Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. 3.50' 3.50' 3.50' grade _____% grade _____% driver' s eye 10' edge of travel lane sight line sight line a distance required fsd= _____ (4)The driveway will not create an area of undue traffic congestion on the highway. Right-of-wayThe area which has been acquired by the Department for highway purposes. Stopping sight distance is influenced by both vertical and horizontal alignment. (ii)direct additional drainage of surface water onto or into the highway right-of-way or highway facilities in a way which would have a detrimental effect on the highway or highway facilities. (2)The director may revoke a permit for nonpayment of a fee specified in 441.4 (relating to permit fees) including default of a check submitted for the payment. M-950K - Obligation Bond (Driveway) M-950K1 - Blanket Obligation Bond (Driveway) M-950L - Irrevocable Letter of Credit (Driveway) M-950MPC - Land Use Questionnaire (Driveway) M-950R1 - Access Approval Procedure Worksheet and Sample Letter (Driveway) M-950S - Measuring Driveway Sight Distances (Driveway) TR-478A - Report on Compaction Density . 1986); affirmed 518 A.2d 265 (Pa. 1986). g = Percent grade of roadway divided by 100. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Drainage control plan for other than minimum use driveways shall be as follows: (1)If it can reasonably be anticipated that there will be an increase in the flow of water onto the highway or into highway drainage facilities as a result of action by the applicant, or that there will be an increase in the flow of water onto the property of some other person as a result of any action authorized by the permit, a drainage control plan shall be submitted with the application. 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. CombinationTwo or more vehicles physically interconnected in tandem. 260) (72 P. S. 4651-14651-10) which provides that the Board of Claims shall have jurisdiction of claims against the Commonwealth arising from contracts. (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. 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. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (iv)All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway. The permit will be the authority of the applicant to proceed with the work and will also serve as a receipt for the fees accompanying the application. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. (v)Building and business appurtenances on the site. 1995). 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Further work may not commence in the permitted area until the violation has been remedied. 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. 312). (4)Permittee responsibilities. 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. (7)The number of vehicles per day which are expected to utilize each proposed driveway. Deceleration laneThe portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic. (3)Paragraphs (1) and (2) of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. ft. home is a 5 bed, 4.0 bath property. (iv)Relevant property lines and property lines extended to the roadway. (3)Additional right-of-way for lanes. (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. The term includes existing or proposed streets, lanes, alleys, courts, and ways. 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. To insure the integrity of this intended function, no access driveway will be permitted on a ramp or within 50 feet of the intersection of the edge of pavement of the ramp or its speed change lane with the edge of pavement of the intersecting roadway. (f)Site requirements. Roadway construction standardsDepartment Publication No. changes effective through 52 Pa.B. 1991); appeal denied 604 A.2d 251 (Pa. 1992). 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The townships requirement that the landowner establish access other than that approved by the Department was affirmed. (5)Grade requirements where curbs and sidewalks are present. 8372 (December 31, 2022). (c)Specific location restrictions. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (3)Each application for an access driveway within one of these jurisdictions must be accompanied by evidence which indicates that the location and type of access being requested has been reviewed by that municipality or agency. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . 4.0 Spacing Follow the guidance in Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. 8372 (December 31, 2022). EgressThe exit of vehicular traffic from abutting properties to a highway. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. Roadway sight distance right. 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. To insure the integrity of this intended function, no access driveway will be permitted on a ramp or within 50 feet of the intersection of the edge of pavement of the ramp or its speed change lane with the edge of pavement of the intersecting roadway. (14)Insurance. 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. Information provided in applications must be accurate. (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. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. HighwayA highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction. (d)Property line clearance. (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. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. (3)Details of internal traffic circulation, parking, and traffic signs. 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. 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. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. See Figure 6. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. (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. 8372 (December 31, 2022). 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. See Figure 5. Meets 441 minimum safe stopping sight distance (Ch. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. 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. 1 Measured from a vehicle ten feet back of the pavement edge. 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. (ii)The access covenant will restrict access to the approved locations regardless of whether the land is later subdivided or conveyed to other persons, or both. This will eliminate the need for depressing the back edge of the sidewalk. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 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. 441.8(h)) Embankment removal - sight line profile provided Sight distance . (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. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. The Department will examine and determine the genuineness, regularity, and legality of every application, and may reject any application if not satisfied of its genuineness, regularity or legality, or the truth of any statement contained in the application. (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. The 2,865 sq. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. g = Percent grade of roadway divided by 100. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. (3)Work to conform to Department standards. A permit may not be required for maintenance. (ii)Low volume driveway, see Figure 8. 