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Local Law Filing New Yorl< State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Piaza, 99 Washington Avenue .Albany, NY 12231-0001 www.dos.ny.gov (Use this form to file a local laiw with the Secretary of State.) text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ^ •County DCity S j o w n •Village S W g pE6QfaIgi (Selectone:) ' ^ • • Local Law No. A local law PEPARTMENT OF STATE of the year 20 i ^ (Insert Title) Be it enacted by the - t i ^ %::a,fcJ of the (Name of Legislative Body) •County GCity MTown •Village 'Selectone:) ' ' ' (Select one:) as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) nn.=!-n?r!q-f-i ifip.v. n4/i4i Panfi ? nf 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and stril^e out that Which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed heretp, designated as local law No. C^v ' of 20 - J ^ ^ of tjTe(County)(City;)^^)(Villagej) of \ A f j r i ; ^ ^ " ^ - ^ was duly passed by the ""n?^>OrA''^^rS3. r r l VNC^^A^ ^nn(Yfey^r )^2n_fg;^, inaccordance with the applicable (Name of Legislative Body) • ^ provisions oflaw. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(town)(Village) of > - - . • was duly passed by the : - • ' • : • - ' • on - 20 . and was (approved)(not approved) (Narne of Legislative Body) (repassed after disapproval) by the ' • . ahd was deemed duly adopted (Elective Chief Executive Officer*) 6r\ , . _ 20I I I, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. . of 20 of the (County)(City)(Town)(Village) of • . . was duly passed by the : • . J • . on • . _ 20 . • and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the ^ - nn 2 0 _ . (Elective Chief Executive Officer*) Such local law was submitted td the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(ahnual) election held on 20 , in accordance with the applicable provisions of law. . 4. (Subject to permissive referendum and final adoption because no valid petition Was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 2 0 _ of the (County)(City)(Town)(Village) of . : was duly passed by the - • - • . - • • • • • on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on . . ' 20_ . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum.and no valid petition requesting such referendum was filed as of . . 20 , in accordance with the applicable provisions of law. * Eiective Chief Executive Officer rtieans or includes ttie chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. r)aR-n?:^9-f-\ IRe^v. MI^A) Pans a of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No . . of 20 of the City of ^ having been submitted to referendum pur-suant to the provisions of section (36)(37) of the Municipal Horne Rule Law, and having received the affirmative vote ofa majority ofthe qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) r I hereby certify that the local law annexed het-eto, designated as local law Nn ^ of 20 of the County of State of New York, having been submitted to the electors at the General Election of November . • 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors ofthe cities of said county as a unit and a majority of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have cohnpared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph, I above. A n / — ^ ' Clerk oT the c ^ 1 5 Oi^. t^J^ Cierl< of the county legislative body, City, Town or Village Clerl< or officei- designated by local legislative body m^lftS^^ ' Date: _IA\M:>_jj5. IS/ ^ f% nn,9-n?3C)-f-l 04/14^ P a n f i 4 o f 4 ---PAGE BREAK--- ROAD PRESERVATION LOCAL LAW TOWN OF VICTORY October 12, 2015 A local law to establish road preservation for the Town of Victory, Cayuga County, NY Be it enacted by the Town Board of the Town of Victory as follows: Section I - Purpose Section II-Applicability Section III - Definitions Section IV-.General Provisions Section V - Seismic Testing Special Conditions Section VI - Other Special Conditions Section VII - Fees Section VIII-Appeals Section IX - Request for Variance ' Section X - Invalid Segment Section XI - Effective Date Attachment A-Road Preservation Local Law Worksheet Attachment B - Fee Schedule SECTION I: PURPOSE The purpose of this Local Law is to maintain the safety and general welfare of Town residents by regulating commercial activities that have the potential to adversely affect road right-of-ways. Well maintained roads are important to the economic well-being of the Town. Commercial endeavors, such as timber harvesting and mining, are also economically beneficial. This law is not intended to regulate such businesses: the intent is to protect the public right-of-ways from damage. The Town Board ofthe Town of Victory hereby enacts the following