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 134 - Vegetation Control Permits For Advertising Signs › Section 134.4 - Permit conditions and limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Work must be started and completed within
				  the times specified in the permit.
(b) All work and materials used within the
				  right of way shall meet the requirements of this Part and all permit conditions
				  or stipulations. If alterations of the permitted work are sought after work
				  commences, written approval from the department shall be required before any
				  alterations are undertaken.
(c) The
				  department shall not be liable to the permittee, its employees or any person
				  acting under the permit for any claim arising from work covered by a permit
				  issued pursuant to this Part or resulting from the conditions on the site
				  covered by the permit. Protective liability insurance to cover the department,
				  as set forth in Part 127 and section
				  125.2(g)(3) 
				  of this Title, is mandatory. The permittee shall agree to defend and indemnify
				  this department in any claim concerning or arising out of the permittee's work.
				  Failure to maintain insurance immediately terminates a permit issued pursuant
				  to this Part.
(d) The permittee
				  shall take necessary precautions to prevent injury to persons or damage to
				  property from activities covered by the permit and shall avoid work within the
				  highway travel lanes, shoulder and clear zone to the extent practicable.
				  Whenever vehicles, equipment or work occupies a travel lane or shoulder, the
				  permittee shall control traffic, including advance warning and regulatory
				  signs, channelization and flaggers as appropriate, in accordance with the New
				  York State Manual of Uniform Traffic Control Devices (Chapter V of this Title).
				  The department may require the permittee to submit, for department approval,
				  traffic control plans or typical traffic control device deployment schemes for
				  any activities within travel lanes or the shoulder before issuance of the work
				  permit. All work shall be performed in such a manner as to minimize hazards to
				  the traveling public. No equipment, materials or work shall be located so as to
				  interfere with highway use or the visibility of highway signs, intersections or
				  interchanges and no materials shall be left overnight in the right of
				  way.
(e) The permittee shall have a
				  copy of the work permit, site plan and any traffic control plans available at
				  the site during the performance of the work specified by the permit.
(f) The department reserves the right of
				  inspection of any work performed at any time.
(g) The permittee shall remove and properly
				  dispose of all clippings, trimmings and debris to an area outside the right of
				  way, unless otherwise specified by the permit.
(h) Permits pursuant to this Part shall not
				  be issued to enhance the view of advertising signs erected on new sites after
				  January 1, 1999, unless five years have passed since the construction of the
				  sign. Permits shall not be issued for advertising signs that were erected with
				  obscured visability on new sites after January 1, 1999.
(i) Permits pursuant to this Part shall not
				  be issued for work in the Adirondack Park, in the Catskill Park, or along
				  highways designated as State parkways.
(j) Permits pursuant to this Part shall not
				  be issued for work along highways designated as scenic byways pursuant to
				  article XII-C of the Highway Law if such designation was made on or before
				  December 31, 1999. Permits issued for work along highways designated as scenic
				  byways where such designation was made after December 31, 1999 shall be in
				  accordance with the approved corridor management plan for the scenic
				  byway.