N.Y. Comp. Codes R. & Regs. tit. 17 § 125.2

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

Section 125.2 - Permits

(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.

(f) Whenever in this Part the discretion of the commissioner or his representatives is required to be exercised, such discretion shall be based upon accepted engineering practices and standards.

(g) A work permit is subject to the following conditions and limitations:

(1) Work must start within the time period specified in the permit. Notification shall be given to the appropriate County Resident Engineer or Traffic and Safety Group when work is started and when it is completed on or before the specified completion date. An extension of time may be granted if valid reason exists for the delay.

(2) All work completed and materials used within the right-of-way shall meet department requirements and the terms and stipulations of the permit. Every reasonable effort shall be made to have all required stipulations and conditions of work specified in the permit before the work begins. If additions or alterations are required after work commences, written department approval shall be secured before any action is taken.

(3) A permittee shall not hold the department liable for any claim for damages arising from his negligence, or his contractor's negligence in operations covered by the permit. Protective liability insurance to cover the department during the period of work within the right-of-way is mandatory and may be obtained from the department at a nominal cost.

(4) The permittee shall take necessary precautions to prevent injury to persons or damage to property from operations covered by the permit and shall use warning and regulatory signs and safety devices in accordance with MUTCD. The Traffic and Safety Division shall issue orders for all regulatory traffic control devices such as traffic signals, stop and yield and one-way signs. These orders shall be filed with the Secretary of State. Questions on interpretation of the MUTCD shall be referred to the Resident Engineer or Regional Traffic Engineer.

(5) The entire cost of the work specified shall be borne by the permittee, his grantees, successors or assigns.

(6) The permittee shall have a copy of the permit available at the site during construction.

(7) The department reserves the right of inspection by its authorized representatives of any driveway construction or reconstruction within the highway right-of-way. Permittee shall reimburse the department for the expenses in connection with such inspection as provided by section 126.5 of this Title.

(8) Piped or channelized natural drainage shall not be permitted to flow onto a highway right-of-way unless special provisions are approved by the department.

(9) The permittee shall remove all surplus materials to an area outside the right-of-way unless the permit provides for disposal at locations within the right-of-way. Excavated material from within the right-of-way shall be disposed of as directed by the County Resident Engineer.

(10) All materials used in construction of a driveway shall meet department specifications and is subject to department approval on a case by case basis.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 125.2