Many Towns in New York may be experiencing increased traffic due to the activity of new energy technologies, such as the Marcellus shale gas drilling and wind farms. Such traffic may exceed the capacity of local roads. This may result in serious problems for various Municipalities, including public safety concerns, unexpected road damages, and impacts on local highway budgets which are already stretched too thin. Addressing these issues can be overwhelming for any Municipality since it involves complex engineering, legal, and political components.
In an effort to meet the needs of Towns facing these issues, Delta is pleased to announce its partnership with the Multi-Municipal Task Force (MMTF) to provide engineering services for the development of Road Use Agreements. The MMTF has been working to create a uniform method of coping with the traffic that accompanies these new energy technologies. The heart of this approach centers on the implementation of Road Use Agreements (RUA).
What is a Road Use Agreement (RUA) and why have one?
A RUA is simply a contract between a Municipality and a Developer, establishing a legally binding permit process for road use and the compensation for road damages which occur as a result of increased traffic exceeding normal use on local roads.
The following real life examples illustrate the necessity of an RUA:
- EXAMPLE 1: An upstate Municipality faced a wind farm project with heavy traffic exceeding the capacity of local roads. The Municipality contacted the Developer to negotiate an RUA, but the Developer did not respond and started construction. The Municipality was left with no choice but to post the road, involving local law enforcement. The result was that the overweight traffic was restricted. Soon the Developer decided to negotiate an RUA with the Municipality. Under the RUA, project activity resumed, the project was successfully completed, and a settlement
was paid by the Developer for full repair of the local road damages.
- EXAMPLE 2: A southern tier Municipality experienced additional traffic from gas drilling in a neighboring Pennsylvania Borough. One day a school bus using one of the heavily traveled roads found itself trying to negotiate a severely degraded road. The bus was full of students at the time and ended up stranded until a passing motorist could go for help. There was no RUA in place and no responsibility was taken by the Developer for public safety or repair of ongoing damages.
- EXAMPLE 3: A gas pipeline was installed through a southern tier Municipality. During installation, the Highway Supervisor observed significant damage to the local roads. Attempts were made to reach an agreement for damages. Negotiations failed due to significant variance in the amount of damage claimed by the Developer and Municipality. In the absence of an RUA, there was no verifiable record of actual road conditions before and after the Developer’s use and there was no technical basis to resolve the disagreement. Costly legal proceedings resulted which could have been prevented with an RUA.
The Multi-Municipal Task Force (MMTF) has been a leader within the State in its efforts to prepare a model RUA process for adoption by member Towns. The process has included the creation of a template RUA and now Delta will be working with the MMTF and its legal counsel to develop local law that can be adopted by member Towns to provide the authority for establishing an RUA permit requirement. In addition Delta is working with the MMTF to establish an automated web based RUA processing center that will incorporate technical services required for implementation of an RUA from “start to finish” of Developer activities including technical documentation for the reimbursement of road damages.
It is anticipated that in the coming months New York will face a dramatic increase in heavy traffic associated with continuing gas exploration, drilling, and wind farms. The MMTF understands that its municipal officials have a responsibility to professionally manage gas drilling impacts to public infrastructure in a manner which supersedes the diverse political sentiments surrounding gas drilling. The MMTF seeks to facilitate the safety of local roads with the conviction that the greatest chance of success will be attained by unified efforts of Towns across New York State. By working together, it will be possible to greatly reduce the costs of implementing an RUA on a per Town basis, and the ability of such efforts to be upheld within the judicial system will be greatly enhanced by a sound technical basis and a show of unity and consistency across the State.
Road Use Agreement (RUA) Services
Phase I – Road Network Data Baseline
RUA Road Condition Survey: Survey of 20 mile sample of typical Town roads, assess geometric characteristics of roads, rate condition of roads (asphalt, aggregate, earthen).
Optional Survey of all Roads: Survey all remaining roads for implementation of pavement management system for entire Town Highway Network. Provide comprehensive maintenance and repair plan for all roads.
Highway Supervisor Interview:
- Mail questionnaire to Highway Supervisor for completion prior to interview
- Conduct interview with Highway Supervisor
Establish Highway Network Database: Use survey and interview data to determine typical maintenance, repair, construction practices, and unit costs, for use in implementation of RUA and cost estimates for road damages.
Phase II –Adopt Local Law and RUA Permit Process, Establish Town Link into Web Based Automated RUA Processing Center
Adopt RUA Permitting Process and Local Law
- Determine Traffic Conditions Triggering RUA Permit
- Review Existing Town Laws and Adapt Template RUA law to Fit
- Provide Draft Resolution for New RUA Permit Law for Passage by Town Board
Implement RUA Permit Process
- General Review of Town Administration Procedures
- Determine if any modifications of Template Permit Forms are needed
- Publish Permit Forms with required modifications
- Train Town Personnel to Implement Permit Application Process
- Establish Town Link to Web Based Portal for Automated RUA Permit Processing
- Train Town Personnel to implement RUA Permits Using Web Based System
Optional Implementation of SEQRA for Individual Town or Group of Towns
Phase III – RUA Processing
When the gas drilling begins, Towns will enter RUA Permit information into a Web based RUA Management Center. The permits will be automatically processed, including:
- Passwork Protected access to Web based RUA Management System
- Notifications to Town Supervisor, Board, Attorney, and Highway Superintendant and other concerned agencies of Action Items, Deadlines, and Pending Actions
- Initiation of Legal Services to Establish Bonds, Escrows for Gas Companies
- Inititiation of Legal Action Against Non-compliant Agencies
- Engineering Haul Route Inspections and Approvals
- Engineering Determination of Haul Route Improvements and Costs
- Pre/Post Engineering Evaluation of Haul Route Condition and Capacity
- Engineering Estimates of Road Damages Caused by Permitted Users
- Billing Permittees for Road Damage Recovery
- Collection Actions Against Delinquent Payment
