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WITHIN THE COUNTY HIGHWAY RIGHT OF WAY I. (County of Fulton)

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BROWSE COUNTY OF FULTON (NY) FORMS

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METHOD OF PERFORMING WORK
WITHIN THE COUNTY HIGHWAY RIGHT OF WAY
I. GENERAL CONDITIONS
These conditions and regulations apply to Highway Work Permits authorizing work within the County highway right-of-way for water
mains, sewer lines and miscellaneous structures. General conditions apply to telephone installations as well as specific conditions on
the setting and resetting of poles.
A. TIME
1. Work under the permit shall be commenced within thirty (30) days from the date of permit issuance unless a later
starting date is approved by the County Highway Superintendent.
B. REQUIREMENTS
All the current requirements of the following shall apply: Occupational Safety and Health Administration, Federal Department
of Labor, Safety and Health Standards (29 CFR 1926/1910); Part 131, Title 17, New York Code of Rules and Regulations,
Accommodation of Utilities Within State Right-of-Way; New York State Department of Labor, Industrial Code Rule 23,
Protection of Persons Employed in Construction and Demolition Work, Industrial Code Rule 53, Construction, Excavation and
Demolition Operations At Or Near Underground Facilities.
Temporary soil erosion and water pollution controls shall be used as required. The final decision on the method of
underground installation will be made by the County Highway Superintendent or his representative.
1. Work Within Pavement and Shoulder Areas
a. Installations that cross the pavement and shoulder area. Wherever practical, all underground installations
shall be placed beneath the pavement and shoulder areas without disturbance to these paved surfaces.
1) Boring, Jacking and Tunneling Methods
DESIGN
a) The location of all excavations (jacking pits, etc.) shall be shown in plan and profile.
b) The soil profile and groundwater conditions shall be determined adequate subsurface
exploration.
c) The location of all other existing utilities shall be shown.
d) The construction equipment and procedures to be used shall be described in the permit
application.
e) The design of all excavations, including ground and surface water control where
necessary, shall be made available for review by the County Highway Superintendent or
his representative.
f) The underground installation shall be described in detail, i.e. size, length, depth, material,
provisions for grouting, etc.
g) Pipes shall be generally enclosed in sleeves or larger pipes. Small diameter service (2
inch I.D. or smaller) may be placed without sleeving at the discretion of the County
Highway Superintendent.
h) The limits of an open excavation shall not be closer than 10 feet to the edge of the
pavement unless approved by the Department. Open excavations shall be protected with
the required controls for safety and for the maintenance and protection of traffic in
accordance with the New York State Department of Transportation, Manual of Uniform
Traffic Control Devices.
CONSTRUTION
a) Grouting operations may be required if surface settlement, loss of soil or voids around the
pipe develop. When grout is required, it shall consist of 1 part cement to 2 parts sand, by
volume, and sufficient water to produce a consistency suitable for placing the grout.
b) Backfill of open excavations shall be as required under 2 f) of Open Excvation Method.
2) Open Excavation Method
DESIGN
a) The location of all pavement crossing by the open excavation method shall be shown in
plan and profile.
b) The soil profile and groundwater conditions shall be determined by adequate subsurface
exploration.
c) The location of all other existing utilities shall be shown.
d) The design of all excavations, including ground and surface water control where
necessary, shall be made available for review by the Department.
e) When requested, the construction equipment and procedures to be used shall be
described in the permit application.
f) Pipe installations shall be done according to the requirements of the appropriate New
York State Department of Transportation’s Standard Sheets. The required granular
material shall meet the requirements for Select Granular Fill in the current New York State
Department of Transportation’s Standard Specifications including addenda. Exceptions
will only be allowed if prior approval is granted by the County Highway Superintendent.
g) Pavement shall be saw cut at termination points of pavement replacement.
CONSTRUCTION
a) Pavement and shoulder removal shall be done in a manner that provides for
proper restoration of the replacement section. Straight, vertical cuts of the
pavement will be required. Pavement surfaces that become undermined shall be cut back
and removed. Alternative repair methods may be used if prior approval is granted.
b) The backfill material shall be placed and compacted according to the requirement for
backfilling structures, culverts, pipes, conduits and direct burial cable described in Section
200, Earthwork, New York State Department of Transportation’s Specifications, including
addenda.
c) Generally, cuts shall be filled at the end of each working day. With prior approval, steel
cover plates may be used. Recessing of these plates may be required.
d) Temporary pavements and shoulders shall be places as soon as a crossover installation
is completed.
b. Installations that are longitudinal to the pavement.
