[HISTORY: Adopted by the Board of Trustees of the Village
of Cayuga Heights 4-15-2019 by L.L. No. 3-2019. Amendments noted where
applicable.]
The intent of this chapter is to establish rules, regulations
and conditions to preserve and protect the condition of the public
roads of the Village of Cayuga Heights (the "Village"). The Village's
Board of Trustees (the "Board") has determined that future development
projects in the Village and in the vicinity of the Village may result
in extraordinary, high-intensity traffic to and from development sites,
causing significant and measurable damage to the Village's roads that
jeopardizes the health and safety of residents and others who use
those roads. Damage to Village roads that results from high-intensity
traffic must be evaluated and repaired promptly and to appropriate
engineering standards. The Village Board further has determined that
it is in the best interest of taxpayers of the Village and the general
public to assign responsibility for the repair of damage to Village
roads attributable to such high-intensity use, and, where necessary,
for the improvement of Village roads to a standard appropriate for
high-intensity use prior to the commencement of the activity, to those
responsible for the damage rather than to all Village taxpayers. The
purpose of this chapter is to maintain the safety and general welfare
of Village residents by regulating high-intensity uses of Village
roads that have the potential to adversely affect such roads. Well-maintained
roads are important to the safety and economic well-being of the Village
and its residents. The Board also acknowledges the value and economic
benefit of further development in the Village and in the vicinity
of the Village, and this chapter is not intended to regulate such
business activity; the intent of this chapter is to protect the Village's
roads from damage resulting from traffic generated in connection with
such development.
This chapter is enacted pursuant to the grant of powers to local
governments provided in § 10 of the Municipal Home Rule
Law to adopt and amend local laws not inconsistent with the provision
of the New York State Constitution and not inconsistent with any general
law relating to its property, affairs, government or other subjects
provided for in said § 10 of the Municipal Home Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
A commercial bond to ensure that the condition of the Village
roads is not adversely impacted by high-frequency, high-impact truck
traffic. The Village Board may accept an equivalent financial guarantee
in lieu of a bond.
A bond release given by the Village Board based on satisfactory
road conditions at completion of the high-frequency, high-impact truck
traffic.
Traffic to and from a project site that generates more than
500 truck trips. For purposes of this chapter, a truck trip is a trip
to or from a project site involving a truck with a gross weight of
15 or more tons (truck and load combined). A single truck makes two
truck trips if it meets the weight limit traveling to the project
site and meets the weight limit traveling from the project site.
The person responsible for the project generating the high-frequency,
high-impact truck traffic and who is responsible under this chapter
to obtain a permit, regardless of whether or not the person in fact
obtains a permit. In any instance in which another approval or permit
is required in connection with the project that is generating the
truck traffic, such as a site plan approval or building permit, any
person who is required to obtain any such other approval or permit
shall be deemed the permittee for purposes of this chapter. In the
event no other approval or permit is required, the owner of any property
on which the project is taking place shall be deemed the permittee
for purposes of this chapter.
Any individual, public or private corporation, limited-liability
company, political subdivision, government agency, municipality, industry,
partnership, association, firm, trust, estate, or any other legal
entity whatsoever.
Any nonpermanent activity that generates high-frequency,
high-impact truck traffic on Village roads whether or not the project
itself is located in the Village. Projects include, but are not limited
to, construction projects. With regard to projects that require another
approval or permit, such as site plan approval or a building permit,
all activities covered by that other approval or permit are considered
part of the temporary project for purposes of this chapter. Agricultural
operations as defined by New York State Agricultural District Law[1] and the movement of agricultural products are excluded.
Also excluded are school buses, law enforcement vehicles, firefighting
vehicles, military vehicles, and municipal vehicles engaging in roadwork
on behalf of one or more municipalities.
All public roads, to the extent such roads are located within
the Village of Cayuga Heights, that are maintained by the Village.
[1]
Editor's Note: See Article 25-AA of the New York State Agriculture
and Markets Law.
A.
The Village Board has determined that high-frequency, high-impact
truck traffic associated with temporary projects may cause damage
to Village roads.
B.
Upon a determination by the Village's Superintendent of Public Works
or Village Engineer that a temporary project shall generate high-frequency,
high-impact truck traffic on any Village roads, the Village's Department
of Public Works shall erect signs on the appropriate sections of Village
roads providing notice that vehicles generating such traffic are excluded,
and the Village shall publish notice of such exclusion in the official
newspaper of Tompkins County.
C.
A permittee may apply to the Village's Superintendent of Public Works
for a permit providing for an appropriate exemption for the vehicles
to be used on Village roads in connection with the temporary project.
Such permit shall be granted, upon appropriate terms and conditions,
if the vehicles are performing essential local pickup or delivery
in connection with the temporary project. For purposes of this chapter,
essential local pickup or delivery shall include, but shall not be
limited to, pickup from and delivery to a construction site, whether
or not such site is located in the Village, of materials or equipment
and traffic associated with New-York-State-permitted mining or gas-drilling
operations, including the transport of products therefrom.
