N.Y. Comp. Codes R. & Regs. tit. 17 § 134.4

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

Section 134.4 - Permit conditions and limitations

(a) Work must be started and completed within the times specified in the permit.

(b) All work and materials used within the right of way shall meet the requirements of this Part and all permit conditions or stipulations. If alterations of the permitted work are sought after work commences, written approval from the department shall be required before any alterations are undertaken.

(c) The department shall not be liable to the permittee, its employees or any person acting under the permit for any claim arising from work covered by a permit issued pursuant to this Part or resulting from the conditions on the site covered by the permit. Protective liability insurance to cover the department, as set forth in Part 127 and section 125.2(g)(3) of this Title, is mandatory. The permittee shall agree to defend and indemnify this department in any claim concerning or arising out of the permittee's work. Failure to maintain insurance immediately terminates a permit issued pursuant to this Part.

(d) The permittee shall take necessary precautions to prevent injury to persons or damage to property from activities covered by the permit and shall avoid work within the highway travel lanes, shoulder and clear zone to the extent practicable. Whenever vehicles, equipment or work occupies a travel lane or shoulder, the permittee shall control traffic, including advance warning and regulatory signs, channelization and flaggers as appropriate, in accordance with the New York State Manual of Uniform Traffic Control Devices (Chapter V of this Title). The department may require the permittee to submit, for department approval, traffic control plans or typical traffic control device deployment schemes for any activities within travel lanes or the shoulder before issuance of the work permit. All work shall be performed in such a manner as to minimize hazards to the traveling public. No equipment, materials or work shall be located so as to interfere with highway use or the visibility of highway signs, intersections or interchanges and no materials shall be left overnight in the right of way.

(e) The permittee shall have a copy of the work permit, site plan and any traffic control plans available at the site during the performance of the work specified by the permit.

(f) The department reserves the right of inspection of any work performed at any time.

(g) The permittee shall remove and properly dispose of all clippings, trimmings and debris to an area outside the right of way, unless otherwise specified by the permit.

(h) Permits pursuant to this Part shall not be issued to enhance the view of advertising signs erected on new sites after January 1, 1999, unless five years have passed since the construction of the sign. Permits shall not be issued for advertising signs that were erected with obscured visability on new sites after January 1, 1999.

(i) Permits pursuant to this Part shall not be issued for work in the Adirondack Park, in the Catskill Park, or along highways designated as State parkways.

(j) Permits pursuant to this Part shall not be issued for work along highways designated as scenic byways pursuant to article XII-C of the Highway Law if such designation was made on or before December 31, 1999. Permits issued for work along highways designated as scenic byways where such designation was made after December 31, 1999 shall be in accordance with the approved corridor management plan for the scenic byway.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 134.4