New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter B - Work Permits on State Highways, State-owned Bridges and Culverts › Part 131 - Accommodation Of Utilities Within State Highway Right-of-way › Section 131.16 - Permits and agreements

Current through Register Vol. 46, No. 28, July 10, 2024
The following permits and agreements are issued by the
					 department for all utilities, including utilities owned by
					 municipalities.
(a) Highway work
				  permit. All individual elements of a utility facility which are to be
				  constructed, removed, relocated, replaced, reconstructed, maintained or
				  adjusted, whether in conjunction with or independent of a transportation
				  project, either within or via access from the highway rights-of-way, require
				  submission of a "Highway Work Permit Application for Utility Work" and the
				  issuance of a "Highway Work Permit" prior to commencement of any work. In New
				  York City, a City highway work permit is also required.
(b) Utility work agreement. If the utility
				  work is to be included as a part of a State contract, or is to be undertaken by
				  the utility or contractor to the utility in conjunction with a State project, a
				  "Utility Work Agreement" is also required. This agreement is required whether
				  or not the work is reimbursable. The utility work agreement must be executed
				  prior to the letting of the State's construction contract and any required
				  deposits must be made to the State Comptroller in accordance with the Highway
				  Law. This agreement provides for accommodating the specified utility facility
				  within the highway rights-of-way, sets forth who is financially responsible for
				  the utility adjustment, and makes possible Federal participation where
				  applicable. The completed form is to contain special notes--"Coordination with
				  Utility Schedule", and time schedules for relocating utility facilities
				  affected by State transportation projects. It is important that reasonable
				  schedules and deadlines be established for the performance of utility
				  relocation work, pursuant to the requirements of section 11-102  of the General Obligations
				  Law.
(c) Agreement of
				  reimbursement. Work reimbursable by law requires an agreement of reimbursement.
				  Agreements of reimbursement include municipal agreements, interstate
				  agreements, right-of-way agreements of adjustment, and other agreements
				  provided by law.
(d) Use and
				  occupancy agreement. The use and occupancy agreement provides the conditions
				  for the occupation of the right-of-way and is required for all utilities,
				  except municipally owned utilities.
(e) General operating agreement. A document
				  providing for long-term cooperation and coordination, and for advance payments
				  to utilities for reimbursable work.
(f) Annual work permit. Annual work permits
				  are available on a region-wide basis for the maintenance of a utility's
				  facilities. Examples of work which can be performed under this permit include
				  pruning of trees, emergency repairs, routine maintenance and service
				  connections. Examples of work not authorized by this permit, and requiring a
				  highway work permit include replacement of poles, or other utility facilities
				  which are obsolete or near life expectancy.
(g) Pipeline installation. The highway work
				  permit application for pipeline installations shall additionally specify the
				  class of transmittant, the maximum working test or design pressures, the design
				  standards for the carrier, as well as other project specific information. Any
				  change in class of transmittants or the pressures of transmittants requires
				  prior notice to and approval by the department.
(h) Specific requirements. Highway work
				  permits and use and occupancy permits are subject to applicable provisions in
				  Parts 126 through 131, and the department and the utility will discuss and
				  attempt to mutually agree upon permit conditions, permit requirements and
				  method of construction.
(i) Owners
				  of adjoining property. Nothing contained herein, nor any permit issued pursuant
				  to these regulations shall be deemed to authorize any interference with the
				  property rights of abutting landowners, including, but not limited to rights
				  with respect to trees and other vegetation, and with entry upon private
				  property. Permittees shall be required to obtain such permission or
				  authorization as may be required by law, prior to undertaking any activity
				  which would require permission or authorizations from the owners of properties
				  outside the rights-of-way.
(j) Site
				  care and restoration. Permittees must conduct operations within the
				  right-of-way in a manner so as to minimize damage to the natural condition of
				  the landscape. Clearing operations shall be minimized in scope and conducted
				  with care. All plant material shall be pruned consistent with current
				  arborticultural practices. Deposit of an undertaking or bond or certified check
				  to guarantee site restoration, in an amount determined by the department, may
				  be required. A restoration plan, commensurate with the scale of work shall
				  accompany the permit application. If the department is required to perform site
				  restoration work, its cost will be deducted from the deposit.
(k) Conduct of work and final approval. The
				  department reserves the right to timely inspect work during construction to
				  insure conformance with the terms of the permit and this Part. Upon completion
				  of the work and notification by the permittee, the department shall have the
				  right to make a final inspection. If the work has been satisfactorily
				  performed, the permit will be closed and any excess funds on deposit will be
				  returned. For major installations and adjustments and for all underground
				  installations and adjustments, as-built plans must be submitted. The department
				  may require certification by a licensed New York State professional engineer
				  that the installation conforms with the terms of the permit. Permittee will be
				  advised of deficiencies for immediate correction. Unfinished or unsatisfactory
				  work which permittee refuses to correct will be completed by the department, or
				  by permittee's bonding company. Costs of such work and inspection are the
				  responsibility of permittee. If the work of the permittee was not performed in
				  accordance with the as-built plans or deficiencies in such work were made or
				  damage caused to persons or entities other than the permittee by the
				  performance of such work, and such is not readily apparent in connection with
				  any such inspection, the permittee shall continue to be liable for the costs of
				  such unfinished, unsatisfactory work or damage caused by such work of the
				  permittee.
(l) The erection of a
				  utility facility within the highway right-of-way not in accordance with a
				  permit issued pursuant to this Part, or the failure to remove, relocate,
				  modify, shield or adjust a utility facility within the highway right-of-way
				  upon the direction of the department shall constitute a violation of section 52  of the Highway Law, and shall subject the
				  utility to such fines as provided therein.