will result in immediate revocation of the work permit.
E.
Upon completion of the project, the hauling contractor or project
sponsor will apply to the DPW Superintendent for a preliminary bond
release. Upon inspection of the work site, as necessary, the DPW Superintendent
may approve the release of the bond. If the release is not approved,
the Superintendent will specifically document the tasks that must
be accomplished in order for the bond to be released. In this case,
the hauling contractor or project sponsor will remedy the specified
problem items and then reapply for a bond release. Final bond release
must be approved by the Village Board for repayment of the bond funds.
F.
If the hauling contractor or project sponsor does not comply and
operates outside the parameters as specified on the worksheet, any
law enforcement officer or Code Enforcement Officer has the authority
to shut down the project.
G.
The hauling contractor or project sponsor will be responsible for
the repair of any damages that occur to the Village of Fair Haven
road rights-of-way when a project proceeds without a proper permit.
The hauling contractor or project sponsor shall supply proof
of insurance co-naming the Village of Fair Haven with a minimum of
$3,000,000 liability insurance coverage. The Village shall be notified
30 days prior by the insurance company of termination of such coverage.
A.
In no event shall vehicles or equipment be parked or located outside
the roadway boundaries or block access by neighboring landowners.
B.
Traffic will be maintained in accordance with the Uniform Traffic
Control Manual.
C.
The hauling contractor or project sponsor shall be responsible for
any and all repairs of damages caused by its operation to any Village
property, including rights-of-way.
D.
This chapter applies to the entire duration of any project that induces
high-frequency, high-impact traffic, as defined above, for any single
five-day interval of the project duration.
E.
If any of these conditions are not met, the permit is automatically
voided and all work shall cease.
A nonrefundable processing fee, as depicted in the Village of
Fair Haven fee schedule, payable to the Village of Fair Haven, must
accompany each worksheet submitted to the DPW Superintendent.
A contractor has the right to appeal to the Village Board.
Requests for a variance from the standards set forth in this chapter shall be made to the Fair Haven Village Board in writing and shall contain the grounds on which the appellant relies for requesting the variance, including allegations on any facts on which the appellant will rely. Where the Fair Haven Village Board finds that due to special circumstances of the particular case a waiver of certain requirements as stated in § 111-4 is justified, then a variance may be granted. No variance shall be granted, however, unless the Village Board finds and records in its minutes that:
A.
Granting the variance would be keeping the intent and spirit of this
chapter and is in the best interest of the community;
B.
There are special circumstances involved in the particular case;
C.
Denying the variance would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed;
D.
The variance is the minimum necessary to accomplish the purpose.
Should any section or provisions 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
to be invalid.
