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 125 - Entrances To State Highways › Section 125.2 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person,
				  institution, corporation, or other entity desiring permanent or temporary
				  access to a State highway shall obtain a work permit from the department to
				  provide an entrance and/or exit.
(b) Written application for such permit shall
				  be made to the regional director of the department through the appropriate
				  county resident engineer or traffic and safety group and shall be accompanied
				  by plans, drawings or a sketch indicating the work proposed including the
				  applicable design dimensions required. Applications for work permits will be
				  accepted only from property owners or their authorized agents. Certification of
				  legal ownership or owner's authorization may be required. On approval of the
				  application by the department, a permit will be issued stipulating conditions
				  under which the installation is to be performed.
(c) If a property owner, lessee or agent,
				  fails to comply with the terms of a permit or to obtain a permit, the
				  department may halt the activity for which a permit is required until adequate
				  corrections have been made. Costs incurred by the department in correcting
				  failures to comply with the terms and conditions of a permit, failures to
				  obtain a permit, or defective workmanship or materials shall be borne by the
				  permittee or person undertaking the activity. The provisions of this Part shall
				  not apply to entrances already in existence on July 31, 1983, but shall apply
				  to any improvements of existing driveway connections within the State highway
				  right-of-way made after August 1, 1983. Improvement is defined as resurfacing,
				  replacement of existing pipe or a change in width, grade or location of an
				  existing driveway.
(d) Whenever a
				  State highway is reconstructed or resurfaced, existing entrances to the highway
				  shall be altered by the department at its expense to conform to the spirit and
				  intent of the policy and standards set forth in this Part.
(e) Whenever a change or expansion of a
				  business results in increased traffic on the State highway system through a
				  driveway, it may be necessary for the owner to improve the driveway and/or
				  highway including any signalization and/or widening needed for the safe flow of
				  traffic. In a few instances, any driveway control may cause severe hardship to
				  the property owner. In such cases, exceptions to the policy may be considered
				  to permit existing driveway entrances to remain unaltered where this is not
				  likely to interfere with free and safe flow of traffic on the highway. For
				  non-capital projects and capital resurfacing projects any exceptions are to be
				  considered by the regional director. On capital projects which the regional
				  office is not responsible for progressing, the regional director shall submit
				  the following information to the director of the Facilities Design Division at
				  least two months prior to the PS&E target date:
(1) A sketch at an appropriate scale, with
				  photographs showing existing conditions.
(2) An explanation of the severe economic
				  hardship that would be imposed on the owner if the driveway were altered to
				  meet the requirements of this Part.
(3) The basis for the regional director's
				  belief that retention of this nonconforming driveway will not interfere with
				  free and safe flow of traffic. This should cover such things as sight distance,
				  vehicle speeds, traffic volumes, accident history, local parking regulations,
				  and a history of other problems at the site.
In cases involving new driveways on the existing highway,
					 where strict application of this policy may create a severe economic hardship
					 for the property owner, the above factors should be considered before a
					 decision to permit any exceptions to the policy is made.