(a)General rule. f = Wet friction of pavement (average = 0.30). (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. (a)General. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. New liquid fuel pump islands installed in service stations adjacent to the highway shall be located at least 12 feet outside the right-of-way, in order for a driveway permit to be issued. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. District officeAny of the 11 engineering district offices of the Department. Permit applications shall be submitted in the name of the owner of the property. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. All traffic control devices shall be of an approved type. Stopping sight distance The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver. (4)The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. Section 4904 of the Crimes Code, (18 Pa. C.S. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. Although site conditions may not allow strict adherence to the dimensions shown in these illustrations, every effort shall be made to design and construct the safest and most efficient access onto the State highway. 4.0 Spacing Follow the guidance in All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. (3)Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation. No statutes or acts will be found at this website. The permit, together with plans, relevant correspondence, and any supplements issued, will be microfilmed, and the microfilm record will be retained in the central permit office. (ii)If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence. The location of the pullover area should be based on reasonable sight distance. The permittee shall fully indemnify and save harmless and defend the Commonwealth, its agents and employes, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employe, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work. This section cited in 67 Pa. Code 441.4 (relating to permit fees). A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as: (B)multi-building apartment or office complexes. If an auxiliary lane must be located in front of property of another person, the applicant shall be required to secure the approval of the other person or indemnify the Commonwealth against any action which the other person may bring against the Commonwealth. (c)Revocation procedure. (b)Permit issued only to property owner. PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. DirectorThe director of the Departments Bureau of Highway Services. When the distance between multiple driveways is 50 feet or less measured along the shoulder or ditch line, the area between shall be clearly defined by permanent curbing. Roadway construction standardsDepartment Publication No. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. For sidewalks narrower than five feet, the curb will be sloped and the back edge of the sidewalk will be depressed (maximum 1 1/2 inches) to maintain an 8.0% maximum grade on the driveway. (ii)a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control. (A)When the highway grade in the section to be used for acceleration, after leaving the driveway, ascends at 3.05.0%, the sight distance in the direction of approaching ascending traffic may be increased by a factor of 1.4. (h)Drainage release for other than minimum use driveways. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. DepartmentThe Department of Transportation of the Commonwealth. These regulations are made pursuant to the State Highway Law (36 P. S. 670-101670-1102), especially section 420 thereof (36 P. S. 670-420). Waiver of design requirements shall be as follows: (1)If any design requirement set forth in this chapter cannot be met, the director may waive the requirement if the following conditions are satisfied: (i)no other reasonable access is available; (ii)the applicant has done all that can reasonably be done to satisfy the design requirements; (iii)if additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price; (iv)no traffic problem will be created; and. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. The permittee shall, at his own expense, install and maintain all nonelectrically powered traffic control devices, as specified in the permit, which are required to provide for the safe and orderly movement of vehicular or pedestrian traffic, or both. Recommend 5-15 foot minimum on local roads. Exceptions will be considered only if the enforcement of this subsection would result in the prohibition of reasonable access from the adjacent property to the highway system. (12)Maintenance. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (l)Driveways relative to ramps. PennDOT issues a variety of different Highway Occupancy Permits (HOPs) to property owners, developers, utility companies, municipalities and municipal authorities, and other interested parties who desire access to the state's right-of-way. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. Driveways shall be located, designed, constructed and maintained in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the highway. If the permittee fails to restore the improved area properly, the Department will have the authority to do the work at the expense of the permittee. (vii)Location of all required traffic control devices. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. f = Wet friction of pavement (average = 0.30). (d)Permits not issued for certain highways. The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Department including, but not limited to, Form 408. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. (15)Damage to highway. Right-of-wayThe area which has been acquired by the Department for highway purposes. The permit may require the installation of a left turn stand-by lane to separate and protect left turning vehicles from through traffic if failure to do so would result in an undue hazard to the traveling public. 72 containing the Departments design standards for roadway construction. 670-420). The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, vehicles, service equipment and similar items. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. Please direct comments or questions to. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. The Pennsylvania Code website reflects the Pennsylvania Code Multiple driveways serving the same property must be separated by a minimum distance of 15 feet measured along the right-of-way line and 20 feet measured along the shoulder, ditch line, or curb. (c)Authority. This will enable the driveway slope to stay within the 8.0% slope limit. Where the applicant will be required to perform a substantial amount of work, the Department may require the applicant to execute an agreement as a prerequisite to issuance of the permit. Issuance fees shall be used to defray costs incurred by the Department in reviewing and processing the application and plan, including the preliminary review of the site location identified in the application, and issuing and processing the permit. (2)Where property abutting the right-of-way line could be used as parking area, the permit may require curbing, permanent guardrail, or fencing to be constructed along the right-of-way line in order to prohibit vehicle encroachment upon the sidewalk or shoulder area. Permits will not normally be issued for occupancy of or access to any limited access highway. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. (c)Specific location restrictions. Exceptions will be considered only if the enforcement of this subsection would result in the prohibition of reasonable access from the adjacent property to the highway system. Grade of access driveway shall be constructed in the following manner: (1)All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area, or change the drainage of adjacent areas. How It Works. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. PennDOT Recommended use of AASHTO standards. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. 4904), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true. The Hidden Driveway Sign (W11-103) shall be authorized for use to denote the presence of a driveway or alley at which the sight distance is restricted. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. (2)Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of vehicular traffic. (3)Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. Turnpike Website. (B)apartments with five units or less. See Figure 3. Grade of access driveway shall be constructed in the following manner: (1)All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area, or change the drainage of adjacent areas. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. R Available to PennDOT staff only. A. (o)Traffic control devices. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. (3)Additional right-of-way for lanes. (i)The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. Permits will not be issued for bus stop shelters or phone booths, or for advertising signs, liquid fuel pumps, loading platforms, weight scales, or any structure which the Department deems not proper for occupancy of the right-of-way. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. (b)Additional grounds for revocation. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. driveway sight distance measurements (for local roads, use penndot pub 70) the maximum length of roadway along which a driver at a driveway location can continuously see another vehicle approaching on the roadway. R Available to PennDOT staff only. (2)In using Tables 1 through 6 the following additional requirements shall apply: (i)Tables 2, 4, and 6 shall be used in lieu of Tables 1, 3, and 5 only when combination traffic exceeds 5.0% of the total traffic using the proposed driveway. (9)Traffic protection and maintenance. (d)Safety requirements. (i)Grade of access driveway. This section cited in 67 Pa. Code 441.3 (relating to permit application procedure); and 67 Pa. Code 441.10 (relating to penalties and enforcement). S.R. A driveway normally used by more than 25 vehicles per day but less than 750 vehicles per day, such as: (B)elementary and junior high schools; or. The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction. Electrically powered devices shall consist of the following: (i)When power operated devices, including traffic signals, are required for proper traffic control, a traffic signal permit (Form TE 964) shall be obtained in addition to the occupancy permit. (g)Curbing. Restoration of highway shall include the following: (i)If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration including restoration of the adjacent area if it has also failed. 1995). 1 Measured from a vehicle ten feet back of the pavement edge. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control SecretaryThe Secretary of the Department. EgressThe exit of vehicular traffic from abutting properties to a highway. (ii)Low volume driveway, see Figure 8. Access driveways shall be permitted at locations in which: (1)Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall be, for the purpose of this chapter, considered a local road and not a driveway regardless of its ownership. 03-2004 : Title: PennDOT Letterhead Template This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . (E)42 U.S.C. . 4624. Permit applications shall be submitted prior to the construction of any building which the proposed driveway will serve to assure that the driveway can be constructed in accordance with this chapter. (ii)Nearest driveway on adjacent properties. Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. (ii)Applications for driveways which include traffic signal control shall be accompanied by the following additional information: (A)An engineering study in sufficient detail to allow determination of the need for signal control and the adequacy of its design and operation. This will enable the driveway slope to stay within the 8.0% slope limit. ft. home is a 5 bed, 4.0 bath property. 2005); apeal denied 903 A.2d 539 (Pa. 2006). The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (2)The permit issuance fee shall not be refundable on unused permits. Frontage widthThe distance along the right-of-way line in front of an abutting property. CombinationTwo or more vehicles physically interconnected in tandem. (iv)Relevant property lines and property lines extended to the roadway. Reg. "PennDOT"), and _____, its agents and contractors (hereinafter referred to as the "APPLICANT"), WITNESSETH: WHEREAS, certain public highways have been adopted and taken over as part of the State highway system, to be constructed, improved, and maintained by the Commonwealth pursuant to the Act of June 1, 1945, P.L. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. As such, its design must be in accordance with the Departments current standards governing the design of local roads. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. (5)Lane in front of another property. The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. (2)The distance from the edge of pavement of the intersecting highway to the radius of the first permitted driveway shall be a minimum of 20 feet on curbed highways and 30 feet on uncurbed highways. 67 Pa. Code 441.8. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. It is in the public interest to regulate the location, design, construction, maintenance and drainage of access driveways, local roads, and other property within State highway right-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and reasonable access. (B)The applicant provided written notice of the submission of the application to the fee title holder apprising the fee title holder of the administrative rights relative to the permit application under 1 Pa. Code 35.23, 35.24 and 35.2735.32. Sight distance values less than desirable will be accepted only if it is impossible to achieve the desirable value by locating the driveway at any point within the property frontage boundaries. (2)The radii of internal curves shall be as large as possible to allow a direct movement from the highway into a proper position to obtain service or parking without any interference to other vehicles attempting the same maneuver. (2)The location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the municipality, new or relocated detectors, signal heads, controller and the like, for the control of traffic movements from the driveway. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. Access driveways shall be permitted at locations in which: (1) Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . If the applicant does not hold fee title to the property, the applicant shall notify the fee title holder that an application has been submitted. Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. (11)Approval by inspector. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. If at any time it shall be found by the Department that the work is not being done or has not been properly performed, the permittee upon being notified in writing by the Department shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. 4159. 1995). (3)The driveway will not create a hazard. (d)Property line clearance. (m)Newspaper or mail receptacles. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . All disturbed portions of the highway, including slopes and all appurtenances and structures such as guard rail or drain pipes, shall be restored by the permittee to a condition at least equal to that which existed before the start of any work authorized by the permit. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. The type of shoulder to be installed will be specified by the permit, in accordance with the volume and type of traffic expected to use the driveway. (3)Figures 7, 8, and 9 show two sets of design values. A violation of this chapter or the permit requirements shall constitute grounds for imposition of any or all of the following penalties: (1)Upon receipt of oral or written notice of a violation from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform further work in the permitted area except to restore the area to a safe condition. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads.
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