D.
Any such permit shall designate the route(s) to be traversed and
contain other reasonable restrictions or conditions deemed necessary
by the Village's Superintendent of Public Works. The conditions may
include, but not be limited to, requiring the permittee to make road
improvements to ensure that the roads have the strength and capacity
to handle the anticipated traffic and requiring the permittee to clean
mud and dirt off of Village roads that vehicles have tracked from
the project site onto the roads. Such permit shall be for the duration
of the temporary project.
E.
In order to obtain a permit, the permittee must submit a permit application
to the Village's Superintendent of Public Works, which shall include
all information required by the Village's Superintendent of Public
Works, including, but not limited to, vehicle identification number
and owners/operators, vehicle weights, load weights, materials carried,
route(s) to be followed on Village roads, duration of activity (beginning
date and end date), frequency of trips and times of operation. The
applicant shall pay a permit fee to be established by the Village
Board, but in no event shall the fee be less than $250.
F.
The Village's Superintendent of Public Works may require, as a condition
of the issuing of the permit, that the permittee submit documentation
(including, but not limited to, photographs and videos) of the condition
of the roads, shoulders and all improvements and structures (culverts,
bridges, sidewalks, etc.) that will be traversed by the permitted
traffic.
G.
In addition to the restrictions on routes and other reasonable restrictions,
the Village's Superintendent of Public Works will determine if the
scope of work is such that a bond is required, and the amount of any
such bond. The determination of the need and amount of any bond shall
be based on a determination of potential damage to Village roads based
on the traffic routes, weight of the vehicles, number of trips, seasonal
conditions and the type-category (classification) of the roads on
the approved routes.
H.
A permittee aggrieved by a determination of the Village's Superintendent
of Public Works regarding the need for or conditions of a permit may,
within 10 days of the determination, appeal to the Village Board.
No action inconsistent with the determination of the Village's Superintendent
of Public Works shall take place pending the determination of the
Village Board.
I.
The permittee shall be responsible for assuring that the high-frequency,
high-impact truck traffic does not prevent any impacted Village roads
from remaining in safe and usable condition for all legal uses of
the road throughout the duration of the temporary project.
J.
Upon completion of the high-frequency, high-impact truck traffic
generated by the project, the permittee will apply to the Village's
Superintendent of Public Works for a bond release. Following inspection
of the traveled roads, the Village's Superintendent of Public Works
may approve the release of the bond. If the release is not approved,
the Village's Superintendent of Public Works will document the work
that the permittee must complete in order for the bond to be released,
which may include, but not be limited to, the payment of money for
repair of damaged Village roads or for the cleaning of mud and dirt
off of Village roads. The permittee must complete such work before
the bond may be released.
K.
If the permittee does not comply with this chapter or the terms and
conditions of the permit, the Village's Superintendent of Public Works
may revoke the permit. In the event that high-frequency, high-impact
truck traffic uses any Village roads without a valid permit issued
in accordance with this chapter, the Village's Superintendent of Public
Works, any law enforcement officer or the Village's Code Enforcement
Officer has the authority to deny such vehicles access to Village
roads and to shut down the project to the extent that the project
is located in the Village. This relief is in addition to any and all
damages and penalties.
L.
The permittee will be responsible for the repair of any damages that
occur to any Village roads, and for the cleaning of mud and dirt off
of Village roads, that result from high-frequency, high-impact truck
traffic when a project proceeds with or without a proper permit, as
well as for all fines and penalties specified in this chapter.
M.
In lieu of obtaining a permit, any person who may be responsible
to obtain a permit may enter into a road use agreement with the Village,
although the Village has no obligation to enter into a road use agreement.
If the Village enters into a road use agreement with the permittee,
the use of Village roads shall be governed by the agreement, rather
than by permit conditions.
The Village's Superintendent of Public Works shall enforce the
provisions of this chapter and any rules, regulations and conditions
made pursuant hereto. Such enforcement shall include, but not be limited
to, legal or equitable proceedings, including without limitation an
action for specific performance brought in the name of the Village.
A.
Any person who violates this chapter shall be guilty of a violation
and subject to a fine of not more than $500 and/or imprisonment for
not more than 15 days. Each and every act committed that is prohibited
by this chapter shall constitute a separate violation. Each occasion
that a vehicle travels on any Village roads without a permit as required
by this chapter shall constitute a separate violation.
B.
Upon failure of any permittee to comply with the requirements of
this chapter, the permit shall be subject to suspension, revocation
and the imposition of conditions.
All local laws, articles, resolutions, rules, regulations and
other enactments of the Village of Cayuga Heights in conflict with
the provisions of this chapter are hereby superseded to the extent
necessary to give this chapter full force and effect.
In the event that any portion of this chapter is declared invalid
by a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
This chapter shall be effective immediately upon filing in the
office of the New York State Secretary of State, except that it shall
be effective from the date of its service as against a person served
with a copy thereof, certified by the Village Clerk, and showing the
date of its passage and entry in the minutes of the Village Board
of Trustees.