1) Open Excavation Method
DESIGN
a) The location of all open excavations shall be shown in plan and profile.
b) The soil profile and groundwater conditions shall be determined by adequate subsurface
exploration.
c) The design of all excavations, including ground and surface water control where
necessary, shall be made available for review by the Department.
d) The location of all other existing utilities shall be shown.
e) Pipe installations shall be done according to the requirements of the appropriate New
York State Department of Transportation’s Standard Sheets. The required granular
material shall meet the requirements for Select Granular Fill in the current New York State
Department of Transportation’s Standard Specifications including addenda. Exceptions
will only be allowed if prior approval is granted by the County Highway Superintendent.
CONSTRUCTION
a) Pavement and shoulder removal shall be done in a manner that provides for
proper restoration of the replacement section. Straight, vertical cuts of the
pavement will be required. Pavement surfaces that become undermined shall be cut back
and removed. Alternative repair methods may be used if prior approval is granted.
b) The backfill material shall be placed and compacted according to the requirement for
backfilling structures, culverts, pipes, conduits and direct burial cable described in Section
200, Earthwork, New York State Department of Transportation’s Specifications, including
addenda.
c) Generally, cuts shall be filled at the end of each working day. With prior approval, steel
cover plates may be used. Recessing of these plates may be required.
d) Permanent or temporary pavement shall be placed immediately as sections of the total
installation are completed to subbase elevation. Gravel surfaces in shoulder areas may
be used if prior approval is granted.
2) Boring, Jacking and Tunneling Methods
DESIGN
a) All the requirements of B.1 a.1) DESIGN a) through g) shall apply.
CONSTRUCTION
a) All the requirements of B.1 a.1) DESIGN a) through g) shall apply.
b) Open excavations shall be protected with the required control for safety and for the
maintenance and protection of traffic in accordance with the New York State Department
of Transportation, Manual of Uniform Traffic Control Devices.
c) The requirements of B.1 b.1) CONSTRUCTION d) shall apply.
2. Work Outside the Pavement and Shoulder Areas
a. Open Excavation Method
DESIGN
a) All the requirements of B.1 b.1 DESIGN shall apply.
b) Open excavations shall be protected with the required controls for safety and for the maintenance and
protection of traffic in accordance with the New York State Department of Transportation, Manual of Uniform
Traffic Control Devices.
CONSTRUCTION
a) The backfill material shall be placed and compacted according to the requirements for backfilling
structures, culverts, pipes, conduits and direct burial cable described in Section 200, Earthwork, New York
State Department of Transportation’s Specifications, including addenda.
b. Boring, Jacking and Tunneling Methods
a) All the requirements of B.1 a.1) DESIGN a) through f) shall apply.
b) Open excavations shall be protected with the required controls for safety and for the maintenance and
protection of traffic accordance with the New York State Department of Transportation, Manual of Uniform
Traffic Control Devices.
CONSTRUCTION
a) All the requirements of B.1 a.1 CONSTRUCTION shall apply.
C. SUBBASE, PAVEMENT AND SHOULDER REQUIREMENTS (including manholes)
1. Subbase
a. The subbase course shall be a minimum of 12 inches thick unless otherwise approved. The
material shall meet the requirements of current Department of Transportation subbase course item as
specified by the County Highway Superintendent.
b. Under the permit, construction which adversely affects the subsurface drainage of the pavement structure
shall be corrected by the addition of surface or subsurface drains, as required.
2. Pavement and Shoulders
a. Permanent
The replaced permanent shall be similar to the existing pavement in composition and texture. The selection
of the material type and composition shall be subject to the approval of the County Highway Superintendent
or his representative. The limit of pavement replacement shall be such that the replaced pavement is
supported by thoroughly compacted subbase material and the pavement is restored to the proper grade,
cross-slope and smoothness.
