The following is a draft. The Planning Board is working on how to treat agricultural and forestry activities and will consider adding an exemption or other language. David Young
Draft Town of Warwick Road Preservation Bylaw
The purpose of this bylaw is to maintain the safety and general welfare of the residents of the Town of Warwick by regulating high frequency and high impact commercial transportation activities that have the potential to adversely impact local roads and public property.
Section 1. Definitions.
Designated Route – The route for the High Impact Truck Traffic.
High Impact Truck Traffic – Traffic to and from a project site, whether or not located in the Town of Warwick, that generates ten (10) or more one-way truck trips in any one week over the life of the permit over Local Roads, involving trucks that exceed twenty (20) tons (combined truck and load).
Local Road – A road or public right-of way located in the Town of Warwick that is owned and/or maintained by the Town of Warwick. A local road includes, but is not limited to the road (subsurface), road surface, shoulders, ditches, all structures (bridges, culverts, pipes), other appurtenances (guardrails, public utilities, signs, traffic signals) and other improvements to the road or public right-of-way.
Permittee – The holder of a High Impact Use Permit. It is the entity responsible for generating the truck traffic, and usually is not the truck owner/operator.
Section 2. High Impact Use Permit Required.
Any user of a Local Road that will undertake transportation activities that meet the definition of High Impact Truck Traffic shall obtain a permit prior to engaging in such transportation activities (“High Impact Use Permit”), and shall have a copy of the permit in the truck.
Section 3. Permitting Authority.
The Board of Selectmen or its designee shall be responsible for the administration and enforcement of this bylaw as the Permitting Authority.
Section 4. High Impact Use Permit Application Requirements.
Applicants are strongly encouraged to meet with the Permitting Authority to discuss its proposed transportation activities prior to submitting an application. The following information must be provided by the applicant as part of an application for a High Impact Use Permit:
a) Applicant’s contact information including company name, address, telephone number and the name and title of the person responsible for the transportation activities regulated herein.
b) A road map and narrative description of the Designated Route.
c) Video documentation of the condition of Local Roads along the Designated Route completed by an independent third party selected by the Permitting Authority and paid for by the applicant.
d) The Permitting Authority may require additional studies of the Local Roads by an independent third party selected by the Permitting Authority and paid for by the applicant, including but not limited to distress surveys, rutting and cross slope assessments, road roughness assessments, core sampling, and culvert and bridge condition surveys.
e) Any other documents, maps, sketches and plans that the Permitting Authority may require.
f) All other submittals required by this bylaw, including but not limited to proof of insurance and a financial surety to cover roadway maintenance and repair.
Section 5. A High Impact Use Permit fee of $150
Section 6. Technical Review Fee.
When reviewing the application material for a High Impact Use Permit the Permitting Authority may hire outside consultants to assist with its review. In such cases, the Permitting Authority may require that the applicant pay a “technical review fee” consisting of the reasonable costs incurred by the Permitting Authority for the employment of qualified independent consultants engaged by the Permitting Authority to assist in the review of the application.
Section 7. Permittee Liable for Damages to Local Roads.
Permittee is responsible for all costs and expenses to repair damage to Local Roads caused by the Permittee’s transportation activities. Permittee shall not be responsible for normal wear and tear or pre-existing damage identified in the original assessment of road conditions that was not worsened by the transportation activities of the Permittee.
Section 8. Post Transportation Local Road Assessment.
Within two weeks of the completion of the transportation activities regulated under the High Impact Use Permit, an independent third party selected by the Permitting Authority and paid for by the applicant shall re-assess the condition of Local Roads along the Designated Route in the same manner as the original assessment. The independent third party shall prepare a written report identifying the damage, if any, caused by the Permittee’s transportation activities, including a cost estimate to repair the damage. The Permittee will also be responsible for repairing any additional damage identified by the Town after the initial independent assessment for up to 12 months.
Section 9. Required Repairs to Local Roads.
a) Upon the completion of the post transportation assessment of the Local Roads, the Permittee shall undertake such repairs to restore the Local Roads along the Designated Route to their pre-existing condition, ensuring that all damage identified in the assessment attributable to the Permittee’s use of the Local Roads has been addressed to the satisfaction of the Permitting Authority. Any such repairs shall be made promptly according to the specifications and timeline of the Permitting Authority.
b) An independent third party selected by the Permitting Authority and paid for by the applicant shall re-assess the condition of Local Roads impacted after repairs have been completed and such repairs must be completed to the satisfaction of the permitting authority. If the Permittee fails to make such repairs as required herein the Permitting Authority may call-in the roadway repair and maintenance financial surety to pay for the repairs.
Section 10. Responsibility to Meet Higher Standards.
If the replacement or repairs to Local Roads requires meeting higher standards due to new state or federal regulations, the Permittee shall pay the additional costs necessary to meet those standards.
