ROAD PRESERVATION LOCAL LAW* Law Form. Sample LOCAL LAW NO. - This local law may be cited as the of Road Preservation Law.

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1 ROAD PRESERVATION LOCAL LAW* *Prepared by Coughlin & Gerhart, LLP, Binghamton, NY as a short version of Road Preservation Local Law Form Section 1. Title LOCAL LAW NO. - This local law may be cited as the of Road Preservation Law. Section 2. Authority for this Local Law The [Town/Village] Board of the [Town/Village] enacts this Local Law under the authority granted by Municipal Home Rule Law 10, New York State Constitution Article IX 2(c)6, Town Law 1(ii)(a)(6), Environmental Conservation Law , Highway Law 140, 320 and 326, Town Law 130, and Vehicle and Traffic Law 1640, 1650 and Section 3. Purpose A. The purpose of this Local Law is to maintain the safety and general welfare of [Town/Village] residents by protecting Roads. Well-maintained Roads are important to the economic well-being of the [Town/Village]. Construction, maintenance, and operation of high impact commercial endeavors (e.g. timber harvesting, mining, natural gas drilling, wind energy facilities and telecommunication facilities) can be economically beneficial. This Local Law is not intended to regulate such endeavors, but the intent is to protect the Roads from damage from such endeavors which typically require high frequency use of heavy equipment with heavy loads. It is the intent of this law to insure that the Roads are not damaged or harmed to the overall detriment of the [Town/Village] by a few individual users who utilize the Roads in a manner that causes extraordinary deterioration. B. By adoption of this Local Law, it is the express intent of the [Town/Village] to participate in the Broome County Road Use and Preservation Program ( Program ). Page 1

2 C. Nothing contained in this Local Law shall be deemed to limit the right to farm as set forth in Article 25-AA of the New York State Agricultural and Markets Law. Nothing contained in this Local Law shall be deemed to unlawfully interfere with interstate commerce, as defined by applicable law. Section 4. Definitions Activity: Any activity, within or without the [Town/Village], which requires travel upon Roads to or from the activity. Concentrated Traffic: A vehicle or Related Vehicles which have 3 or more axels and which at any time make or will make collectively 5 or more trips over Roads during any 5 consecutive days. Local Delivery: Essential delivery or pickup of merchandise or other property along the Roads, the failure of which would create a hardship. Person: Any person, persons, corporation, partnership, limited liability company, or other entity. Related Vehicles: More than one vehicle, including those that are owned, used, rented, leased, hired (including independent contractors) or in any way utilized for Activity. When calculating if Related Vehicles meet the definition of Concentrated Traffic, the number of trips shall be the combination of all trips made by all Related Vehicles. Roads: Collectively, the highways, roads, bridges, culverts, sidewalks, and the related fee owned lands, rights-of-way or easements owned or maintained by the [Town/Village]. Section 5. Permanent Travel Restriction and Truck Route A. This Local Law shall apply to any Person who, individually or in concert with another Person, undertakes any Activity that will at any time during the Activity result in Concentrated Traffic. The initial determination that the standards of Concentrated Traffic have been met shall be made by the [Town/Village] [Commissioner of Public Works/Highway Superintendent]. B. Except as described in section 5(C) below, Concentrated Traffic is excluded from all Roads and is restricted to the [Town/Village] of Truck Route, which is defined as routes on, over and along Page 2

3 any and all State and County owned/maintained roadways lying within the boundaries of the [Town/Village]. C. No Person shall create Concentrated Traffic on Roads unless a haul route notification form is first submitted, and a road use agreement, substantially in the form as that agreement attached hereto as Appendix A, is obtained ( Road Use Agreement ). The Road Use Agreement shall contain provisions requiring the approval by the [Town/Village] of the Person s haul route; payment of a non-refundable deposit; maintenance of an escrow account; insurance, bonding and indemnification; and the repair of, or reimbursement of the [Town/Village] for its repair of, all damages caused to Roads. Strict adherence to the terms and conditions of the Road Use Agreement is required and any violation, breach or nonconformance therewith shall also constitute a violation of this Local Law. D. The following vehicles are granted exemptions from this Local Law: Maintenance, repair and service vehicles owned and operated by municipalities or fire companies on official municipal or firefighting business; maintenance, repair and service vehicles owned and operated by a utility company/authority on official utility business; Local Delivery; and vehicles related solely to farm woodland or land used in agricultural production, as those terms are defined pursuant to New York Agriculture & Markets Law 301. Upon written application by any Person owning or operating a vehicle or vehicles subject to this exemption, the [Town/Village] [Commissioner of Public Works/Highway Superintendent] may issue a permit providing appropriate exemption to such vehicle. Every such permit may designate the route to be traversed and contain other reasonable restrictions or conditions deemed necessary. Every such permit shall be carried on the vehicle to which it refers and shall be open to inspection by those Persons described in Section 6(A). Such permits shall be valid for 1 year from the date of issuance, at which time a renewal shall be required. E. Signs shall be installed on all major Roads entering [Town/Village], referencing this Local Law. Section 6. Enforcement, Stop Work Orders, Revocation and Penalties Page 3

4 A. This Local Law shall be administered and jointly enforced by the [Town/Village] enforcement officers (including but not limited to [Highway Superintendent/Commissioner of Public Works] and Code Enforcement Officer), the police agencies of Broome County and NYS and/or officials authorized by the [Town/Village] Board of the [Town/Village]. B. The [Commissioner of Public Works/Highway Superintendent] and the Building and Code Enforcement Officer shall each have the right and authority to issue stop work orders and/or appearance tickets pursuant to this section to those Persons operating in violation, breach, or non-conformance of the terms of this Local Law, the Road Use Agreement or applicable provisions of law (a Violation ). If a Violation occurs, the [Town/Village] may also take any action permitted by applicable law or allowable under the Road Use Agreement. C. Any Person who has a Violation shall be deemed guilty of a Misdemeanor and, upon conviction thereof, shall be subject to penalties in a fine of not less than $1,000 and imprisonment up to one year. D. In addition to those penalties prescribed herein, any Person who has a Violation shall be liable for a civil penalty in an amount not to exceed $5, for each day or part therefore during which such Violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the [Town/Village]. E. If the Violation is of a continuing nature, each twenty-four hour period during which it occurs shall constitute an additional, separate and distinct Violation. F. An action or proceeding may be instituted in the name of the [Town/Village], in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any Violation or to enforce any provision of this Local Law. The [Town/Village] may seek restitution for costs incurred by the [Town/Village] in remedying each Violation, including but not limited to reasonable attorney s fees. G. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any Violation described in this Local law. Any remedy or penalty specified in this section may Page 4

5 be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section. Section 7. Severability If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the [Town/Village] Board of the [Town/Village] hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 8. Repealer All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. Section 9. Effective Date This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Page 5

6 APPENDIX A ROAD USE AGREEMENT Page 6