N.Y. Comp. Codes R. & Regs. tit. 17 § 127.6
In the event that permitted work/operations might reasonably be expected to include construction, maintenance or alteration to any feature of the State highway, or in the event that the permit requires engineering review or inspections, permittees shall be required to post sufficient security to assure the completion of all work, the restoration of the State property, the payment for all labor and materials, and the recovery of reasonable State expenses. The levels of performance and payment security as set forth in sections 127.7 and 127.8 of this Part shall be set forth in the permit and shall be calculated as follows:
Performance and payment security may be required for any driveway that requires the installation of drainage structures or includes cuts to the curb or pavement of the State highway. In such cases, the amount of security required shall be $1,000 that shall be refundable upon satisfactory project completion. No performance security shall be required for residential driveways where the work for which the permit is required does not affect the pavement, curb or drainage structures or other appurtenances of the highway.
The performance and payment security required for any permit for a commercial driveway, subdivision street, or temporary access permitted under section 125.10(a) of this Title shall be for an amount sufficient to ensure the completion of the permitted work and the payment of all associated expenses, including the expenses for which the permittee is responsible to the Department of Transportation. The amount of performance security required shall not exceed the collective value of all work to be performed by or for the permittee in that portion of the project location that is on State land. The permit shall require as the minimum amount of performance security, an amount that is 50 percent of the estimated value of all work to be performed by or for the permittee in that portion of the project location that is on State land.
The performance and payment security required for any permit for to install a traffic signal permitted under section 125.11 of this Title, or to construct maintain or alter other overhead features on or attached to traffic signals, bridges or sign structures, shall be for an amount sufficient to ensure the completion of the permitted work and the payment of all associated expenses, including the expenses for which the permittee is responsible to the Department of Transportation. The amount of performance security required shall not exceed the estimated cost of the traffic signal or other work. The permit shall require as the minimum amount of performance security, an amount that is 50 percent of the estimated value of all work to be performed by or for the permittee in that portion of the project location that is on State land. Performance security shall be limited to the period of time that extends until the satisfactory completion of the work and the release of liens, except that for traffic signals, the department may elect to retain performance security in the amount of $1,000 for a period of time extending one year beyond the date that the work is satisfactorily completed in order to provide adequate time to assure that the signal is free from defects or that the cost of maintenance or necessary repairs is paid.
The performance and payment security required for any annual maintenance permit to maintain or replace existing under-ground or above-ground facilities permitted under Part 129 of this Title, including electric power, communications, poles, gas or water lines shall take the form of an undertaking or shall consist of some other form of security in the amount of $100,000.
The performance and payment security required for any permit to control vegetation in connection with any outdoor advertising sign permitted under Part 134 of this Title shall be in the amount of $10,000.
The performance and payment security required for any permit to conduct a special event in the highway right-of-way such as a race, festival, parade or filming of a movie or commercial shall be in the amount sufficient to assure the restoration of the State lands to their condition prior to the event. The amount of performance security required shall be at the discretion of the department based upon the projected cost of assuring restoration. Such security shall not exceed $10,000.
The performance and payment security required for any permit for any other purpose shall be in the amount sufficient to assure the restoration of the State lands to their condition prior to the event. The amount of performance security required shall be at the discretion of the department based upon the projected cost of assuring restoration. Such security shall not exceed $10,000.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 127.6