N.Y. Comp. Codes R. & Regs. tit. 17 § 131.16

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

Section 131.16 - Permits and agreements

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.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.16