No driveway, local road or drainage facility or structure shall be constructed or altered within State highway right-of-way and no drainage facility of the Department may be altered or connected onto without first obtaining a permit from the Department. (d)Permits not issued for certain highways. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. Conditions for sight distance shall be as follows: (1)Access driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distance listed in the appropriate following table: Table 1Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto two-lane 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. 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. b. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (2)Electrically powered devices. (i)Permanent permit microfilm record. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. 1 Measured from a vehicle ten feet back of the pavement edge. (6)Sight distance in each direction from each proposed driveway. Site requirements shall be as follows: (1)All nonresidential buildings shall be located a sufficient distance from the right-of-way line to provide ample driving area and parking off the right-of-way to prevent storage of vehicles on the access driveways and to prevent the back-up and turning of vehicles on the highway pavement. 1 Measured from a vehicle ten feet back of the pavement edge. Where the existing shoulder on either side of a proposed low, medium, or high volume driveway is not adequate to allow its use by turning vehicles, the permittee shall upgrade the shoulder area for a minimum of 100 feet on either side of the driveway. (d)Additional inspection fees. The Department may require design details which are more stringent than those specified in this chapter to insure the safe and efficient operation of any proposed driveway. InspectorThe Departments authorized representative assigned to inspect permit operations. In the event the permittee fails to refill the ditch or trench or proceed to completion of the work upon notice from the Department to do so, the Department may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Departments invoice. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. (iv)Driveway angle relative to the highway. The Pennsylvania Code website reflects the Pennsylvania Code Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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). The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . The general factors that control the maximum rates of superelevation, as discussed in . Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. (g)Requesting permit time extension. 8372 (December 31, 2022). Easily sign the form with your finger. A. 2002); appeal denied 814 A.2d 679 (Pa. 2002). (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. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. (b)Other requirements. (o)Traffic control devices. Requirements for curbing shall conform with the following: (1)The permit may require the installation of curbing wherever it is required to control access or drainage, or both. 8372 (December 31, 2022). 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. 1392, unless otherwise noted. All driveways and adjacent areas within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance, and drainage of the highway, or the safe and convenient passage of traffic upon the highway. (f)Miscellaneous fees. (3)Governmental authorities organized under the laws of this Commonwealth. (14)Insurance. (iii)Proof that the applicant executed and recorded in the Office of the Recorder of Deeds in the appropriate county or counties, a covenant running with the land providing that all subsequent purchasers, heirs, assigns or transferees of the property take the property subject to the indemnification in subparagraph (ii), unless released by the Department. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Materials used in the construction of driveways shall meet the requirements of Form 408. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. Where possible, drainage releasesForm L-15 or CC-15will be obtained, by and at the expense of the applicant, from all property owners over whose land additional drainage will flow. 312). 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. (C)When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.05.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. Conditions for sight distance shall be as follows: (1)Access driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distance listed in the appropriate following table: Table 1Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto two-lane roads. Permits shall be recorded whenever deemed necessary by the Department, including when: (1)a permit requires drainage facilities to be installed and maintained; (2)a permit authorizes one or more high volume driveways to be constructed; or. 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. (2)When two access driveways are constructed on the same property frontage and used for one-way operation, each of these driveways may be placed at an angle less than a right angle, but not less than 45 degrees to the highway, except that along divided highways where no openings are allowed in the median the minimum angle of an exit driveway may be 30 degrees, as shown in Figure 12. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. See Figure 3. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. 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. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: The crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. When required by the permit, a speed change lane of sufficient length and width shall be constructed to allow vehicles to safely decelerate or accelerate when entering or leaving the property. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Approval by the Departments inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Department of its right to seek performance or restitution by the permittee. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. See Figure 5. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns, and current design policy of the Department. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. 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. Prior to revocation of a permit except for nonpayment as specified in paragraph (2), the applicant shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . (3)Work to conform to Department standards. 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. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. Sight distance requirements for driveways shall be in accordance with PennDOT regulations, 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," or successor publication. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). Controlling the direction that has the best sight distance . Recommend 5-15 foot minimum on local roads. This section cited in 67 Pa. Code 441.6 (relating to general conditions). Highway Occupancy Permit Related Forms. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. The Department will refund the general permit inspection fees on unused permits. "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. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 8372 (December 31, 2022). 4159. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittees copy of the permit to the issuing district permit office on or before the permit expiration date. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. EgressThe exit of vehicular traffic from abutting properties to a highway. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . (b)Who may apply for a permit. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. As such, its design must be in accordance with the Departments current standards governing the design of local roads. (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. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. (ii)Nearest driveway on adjacent properties. 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. (iii)When a planted area exists in front of the sidewalk, one of the following three cases shall apply: (A)When the grass strip between the curb and the sidewalk is wide enough to maintain an 8.0% maximum driveway approach grade, construct the driveway as shown in Figure 2. (l)Driveways relative to ramps. Comments A median is a highly desirable element on roadways carrying four or more lanes since they provide: a storage area for left-turning and U-turning vehicles; a recovery area for out-of-control vehicles; Roadway sight distance right. IngressThe entrance of vehicular traffic to abutting properties from a highway. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. 494-14-06 August 8, 2014 Page 2 . If a drainage release cannot be obtained from any affected property owner, the Department may nonetheless issue a permit if it determines that there is no reasonable and prudent alternative available to the applicant and the applicant executes an indemnification agreement acceptable to the Department. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (D)O.S.H.A. M950S (304) M950S PENNDOT (0304) PENNDOT DRIVEWAY SIGHT DISTANCE MEASUREMENTS (FOR LOCAL ROADS, USE PENNDOT PUB 70) APPLICANT APPLICATION NO. No statutes or acts will be found at this website. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. (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. (2)The free movement of normal highway traffic is not impaired. Chapter Stabilized materialAny aggregate such as aggregate cement, aggregate bituminous or lime pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling. (h)Sight distance. (2)Supplement fee each six-month time extension or each submitted change shall be$10. (3)If, in the opinion of the Department, there is a high probability that vehicles would otherwise utilize a portion of the property frontage other than the approved driveway to gain access to the property, the permit may require curbing or other physical barriers to be constructed. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. Driveway design requirements. (e)Multiple driveways. This section cited in 67 Pa. Code 441.4 (relating to permit fees). 1986); affirmed 518 A.2d 265 (Pa. 1986). (B)Location of traffic signal heads, poles, controller, and detectors. 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. Manual entry; left side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. 441.8(h)(2)(iv)) Driveway location maximizes sight distance Justification provided for sight distance values that are less than the safe sight distance values Parked cars obstruct sight line for exiting vehicles? Driveway approaches shall conform to the following standards: (1)The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference to highway traffic. (2)Left turn stand-by lanes. Immediately preceding text appears at serial pages (358426) and (216115) to (216117). The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. (3)Details of internal traffic circulation, parking, and traffic signs. (i)Plans for other than minimum use driveways. (m)Median openings. (3)Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. 1986); affirmed 518 A.2d 265 (Pa. 1986). (e)Waiver of design requirements. . A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. 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. (7)The number of vehicles per day which are expected to utilize each proposed driveway. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. (iii)an equitable interest in property under a sales agreement or an option to purchase; provided that the estate or other legal or equitable interest in property includes the use requested in the permit. 2. . 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. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. (iv)High volume driveway, see Figure 10. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (b)General location restrictions. (iv)When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 1991); appeal denied 604 A.2d 251 (Pa. 1992). (2)Electrically powered devices. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Reg. (ii)In the event of failure or neglect by the permittee to perform and comply with the permit or the provisions of this chapter, the Department may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment, or property belonging to the permittee or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. 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. (10)Restoration. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. (d)Property line clearance. 1242, the Act . (7)Disposition of materials. 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. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. (iv)When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. (8)Equipment damaging highway. Prohibited use of the highway shall be as follows: (i)No part of the right-of-way shall be used for servicing vehicles, displays or conducting business. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. Nothing contained in this chapter is intended to relax existing safety requirements. Addi onal sight distance should be provided at decision points. If sight distance requirements as specified in this Part cannot be met, the Township may: (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. 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. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. Access driveways shall be appropriately surfaced with a stabilized material between the traveled way and the right-of-way line unless a higher type material is specified by the permit. Hearing officer committed no abuse of discretion by order approving application for highway occupancy permit upon conditions that permittee pay for traffic signal and driveway access as this was within exercise of power to make reasonable rules and regulations governing the use of highways and flow of traffic thereon. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. See Figure 5. 670-420). (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. stopping sight distances should be used. See Figure 3. 2005); apeal denied 903 A.2d 539 (Pa. 2006). (iii)The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this chapter, as long as the driveway or the facility authorized by the permit exists. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. (ii)Low volume driveway, see Figure 8. No part of the information on this site may be reproduced for profit or sold for profit. No, PennDOT will not cut slopes or vegetation to improve sight distance according to PA Title 67, Chapter 441, because sight distance improvement is the responsibility of the driveway owner. View more property details, sales history and Zestimate data on Zillow. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. (5)Grade requirements where curbs and sidewalks are present.
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