A. Statutory authority; determination of well water quality; Holland Aquifer.

See § 120-49.1A(1) for information on statutory authority.

The applicant shall seek the consent of each owner and, upon approval, shall determine the quality of all water wells located within 1,000 feet of both vertical and/or horizontal gas/oil wells. The applicant will provide pre- and post-construction testing by a qualified testing entity for all domestic water wells located within 1,000 feet of the proposed well site at no cost to the owner. Results of both the pre- and post-construction testing will be provided to the landowner and to the Town as a supplemental addition to the special use permit.

In the event there are subsequent adverse changes between the pre- and post-construction testing, attributable to the location, construction and use of the gas or oil wells, the applicant shall be responsible for all damages, both actual and consequential, caused by the construction and use of the gas or oil wells. The duration and frequency of subsequent sampling will be determined on a case-by-case basis depending upon the location of the oil and natural gas well in relation to surrounding water wells.

(4) In the event the proposed drilling for oil and gas wells is within the "zone of contribution" to the Holland Aquifer, the applicant shall provide the Town with pre- and post-construction testing.
 

B. Permit required.

(1) This section is enacted pursuant to New York State Municipal Home Rule Law, New York Town Law, and New York Vehicle and Traffic Law §§ 385 and 1660, as to provide for the general health, safety and welfare of the citizens of the Town to regulate by permit the operation of motor vehicles exceeding the weight and dimensions standards set forth by New York Vehicle and Traffic Law § 385 (hereinafter "permit").

(2) Any vehicle or combination of vehicles that exceed the weight or dimensions standards set forth in New York Vehicle and Traffic Law § 385 shall be prohibited from operating on roads under the jurisdiction of the Town unless holding a permit issued under the provisions of this section.

(3) This section shall only apply to permits issued in connection with a "major project" as defined in this subsection. For purposes of this section, "major project" shall mean a commercial activity involving the installation, development or construction of one or more oil or natural gas wells and related infrastructure and facilities.

(4) The Town Superintendent of Highways shall authorize the Town to issue the permits established by this section. The Town Board shall set fees for such permits in accordance with the cost of issuing the permit and of inspecting and regulating the permitted activity.
 

C. Permit procedure.

(1) The Town Highway Superintendent shall make available to any applicant who wishes to operate a motor vehicle exceeding the weight and dimensions standards established by the New York Vehicle and Traffic Law a permit application which shall require the applicant to submit, in a form acceptable to the Highway Superintendent, the following:

(a) Proof of valid state motor vehicle registration for each vehicle.
(b) A valid New York State special hauling permit issued by the New York State Department of Transportation pursuant to New York Code of Rules and Regulations (NYCRR) Part 154 (17 NYCRR 1545).
(c) A specification of the Town highways for which a permit is requested as well as a route map indicating the applicant's proposed hauling routes, if applicable.
(d) Proof of liability insurance, as requested by the Highway Superintendent.
 

(2) Additional relevant information may be required in the permit application as deemed necessary for the purposes of this section by the Highway Superintendent.
 

D. Permit conditions. The Town Highway Superintendent is specifically authorized to attach appropriate conditions to any permit issued under this section so as to ensure that hauling and road use by the applicant is consistent with the statutory purpose of New York Vehicle and Traffic Law § 385 and provisions of this section relating to an applicant's obligation to repair or replace any damage to Town roads occasioned by use of the permit. The specifications and costs associated with such repair or replacement shall be determined by the Town in accordance with statutory provisions regarding contracts for purchases of services.

E. Multiple permits. Should an applicant or one or more related applicants or one or more applications related to the same project or purpose apply for more than one permit under the terms of this section, such applicant(s) must execute a road maintenance agreement acceptable to the Highway Superintendent substantially in a form approved by the Highway Superintendent and made part of the application form referred to in Subsection C herein.

F. Permit and road maintenance agreement conditions. The Town Highway Superintendent is authorized to attach appropriate conditions to any permit issued under this section and/or to the road maintenance agreement so as to ensure that hauling and road use by the applicant is consistent with the statutory purposes of the New York Vehicle and Traffic Law § 385, New York Vehicle and Traffic Law § 1660 and the provisions of this section relating to the operation of motor vehicles exceeding the weight and dimensions standards set forth in New York Vehicle and Traffic Law § 385 and the applicant's obligation to repair or replace any damage to Town roads established by this section and New York State law.

G. Duration and term. Permits under this section shall be issued for a period of one year and are subject to renewal for one-year periods, provided that the applicant has complied with the conditions of the permit and, if applicable, the road maintenance agreement.

H. Revocation of permit; stop orders. The Highway Superintendent is authorized to suspend any permit issued under the terms of this section upon the issuance of a written notice of permit violation issued to the permit holder. Upon the issuance of a notice of permit violation, which may contain an order immediately suspending the permit, the permit holder shall have an opportunity to correct any violation of the permit or shall have an opportunity to be heard by the Highway Superintendent within five days of the notice of the permit violation. Should the applicant fail to correct any violation of an issued permit as specified by the Highway Superintendent, said permit may be revoked on 10 days' written notice to the applicant.

I. Security bond. Any applicant(s) for permits under this section which may be subject to the requirement of a road maintenance agreement shall fully comply with the indemnity, insurance and security provisions contained in said road maintenance agreement.

J. Additional requirements.

(1) Any permit holder shall provide the Highway Superintendent with a minimum of 72 hours' notice of a permit holder's intent to commence use of the permit on Town roads, and further, said applicant shall be required, upon request by the Highway Superintendent, to provide the Highway Superintendent with detailed information regarding the locations and duration of the truck routing activity authorized by the permit.

(2) The Highway Superintendent may waive the requirements of this section for publicly owned vehicles, those vehicles owned by a public utility and emergency vehicles.
 

K. Violations and penalties.

(1) Any person who shall operate or move a vehicle or a combination of vehicles the weights or dimensions of which shall exceed the limitations provided in § 385 on Town roads or highways without obtaining the permit required hereunder shall be guilty of a violation, which shall be punishable by a fine not exceeding $500 per occurrence for the first violation and not to exceed $1,000 per occurrence for each subsequent violation.

(2) The Town is specifically authorized to institute a civil action in New York Supreme Court to compel compliance with this section.

See Forms for more information.