[Adopted 5-21-2015 by L.L. No. 1-2015]
This article is titled "A local law relating to preservation
and protection of the roads of the Town of Poestenkill and to the
mitigation of damage due to heavy and/or high volume truck traffic."
This article may be cited as the "Town of Poestenkill Road Preservation
Law."
The purpose of this article is to protect and maintain the health,
safety and general welfare of Town residents and to preserve the local
transportation infrastructure by expressly delegating to the Town
Highway Superintendent ("Highway Superintendent") the authority to
limit, condition, qualify or prohibit certain uses of the Town highway
system. More specifically, this article is intended to minimize and
mitigate damage to Town roads and bridges above and beyond ordinary
wear and tear, resulting from truck traffic due to high impact and/or
high frequency commercial and industrial activities.
The Town Board of the Town of Poestenkill enacts this article
under the authority granted by § 10 of the New York State
Municipal Home Rule Law, the New York State Vehicle and Traffic Law
§ 1660, and the New York State Town Law § 130,
Subdivision 7.
This article shall apply to all Town roads and bridges paved
or unpaved, road shoulders, bridges, guardrails, 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
Poestenkill, open to travel by the public, and repaired and maintained
by the Town of Poestenkill.
The Highway Superintendent is authorized to condition, restrict,
qualify or prohibit in their entirety any and all uses of Town roads
or the Town highway system which are, in his sole opinion, likely
to result in an adverse impact thereon, above and beyond ordinary
wear and tear.
As used in this article, the following terms shall have the
meanings indicated:
HIGH-FREQUENCY AND HIGH-IMPACT TRAFFIC
Any traffic over or use of Town roads which has been observed
by the Highway Superintendent to have resulted in a significantly
adverse impact upon Town roads or which is likely in the reasonable
and sole opinion of the Highway Superintendent to result in such an
impact upon Town roads due to frequency of use, axle weight of vehicles
or equipment, condition of road due to temporary conditions of temperature,
water saturation or the like, including specifically, but not necessarily,
exclusively traffic or use 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.
PROPERTY
Includes any real property (including any improvements therein,
thereon or there under) or personal property owned by or leased to
the Town of Poestenkill.
REGULATED VEHICLE OR EQUIPMENT
Trucks, trailers, semitrailers, tractors and other equipment,
both wheeled and tracked vehicles, whether 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
Means and includes any paved or unpaved, road, shoulder,
road right-of-way, bridge, guardrail, 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 Poestenkill, open to travel by the public and repaired
and maintained by the Town of Poestenkill.
In the event any high-frequency or high-impact use not excluded or exempted by §
187-8 of this article or for which a waiver has been granted pursuant to § 187-12 of this article shall result in damage to a Town road or other Town property, the user responsible for such damage shall be liable to the Town for the reasonable costs of remediation and shall additionally be liable for payment of a fine not to exceed $250 for each day that said use continues after notice to suspend such use or stop the subject work has been given. Responsibility for such remediation costs and/or such fines shall be in addition to any other legal remedy available to the Town, including but not limited to the injunctive relief hereinafter provided for.
The Town is authorized to go to the New York State Supreme Court
to seek an injunction against any user who defies a use prohibition,
suspension or stop-work order.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered, and
the Town of Poestenkill hereby declares that it would have passed
this article or the remainder thereof had such invalid application
or invalid provision been known. If at any time there is a conflict
between this article and any other Town of Poestenkill local law,
this article shall control.