Section 11. Roadway Repair & Maintenance Financial Surety.
a) An applicant shall present to the Town of Warwick a roadway repair and maintenance financial surety in a form and amount acceptable to the Permitting Authority which it deems sufficient, based on estimates from a qualified civil engineer, to cover the estimated cost of repair or reconstruction of all Local Roads along the Designated Route.
b) In determining the dollar amount required, the Permitting Authority shall take into account the type of road (dirt, gravel, oil and stone, asphalt), width of road, existence of bridges, culverts, drainage pipes and other features as deemed appropriate.
c) Prior to the roadway repair and maintenance financial surety expiring or being changed, cancelled or expended the Permittee shall renew, extend or replace the financial surety on the same terms and conditions of the original financial surety and immediately provide proof thereof to the Permitting Authority.
d) The Permitting Authority may revoke the High Impact Use Permit if the Permittee fails to provide a current roadway repair and maintenance financial surety as required herein.
e) Upon a determination by the Permitting Authority that the Permittee has caused no damage to the Local Roads along the Designated Route or upon a determination by the Permitting Authority that the damage has been repaired to its satisfaction, the Permitting Authority shall release the roadway repair and maintenance financial surety. However, the Permitting Authority in its discretion may take up to 24 months after the completion of transportation activities to make its final determination in order to allow for sufficient time to elapse for hidden damage to be evidenced. The Permittee shall maintain the financial surety during this 24 month time period unless sooner released by the Permitting Authority.
Section 12. Insurance.
An applicant shall present proof of insurance to the Permitting Authority in the form and amounts as provided below:
a) General liability coverage in the amount of two million dollars ($2,000,000) naming the Town of Warwick and its employees as an additional insured.
b) General aggregate liability insurance in the amount of two million dollars ($2,000,000) naming the Town of Warwick and its employees an additional insured.
c) Permittee shall maintain the insurance policies as required by this section while the transportation activities authorized under the High Impact Use Permit are continuing.
d) The Permitting Authority may revoke the High Impact Use Permit if the Permittee fails to maintain a current insurance policy as required by this section.
Section 13. Additional Conditions on High Impact Use Permits.
The following conditions shall apply to all High Impact Use Permits:
a) Permittee shall provide the Permitting Authority with five (5) days written notice prior to undertaking the transportation activities authorized by the High Impact Use Permit.
b) Permittee shall provide the Permitting Authority with prompt notice of the completion of the transportation activities authorized by the High Impact Use Permit.
c) Permittee shall provide the Permitting Authority, the fire chief and the police chief with three (3) days written notice of any anticipated traffic issues that might prevent emergency vehicles from having access to the entirety of the town.
d) Permittee is limited to using the Designated Route for High Impact Truck Traffic activities.
e) Modifications to the Designated Route require the Permittee to obtain a new High Impact Use Permit.
f) The High Impact Use Permit shall not be transferred or assigned without the written consent of the Permitting Authority.
g) Permittee shall be liable for the actions of any individual or entity operating under its High Impact Use Permit.
h) Valid insurance and roadway repair and maintenance financial surety shall be maintained while the activities authorized under the High Impact Use Permit are continuing and until released by the Permitting Authority.
i) Permittee is responsible for all damages to any Local Roads that it caused, even those outside of the Designated Route. The amount of the roadway repair and maintenance financial surety shall in no way limit the financial liability of the Permittee to repair damage it caused to the Local Roads.
Section 14. Waiver.
A request for a waiver from the requirements of this bylaw shall be made in writing to the Permitting Authority at the time of the application and contain the relief sought and the reasons therefor. In order to grant the waiver the Permitting Authority must find that:
a) Granting the waiver conforms to the purpose and intent of this bylaw;
b) Special circumstances exist that support the request for a waiver;
c) Denying the waiver would result in a hardship to the applicant, provided such hardship is not self-imposed; and
d) The waiver is the minimum necessary to accomplish its purpose.
Section 15. Violations – Fines & Revocation.
a) A violation of this bylaw or of the requirements or conditions of a High Impact Use Permit issued under this bylaw is punishable by a fine not to exceed $300 for each offense.
b) Each trip to or from the project site over Local Roads in violation of this bylaw or the requirements or conditions of a High Impact Use Permit constitutes an additional, separate and distinct offense.
c) In addition to the fines provided herein, upon the violation of any requirement or condition of the High Impact Use Permit or this bylaw, the Permitting Authority may suspend the High Impact Use Permit for no more than thirty (30) days and following a public hearing at which the Permittee shall have the right to appear and be heard, the Permitting Authority may permanently revoke the High Impact Use Permit on written notice to the Permittee.
Section 16. Severability.
Should any section of this bylaw be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the bylaw as a whole or any part thereof other than the part declared to be