N.Y. Comp. Codes R. & Regs. tit. 16 § 604.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 604.2 - Obligations of applicants and utilities

(a) Within an applicant's residential subdivision, each utility shall construct, own, operate and maintain underground distribution and feeder facilities along public R/W and on public land and private property across which a R/W satisfactory to such utility is obtained.

(b) Before construction may proceed, the applicant shall first have:

(1) either:

(i) delivered to the utility, free from cost, any necessary R/W agreements; or

(ii) paid in advance or agreed in writing to pay the utility any charge relating to the utility's acquisition of the necessary R/W agreements, so long as the applicant indicates to the utility in writing that the applicant has been unable to obtain such agreements;

(2) in the case of nonresiding applicants, cleared any R/W necessary for the provision of utility service, at no charge to the utility, of tree stumps, brush, and other obstructions and graded such R/W to within six inches of final grade where telephone facilities will be installed; or

(3) in the case of nonresiding applicants, provided a survey map certified to by a licensed professional engineer or land surveyor and certified to as final by the applicant, showing the location of each dwelling (if known), lot, sidewalk and roadway, if requested to do so by the utility;

(4) in the case of a nonresiding applicant, placed, and agreed to continue to maintain, survey stakes indicating grade and property lines; and

(5) in the case of a nonresiding applicant, furnished to the utility, or agreed to furnish, a map showing the location of all existing and proposed underground facilities as soon as the location of such facilities is known.

(c) In the case of a nonresiding applicant, the applicant shall maintain the required clearance and grading during construction by the utilities.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 604.2