Road Preservation Local Law pursuant to the provisions of the IVlunicipal of the Municipal Home Rule Law. SECTION II: APPLICABILITY The Victory Town Board delegates to the Victory Highway Superintendent the oversight of assuring commercial activities do not have an adverse impact on public right-of-ways. SECTION III: DEFINITIONS 1. High Frequency, High Impact Truck Traffic: Traffic to and from a single project site-that generates more than ten truck trips per day, involving trucks that exceed 20 tons (truck and load combined) that could impact Town road right-of-ways. Any seishnic testing by vibroseis trucks (aka "thumper trucks") is considered high frequency, high impact truck traffic. ---PAGE BREAK--- 2. Bond: A commercial bond to ensure that the condition of the town roads impacted by high frequency, high impact truck traffic is left in as good or better condition at the completion ofthe project as they were at the start of the project. 3. Road Preservation Local Law Worksheet (Appendix Worksheet is to be completed by hauling contractor or project sponsor, summarizing the project, project location, start and completion dates, expected max gross vehicle weights used for the project, proposed truck routes, and any other items that the Town Highway Superintendent deems necessary. 4. Preliminary Bond Release: A bond release given by the Town Highway Superintendent based on satisfactory road conditions at project completion. 5. Final Bond Release: Final release of the Bond by the Victory Town Board. SECTION IV: GENERAL PROVISIONS 1. Prior to the start of any project that involves high frequency, high impact truck traffic that could have an impact on the Town right-of-ways, a permit must be obtained. A bond amount shall be determined by the Town Board and will be listed on the fee schedule on file with the Victory Town Clerk. The amount ofthe bond may be changed bythe Town Board by Resolution. A completed Road Preservation Local Law (RPLL) Worksheet (Attachment available from the Town Clerk or Town Highway Superintendent, must be submitted to the Highway Superintendent; 2. The Highway Superintendent will decide if the scope of work is such that a Bond is required. If no Bond is needed, the RPLL worksheet is approved by the Superintendent and becomes a Work Permit. 3. If the Highway Superintendent determines that a Bond is required, the bond must be paid to the Town of Victory and remitted to the Town Supervisor. The Worksheet will then be approved by the Highway Superintendent and becomes the Work Permit. 4. Upon issuance of the Work Permit and prior to commencement of the work, the hauling contractor or project sponsor will arrange and pay for video documentation of condition ofthe roads, shoulders, and all structures (culverts, bridges, etc.) that will be traversed by the permitted traffic. The video documentation will be conducted by an independent third party and will be submitted to the Town Supervisor pnor to commencement of the work. Video documentation will also occur and within two weeks ofthe conclusion ofthe permitted work. All video documentation will be submitted to the Town Supervisor within one week of recording. Failure to submit the required video documentation will result in immediate revocation of the Work Permit. 5. Upon completion ofthe project, the hauling contractor or project sponsor will apply to the Highway Superintendent for a Preliminary Bond Release. Upon inspection ofthe work site, as necessary, the Highway Superintendent may approve the release of the Bond. If the release is not approved, the Superintendent will specifically document the tasks that must be accomplished in order for the Bond to be released. In this case, the hauling contractor or project sponsor will be financially responsible for correcting the specified problem(s) items and then reapply for a Bond Release. Final Bond Release must be approved by the Town Board for repayment of the Bond funds. ---PAGE BREAK--- . 6. If the hauling.contractor or project sponsor does not comply and operates outside the parameters as specified on the Worksheet, any law enforcement officer or Code Enforcement Officer has the authority to shut down the project. 7. The hauling contractor or project sponsor will be responsible forjhe repair of any damages that " occur to the Town of Victory road right-of-ways, when a project proceeds without a proper permit. SECTION V: SEISMIC TESTING SPECIAL CONDITIONS The hauling contractor or project sponsor shall supply proof of insurance co-namjng the.Town of Victory with a minimum of $3 million liability insurance coverage. The Town shall be notified 30 days prior by the insurance company of termination of such coverage. SECTION.VI: OTHER SPECIAL CONDITIONS 1. In no event shall vehicles or equipment be parked or located outside the roadway boundaries nor block access by neighboring landowners. 