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:
BOND
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.
BOND RELEASE
A bond release given by the Village Board based on satisfactory
road conditions at completion of the high-frequency, high-impact truck
traffic.
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.
PERMITTEE
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.
PERSON
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.
TEMPORARY PROJECT
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 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.
VILLAGE ROADS
All public roads, to the extent such roads are located within
the Village of Cayuga Heights, that are maintained by the Village.
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.
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.