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 131.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) AASHTO means
				  the American Association of State Highway and Transportation Officials, located
				  at 444 North Capital St. NW, Suite 225, Washington, DC 20001. AASHTO
				  continually undertakes studies relating to highway design, use and safety and
				  develops nationally recognized standards relied upon by FHWA and by all State
				  highway agencies including the department. While this Part does not mandate
				  compliance with any particular AASHTO publication or standard, (except where
				  required by FHWA regulation) utilities are encouraged to avail themselves of
				  information published by AASHTO as an aid in developing plans for work within
				  the right-of-way.
(b) Base course
				  means a layer(s) of specified or selected material that lies below the hard top
				  surface of the roadway.
(c) Carrier
				  means the pipe directly enclosing a transmitted commodity.
(d) Casing means the pipe through which the
				  carrier pipe is placed.
(e) Clear
				  zone means the area adjacent and parallel to a section of traveled way that
				  shall be free of nontraversable hazards and fixed objects as determined by the
				  department.
(f) Deflection area or
				  deflection zone is the distance guiderail will deflect as per design.
(g) Department means the New York State
				  Department of Transportation.
(h)
				  Federal-aid highway projects means State administered highway projects
				  involving Federal-aid highway funds, or otherwise subject to Federal
				  regulation.
(i) FHWA means the
				  Federal Highway Administration.
(j)
				  Highway with full control of access (sometimes referred to as a freeway) means
				  a highway on which there is control of access giving preference to through
				  traffic by providing access connection only with selected public roads, and
				  prohibiting other crossings at grade or direct private connections.
(k) Highway means any public way for
				  vehicular travel, including the entire area within the rights-of-way.
(l) Municipal utility or State utility means
				  a utility facility that is owned by a municipality within New York State, or by
				  the State, or by a public benefit corporation established by the New York State
				  Legislature.
(m) MUTCD means the
				  New York State Manual of Uniform Traffic Control Devices (15 NYCRR Chapter
				  V).
(n) Highway with partial
				  control of access means a highway on which there is control of access giving
				  preference to through traffic to a degree that may permit access connections
				  with selected public roads, or with some crossings at grade, or private
				  driveways.
(o) Nationally
				  recognized standards means standards accepted by a consensus of those
				  substantially concerned with their scope and provisions. References to
				  nationally recognized standards are not references to any single publication,
				  but to standards nationally adhered to by those in the industry.
(p) Pavement structure means the combination
				  of subbase, base course and surface course(s) placed on a subgrade to support
				  the traffic load and distribute it to the roadbed.
(q) Private utility means utility facilities
				  not regulated by a United States or New York State government agency and, that
				  are devoted to private use.
(r)
				  Public utility means utility facilities that are regulated by a United States
				  or New York State government agency.
(s) Right-of-way means real property or
				  interest therein, used for the construction, operation, and maintenance of a
				  highway.
(t) Roadbed limits means
				  points of intersection of the side slope and the bottom of the pavement
				  structure where the slope is downward from the shoulder area, or the
				  intersection of the side slope or embankment with the furthest edge of the
				  shoulder where the slope is upward from the shoulder area, or the furthest edge
				  of the shoulder where there is no slope.
(u) Roadway means the highway area between
				  outer edges of shoulders.
(v) Sight
				  distance means the length of roadway ahead visible to the driver.
(w) Subbase means the layer or layers of
				  specified or selected material of designed thickness placed on a subgrade to
				  support a base course.
(x) Subgrade
				  means existing material to remain, or embankment material which is below the
				  pavement structure.
(y) Utility
				  means the entity owning and/or operating a utility facility.
(z) Utility facilities means the lines,
				  facilities and systems for producing, transmitting, or distributing
				  communications, signal, power, electricity, light, heat, gas, oil, crude
				  products, liquid products, water, steam, wastes, storm water not connected with
				  highway drainage, and other similar commodities, including fire and police
				  signal systems and street lighting systems, which directly or indirectly serve
				  the public or any part thereof. It is not material to this definition whether
				  the utility facilities are subject to the Public Service Commission, the
				  Commission on Cable Television, or other similar New York State governmental
				  agency, or whether or not they serve the public or are for private use, are
				  interstate or intrastate, or whether they are owned and operated by a
				  government agency or by a person or other entity, corporation or other
				  entity.
(aa) Utility service
				  connection means a service connection, from a utility distribution or feeder
				  line or main to the premises served.