2. Traffic will be maintained in accordance with the Uniform Traffic Control Manual. 3. The hauling contractor or project sponsor shall be responsible for any and all repairs of damages caused by their operation to any town property. 4. This law applies to the entire duration of any project that induces high frequency high impact traffic, as defined above. 5. If any of these conditions are not met, the permit is automatically voided and all work shall cease. SECTION VII: FEE A non-refundable processing fee as depicted in the Town of Victory Fee Schedule, payable to the Town of Victory, must accompany each Worksheet submitted to the Highway Superintendent. SECTION Vlil: APPEALS Contractor has the right to appeal to Victory Town Board. SECTION IX: REQUEST FOR VARIANCE Request for a variance from the standards set forth in this Local Law shall be made to the Victory Town Board in writing and shall contain the grounds on which the appellant relies for requesting the variance, including allegation on any facts on which the appellant will rely. Where the Victory Town Board finds that due to special circumstances of the particular case a waiver of certain requirements as stated in Section IV is justified, then a variance may be granted. No variance shall be granted, however, unless the Town Board finds and records in its minutes that: granting the variance would be keeping the intent and spirit of this Local Law and is in the best interest of the community, there are special circumstances involved in the particular case; (cj denying the variance would result in undue hardship to ---PAGE BREAK--- the applicant, provided that such hardship has not been self-imposed; the variance is the minimum necessary to accomplish the purpose. SECTION X: INVALID SEGMENT Should any section or provisions of this Local Law contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a Whole or any part thereof-other than the part declared to be invalid. SECTION XI: EFFECTIVE DATE This Local Law shall take effect upon filing with the Secretary of State. ---PAGE BREAK--- ATTACHMENT A ROAD PRESERVATION LAW WORKSHEET Hauler/Project Sponsor: Address: Phone: 2. Work Description (logging, gravel mining, natural gas drilling, etc.): Work Location: _ ^ ' Proposed Truck Routes (include miles to. be traveled on each road) Land Owner: Address: Phone: Start Date: Completion Date: Expect Maximum Gross Vehicle Weight: Maximum Truck Trips per Day: Bond Amount:. Approval Date: Date Paid: 6. Preliminary Bond Release Application Date: 7. Specific Repairs: ^ _Highway Superintendent 8. Final Bond Release Application Date: 9. Final Bond Release: Date: Town Supervisor ---PAGE BREAK--- Attachment A Fee Schedule Road Type Dirt and/or Chip Seal Asphalt with. Asphalt with ' Gravel (gravel with tar) Base>4" Base Bond per mile $3,500 $15,000 $54,570 $94,200 Multiply by Number of miles Multiply by Number of vehicles on the peak travel day on the project ROAD TOTALS: Structures 60" up to 19' 60" up to 19' 20" and 20"and (bridges 11" 11" greater* greater* and/or culverts by diameter) , Bond per $500,000 $500,000 $1,500,000 $1,500,000 structure Multiply by number of structures STRUCTURE TOTALS: BOND TOTAL: "Multiple spans will require a bond for each span of $1,500,000 ---PAGE BREAK--- Example Route: Town of Victory: Bell Road 1.1 miles to Route 370 Road Type Dirt and/or Chip Seal Asphalt with Asphalt with Gravel (gravel with tar) Base>4" Base Bond per mile $3,500 $15,000 $54,570 $94,200 Multiply by . 1.1 Number of miles Multiply by 25 Number of - vehicles on the peak travel day on the project ROAD TOTALS: $412,500.00 Structures 60" up to 19' 60" up to 19' 20" and 20"and (bridges 11" 11" greater* greater* .and/or culverts by diameter) Bond per $500,000 $500,000 $1,500,000 $1,500,000 structure Multiply by number of structures STRUCTURE TOTALS: BOND TOTAL: $412,500.00 ---PAGE BREAK--- TOWN OF VICTORY Victory, New York Victory, New TOrK • Resolution dated Orklur ,20/S At the Town Board meeting of the Town of Victory, Cayuga County, New Yoric which was held at Town Ram Ro3d. Red Creek. NY on .Sia/JT. PRESENT: F\PA rv^ P i i t v o f f \A\C)rYt\ Wiggins ABSENT: Lpf^m rrl Hn nd The following resolution was made by Councilman S jxn-lcjo:^ seconded by Councilman \ldLV\ ^C>l^ Ictf , , and voted as follows: _aye / nay ^ ays / nay BE FT RESOLVED, as follows. . 1. The Town of Victory, Cayuga County, New York , /O^U J- o^f"^ • " ' 2. This Resolution shall take effect immediately upon its adoption. BY ORDER OF THE TOWN BOARD, TOWN OF VICTORY, NEW YORK T