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. (g)Curbing. 337 (10 P. S. 160-1160-17). (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. Popple v. Department of Transportation, 575 A.2d 973 (Pa. Cmwlth. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. (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. If it can reasonably be anticipated that there will be an increase in the flow of water onto the property of some other person as a result of action, authorized by the permit, a drainage release shall be submitted with the application. Reg. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. 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 driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as: (B)multi-building apartment or office complexes. (iii)All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses. This section cited in 67 Pa. Code 441.6 (relating to general conditions). SEG. 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. (k)Access driveway pavement. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. The longitudinal slope of the sidewalk shall not exceed two inches per foot. No part of the information on this site may be reproduced for profit or sold for profit. Turnpike Customer Assistance Center: 800-331-3414. Highway Occupancy Permit Related Forms. 03-2004 : Title: PennDOT Letterhead Template 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. (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. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. 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. 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. (j)Auxiliary lanes. (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. (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. Permits will be issued only to the owners of the property. (5)Restoration of slopes. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (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. (g)Requesting permit time extension. 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. (c)Driveways adjacent to intersections. 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. EquipmentAll machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work. Permits will not normally be issued for occupancy of or access to any limited access highway. t = Perception time of motorist (average = 2.5 seconds). (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. (5)Grade requirements where curbs and sidewalks are present. It shall be extended around the driveway radii to the right-of-way line. (13)Indemnification. (2)Additional restrictions. 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. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as: (C)service stations and small shopping centers or plazas. (12)Maintenance. 2. . (d)Permits not issued for certain highways. 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. 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). InspectorThe Departments authorized representative assigned to inspect permit operations. 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. Submission of the traffic control plan shall be as follows: (1)When the applicant anticipates that it will be necessary to close a portion of a lane to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application. 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. (g)Curbing. (b)Who may apply for a permit. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as: (C)service stations and small shopping centers or plazas. (6)Altering drainage prohibited. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (3)The traffic control plan shall be either: (i)A detailed drawing, showing all traffic control devices. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. 4159. (3)If sight distance requirements as specified in this chapter cannot be met, the Department may: (i)prohibit left turns by exiting vehicles; (ii)restrict turning movements to right turns in and out of a driveway; (iii)require installation of a right turn acceleration lane or deceleration lane; (iv)require installation of a separate left turn standby lane; (v)alter the horizontal or vertical geometry of the roadway; or. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (2)The design features described in this section and illustrated in the attendant figures are to be used by the applicant in designing the driveway plans which accompany the application. Angle of access driveway approach shall include the following: (1)Access driveway approaches used for two-way operation shall be positioned at right angles, that is, 90 degrees, to the highway or as near thereto as site conditions permit, except as authorized in Figure 11. (3)Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic. (b)Angle of access driveway approach. (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. (iv)High volume driveway, see Figure 10. PennDOT LTAP technical INFORMATION SHEET #165 s p r i n g / 2 0 1 5 400 North Street, 6th Floor . (iv)Driveway angle relative to the highway. It shall be extended around the driveway radii to the right-of-way line. The applicant shall pay notary and recording costs including the cost of recording the permit in the County Office of the Recorder of Deeds when required, and the cost of all drainage releases. 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. (3)The driveway will not create a hazard. 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. (3)Paragraphs (1) and (2) of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible. 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. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. PennDOT Recommended use of AASHTO standards. Drainage pipe installed under driveways shall be at least 15 inches in diameter. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. County officeAny of the various maintenance district offices of the Department. Driveway Sight Distance Measurements . The proof shall be in the form of a copy of the valid legal document or court order verifying the applicants legal estate or interest in the property. 1986); affirmed 518 A.2d 265 (Pa. 1986). 1242, the Act . Ramps are intended to provide access from one roadway or roadway system to another with a minimum amount of conflict or interference from other traffic. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). Driveways serving properties located adjacent to a highway intersection shall be subject to the following: (1)There shall be a minimum ten foot tangent distance between the intersecting highway radius and the radius of the first permitted driveway. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Permit applications: (1)Shall be submitted in person or by mail on a properly completed Department Form M-945A. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. b. See Figure 3. (D)O.S.H.A. When all permitted work has been completed, the self-addressed post card (Form M-945G) which accompanies the permit shall be mailed to the district office. 670-420). (c)Where to submit application. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public.
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