When bituminous concrete mixtures are required for the pavement replacement, the layers shall consist of
one or a combination of mixture types contained in Table 401-1, Composition of Bituminous Plant Mixtures
in Section 401 of the New York State Department of Transportation’s Specification, including addenda. The
mixture shall be placed at the proper temperature, without segregation, and compacted thoroughly.
When portland cement concrete mixtures are required for pavement replacement, the mixtures shall consist
of either Class C or Class F as contained in Table 501-3, Concrete Mixtures in Section 501 of the New York
State Department of Transportation’s Specifications, including addenda. Class F is a high early strength
mixture and should be used when early opening to traffic is desired.
The concrete mixture shall be placed without segregation, then consolidated, finished to the proper
elevation, and textured. Curing the concrete pavement shall be in accordance with one of the methods
permitted in Section 502 pertaining to curing.
Pavement shoulders, curbs, gutters, and other incidental features shall be replaced in kind unless otherwise
approved by the County Highway Superintendent or his representative.
b. Temporary
Pavement that is replaced temporarily may be paved with either a hot bituminous concrete mixture
mentioned above or a cold bituminous patching mixture. When a cold patching mixture is used it shall
consist of aggregate and bituminous material proportioned and mixed in a bituminous mixing plant or
rotating paddle shaft pugmill. Regardless which patching material is used it shall be laid on a prepared
foundation and thoroughly compacted. Since cold bituminous patching mixtures are subject to distortion by
traffic, the temporary patch shall be maintained to provide a smooth surface until the pavement is
permanently replaced.
3. Manholes
Manhole frames and covers shall have sufficient structural adequacy to support the roadway traffic. The type of
manhole frame and cover shall be approved by the County Highway Superintendent or his representative. The
manhole frame shall be set flush with the surface of the roadway unless otherwise permitted by the County Highway
Superintendent or his representative.
D. MAINTENANCE AND PROTECTION OF TRAFFIC
1. Traffic is to be maintained at all times during the progress of this work and adequate signs, barricades and lights shall
be provided in accordance with the provision of Sub-chapter G of the New York State Department of Transportation’s
Manual of Uniform Traffic Control Devices. A maintenance and protection of traffic plan may be required. No lanes
shall be closed without prior approval.
2. The applicant shall erect and maintain suitable barricades around all trenches while work is in progress for the
protection of the public, and they shall be suitably lighted by yellow lights at night. The work shall be carried on in
such manner that not more than 100 feet of trench in earth remains open at end of day’s work.
3. No pavement cuts are to be left unfilled over night, except in emergencies, and in such cases, adequate precautions
must be exercised to protect traffic. Prior approval must be obtained to use steel plating.
4. No construction materials or equipment shall be left on the shoulders or pavement after working hours, nor shall any
construction equipment or material be placed in any manner or location that will obstruct highway or railroad warning
signs.
5. All open trenches in the highway right-of-way shall be barricaded. There shall be conspicuously displayed bright red
flags no less than 24”x24” attached to such barricades and illuminated at night with flashing yellow lights. If in the
judgment of the County Highway Superintendent, flagmen are necessary they shall be employed by the permittee
and on duty at all times during the progress of the work so as to direct traffic.
6. Soft shoulder signs of adequate size, not less that 24” square, shall be erected and maintained on all backfill
trenches within the shoulder area until the backfill is thoroughly settled. These signs shall be located at the beginning
of each section of work at intersections and at a distance not greater than 1000 feet apart.
7. During winter conditions highway shoulders shall be maintained free of obstructions, which would interfere with snow
removal and ice control.
8. The permittee shall keep the traveled way free of foreign objects such as rocks, timber and other items that may fall
from transporting vehicles. Spillage of material carried by or dropped from the under-carriage of any carrying vehicle
resulting from the permittee’s hauling operations along or across any public traveled way shall be removed
immediately and such traveled way, both within and outside of the work limits, shall be kept free of such spillage by
the permittee.
E. COMPLETION OF WORK
1. All work is to be performed in a manner approved by the County Highway Superintendent or his representative.
2. All disturbed area shall be returned to their original condition in a manner satisfactory to the County Highway
Superintendent or his representative.
3. The permittee shall be required to restore shoulders and ditches and clean up the highway as his work progresses.
All driveways shall be restored with material in kind and to their original conditions.
4. All surplus earth and rubbish shall be cleaned up and removed from the highway right-of-way upon completion of the
work, and the highway left in a neat and orderly condition.
