§ 85-20. Definitions.

As used in this article, the following terms shall have the meaning set forth herein:

BASELINE TRAFFIC

Recurring ambient traffic presented on an annualized basis. It includes typical daily activities on Town highways (hereinafter defined), such as passenger vehicles, school buses, delivery vehicles, garbage trucks, and normal commuter and business traffic. Baseline traffic is the cause of normal wear and tear for which a Town highway is constructed. Baseline traffic does not include unusual heavy traffic occurring on a temporary basis for such things as construction activity (hereinafter defined).

CONCENTRATED TRAFFIC

Traffic intended to travel upon or traveling upon Town highways to or from the site of construction activity which:

A. 

Is not baseline traffic; and

B. 

Which will exceed the predetermined normal wear and tear thresholds of one or more Town highways or segments of Town highways.

CONSTRUCTION ACTIVITY

A. 

Any activity occurring or to occur that results in land disturbance or the improvement of a parcel. Evidence of construction activity includes, without limitation, those activities which are also being undertaken subject to:

(1) 

Federal permits and approvals including, without limitation, approvals subject to the National Environmental Policy Act and activities subject to the following nationwide permits as amended and issued by the United States Army Corps of Engineers: Permit 8 (oil and gas structures), Permit 12 (utility line activities), Permit 13 (bank stabilization), Permit 16 (return water from upland contained disposal areas), Permit 17 (hydropower projects), Permit 21 (surface coal mining operations), Permit 29 (residential developments), Permit 33 (temporary construction, access, and dewatering), Permit 38 (cleanup of hazardous and toxic waste), Permit 39 (commercial and institutional developments), and Permit 44 (mining activities); or

(2) 

State permits and approvals, including, without limitation: highway work permits, waste transporter permits, SPDES general permit for stormwater discharges from construction activity, overweight/oversize vehicle permit, authority to transport property (except household goods), divisible load overweight permit, special hauling trip and annual oversize/overweight loads permit, LCV/tandem trailer permit, and special hauling permit; or

(3) 

Local permits and approvals, if applicable, including, without limitation: aquifer protection permit, sludge disposal permit, mining permit, gravel mining permit, permit for well in aquifer area, overweight/oversize vehicle permit, zoning change, special use permit, and site plan approval.

B. 

Construction activity shall not include land clearing activity or the improvement of a parcel related solely to "farm woodland" or "land used in agricultural production," as those terms are defined pursuant to New York Agriculture and Markets Law § 301. Construction activity shall not include local travel by any vehicle(s) or implement(s) or combination thereof when used solely for farm purposes.

GEOMETRIC CONSIDERATIONS

Refer to road width, curve radii and/or grades of Town highways.

PERSON

Any person, persons, corporation, partnership, limited liability company, or other entity.

PROGRAM MANUAL

Road Protection Program Manual, Version 1.0, dated November 2011, prepared by Delta Engineers, Architects, & Land Surveyors, P.C., a copy of which is on file at the Town Hall.

TECHNICAL MANUAL

The Road Protection Program Technical Manual, Version 1.0, dated November 2011, prepared by Delta Engineers, Architects, & Land Surveyors, P.C., a copy of which is on file at the Town Hall.

TOWN HIGHWAY

Those roads and highways and related appurtenances of the Town which are owned or maintained by the Town or otherwise exist as Town highways by dedication or use, including, without limitation, roadways, shoulders, guide rails, bridges, tunnels, culverts, sluices, ditches, swales, sidewalks, or any utilities or improvements therein, thereon, or thereunder. A map of all highways of the Town is and shall be maintained by the Town Highway Superintendent.

TOWN HIGHWAY SUPERINTENDENT

The Superintendent of Highways or his or her designee.

ROAD REPAIR

Any repair to or replacement in kind of a Town highway to fix damages caused by construction activity.

ROAD UPGRADE

Any improvement to a Town highway necessary to support or safely accommodate a construction activity's concentrated traffic.

STRUCTURAL CONSIDERATIONS

Refer to Town highway structures such as bridges, culverts, guard rails and signs.