5. As-built plans showing final grade of new installation and existing underground facilities encountered shall be
provided to the Department if variation from approved design plans occurred during construction.
F. NECESSITATED FUTURE WORK
1. The applicant agrees, that any present or future injury to or disturbance of the highway, its slope or gutters, caused
by placing mains and service pipe shall be repaired by the applicant at his own expense and in accordance with the
requirements of the County Highway Department.
2. If necessity arises in the future because of the work on the County Highway system and/or its structures, requiring
the removal, relocation or replacement of the installation authorized by the permit, said work shall be done as
directed by the County Highway Superintendent or his representative, and all cost and expense so incurred shall be
the obligation of the said permittee or his successor in interest.
II. TELEPHONE – TELEGRAPH INSTALLATIONS
A. SETTING OF POLES
1. All poles shall be set outside the ditch line so that the proper drainage of the highway will not be interfered
with. In case it is impracticable to set poles so as not to interfere with the flow of water in the ditches, the
shoulder, ditch and space around the poles shall be paved by the applicant to protect against wash.
2. There shall be no obstruction to private driveways, connecting highways or roads, paths or sidewalks.
3. In case it is found necessary to trim trees within the boundaries of the highway, the least possible amount
shall be done, and in all cases the consent of the abutting property owner must be secured before the poles
are set and trees trimmed.
4. Poles shall be of sufficient length to provide a clearance of not less than eighteen feet between the wire and
the crown of the highway, under the worst conditions of temperature and loading. They shall be set in line
and properly plumbed. They shall be well guyed. No guying to trees, unless by special permission of
owner. Special precautions shall be taken on curves, and where lines cross from one side of highway to the
other. Poles shall be straight, sound, and the fittings shall be sufficient to carry wires under the worst
condition of loading (ice, wind, etc.).
5. Where telegraph and telephone wires cross high-tension power lines, electric light or trolley wires, special
precaution shall be taken to maintain proper clearance under the worst condition of temperature and
loading.
B. RESETTING POLES
1. If necessity arises in future, because of work on the highway, to relocate, replace or re-set poles, cables, or conduits,
said work shall be done at the expense of the applicant.
III. SPECIAL CONDITIONS
A. In addition to the aforementioned conditions, if it is found necessary by this Department to add to or otherwise
modify the same, it is to be understood such changes shall form a part of the permit and be complied with immediately upon
notice.
IV. ADDITIONAL SPECIAL CONDITIONS AND SKETCHES – See Attached Sheet.
The undersigned,_______________________________________________________________________________
Representing__________________________________________________________________________________
Address ______________________________________________________________________________________
Telephone ______________________________
pursuant to the conditions and regulations previously set forth hereby makes application to:
_____________________________________________________________________________________________
on, under and across the County Highway situate in the Town of __________________________________________
Fulton County, New York, know as County Highway No. _________, at or near station _________________________
Dated ________________________ _____________________________________________
_____________________________________________
Return with engineering plans and required date to the Fulton County Highway Superintendent for review and appropriate action.
Dated ________________________ _____________________________________________
Fulton County Highway Superintendent
PO Box 127
Johnstown, NY 12095-0127
Phone: 518-736-5700
Fax: 518-736-1135
Instructions: Please complete information below and return to the Fulton County Department of Highways and Facilities with plans for review
and approval:
Fulton County Highway and Facilities Department
PO BOX 127
2712 State Highway 29
Johnstown, NY 12095
PH: 518-736-5700
Fax: 518-736-1135
Request to perform work within County Highway Right of Way
The person/s named below hereby requests permission to perform work within the right-of-way on Fulton County Road, pursuant to the
conditions and regulations previously set forth:
Name______________________________________________________
Address__________________________________________________________________________________
Telephone__________________________________________
Work to be done _________________________________________________________________________________________________
Date work to be done __________________________________________________
County Road Number _________________________________________________
Town of ___________________________________________________________
Signed _______________________________________
Date _________________________________________
Approval of Fulton County Superintendent of Highways and Facilities
Signed ________________________________________
Mark E. Yost
Date _________________________________________
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WITHIN THE COUNTY HIGHWAY RIGHT OF WAY I. (County of Fulton)

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Completed 13 February 2021

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