(iii)Driveway grades or profile view of drive. 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. All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. Immediately preceding text appears at serial pages (62045) and (62046). 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. (m)Newspaper or mail receptacles. (b)Other requirements. 72 containing the Departments design standards for roadway construction. (iii)Medium volume driveway, see Figures 9, 11, and 12. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. 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. 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. 2005); apeal denied 903 A.2d 539 (Pa. 2006). 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. 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. 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. MLS # PADE2042340 All traffic control devices shall be of an approved type. 8372 (December 31, 2022). B. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. (ii)Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping, and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served. 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. Drainage pipe installed under driveways shall be at least 15 inches in diameter. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. 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. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. The driveway pavement shall be at least four inches thick within the right-of-way. (Ch. (3)Additional right-of-way for lanes. (2)In the case of a temporary access for extracting natural resources for a period of no more than one year, any design requirement set forth in this chapter which cannot be met may be waived by the district engineer, provided conditions (i), (ii), (iii), and (v) of paragraph (1) of this subsection are satisfied. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. 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. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. Where the width of the highway right-of-way is insufficient to permit the construction of a needed auxiliary lane, the permittee shall provide any necessary additional right-of-way. (iii)Street, road, highway, or driveways opposite the site. 1242, the Act . (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. (2)Electrically powered devices. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. 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. (iv)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, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure. Please direct comments or questions to. 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. Signs shall conform to the requirements of Publication 68. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The Department may also make such investigations and require such additional information as it deems necessary. construction safety and health regulations, 39 Fed. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. 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. S.R. No statutes or acts will be found at this website. 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 provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 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. 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. This section cited in 67 Pa. Code 441.6 (relating to general conditions). 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. (iii)Medium volume driveway, see Figures 9, 11, and 12. No statutes or acts will be found at this website. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. No statutes or acts will be found at this website. (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. (g)Drainage control plan for other than minimum use driveways. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. (B)If the driveway grade would exceed 8.0%, depress the outer edge of the sidewalk and maintain a maximum sidewalk cross slope of 6.0%. (k)Access driveway pavement. (5)Grade requirements where curbs and sidewalks are present. 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. Chapter (j)Review by municipalities, planning commissions, and zoning boards. (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. 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. b. (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (a)General rule. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (i)Permanent permit microfilm record. 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. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. 03-2004 : Title: PennDOT Letterhead Template The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. 1990). (C) When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.0-5.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. (d)Additional inspection fees. Where the width of the highway right-of-way is insufficient to permit the construction of a needed auxiliary lane, the permittee shall provide any necessary additional right-of-way. (ii)Nearest driveway on adjacent properties. Stopping sight distance is influenced by both vertical and horizontal alignment. (iii)Predicted flow in cubic feet per second. Materials used in the construction of driveways shall meet the requirements of Form 408. See Figure 6. (vi)Where the permittee has the responsibility to restore the highway, including slope or any other appurtenance thereto, under subparagraphs (i)(v), including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit. General requirements shall be as follows: (1)The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve and the type and character of roadway which it accesses. 8372 (December 31, 2022). 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. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. (B)Act of December 10, 1974 (P. L. 852, No. (viii)A permit shall be valid only as long as the traffic volume of the driveway does not exceed the approved driveway classification as set forth in 441.8(a) of this title (relating to driveway design requirements). (C)Act of October 5, 1978 (P. L. 1104, No. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. 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. The longitudinal grade of the sidewalk shall not exceed two inches per foot. (iv)Relevant property lines and property lines extended to the roadway. (o)Traffic control devices. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. (3)Governmental authorities organized under the laws of this Commonwealth. Specific location restrictions shall include the following: (1)Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. (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. See Figure 3. 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. t = Perception time of motorist (average = 2.5 seconds). The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. (ii)Low volume driveway, see Figure 8. 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. 312). All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. (ii)The permittee shall be responsible for controlling dust conditions created by its operations. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (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. Driveway design requirements. (2)Supplement fee each six-month time extension or each submitted change shall be$10. 1 Measured from a vehicle ten feet back of the pavement edge. (2)The district office may require the applicant to submit a traffic control plan if it is anticipated that a potential hazard or interference to vehicular or pedestrian traffic will result from performance of the work. (5)Grade requirements where curbs and sidewalks are present. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. Equipment damaging the highway shall conform with the following conditions: (i)To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface, unless otherwise authorized by the permit. The Department will refund the general permit inspection fees on unused permits. 8372 (December 31, 2022). 8372 (December 31, 2022). (B)Location of traffic signal heads, poles, controller, and detectors. 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. (h)Drainage release for other than minimum use driveways. 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. PennDOT: Please refer to the driveway design requirements, sec on 441.8, page 441-25 of the Pennsylvania Code, Title 67, Transporta on, Chapter 441, . Permit applications shall be submitted in the name of the owner of the property. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. It shall be extended around the driveway radii to the right-of-way line. 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). 494-14-06 August 8, 2014 Page 2 . High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. 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. (4)The driveway will not create an area of undue traffic congestion on the highway. (iii)If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work, which occurs more than 2 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, 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, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence. (i)Grade of access driveway. 337 (10 P. S. 160-1160-17). Although driveway opening on to State highway was established prior to promulgation of these regulations, this regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations made, and to be made, for the health and comfort of the people. Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. For PA Turnpike concerns click the link below or call these numbers. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (5)Lane in front of another property. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. 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. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (c)Authority. As such, its design must be in accordance with the Departments current standards governing the design of local roads. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. See Figure 5. 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. Future additional driveways shall consist of the following: (i)If the Department anticipates that a property may be subdivided and that such subdivision will result in an unacceptable number or arrangement of driveways or both, the Department may require the property owner to enter into an access covenant (Form CC-14) prior to issuance of a permit. E-ZPass Customer Service Center: 877-736-6727. (13)Indemnification. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. PennDOT LTAP technical INFORMATION SHEET #165 s p r i n g / 2 0 1 5 400 North Street, 6th Floor . Drainage pipe installed under driveways shall be at least 15 inches in diameter. The fact that the Department of Transportation issued a highway occupancy permit for direct access does not preempt the townships ability to abide by its duly enacted ordinance, which contains safety standards stricter than the Departments. (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 following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 1991); appeal denied 604 A.2d 251 (Pa. 1992). 312). (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. 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. 2. . 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; The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. Permits will be issued only to the owners of the property. (f)Site requirements. The longitudinal slope of the sidewalk shall not exceed two inches per foot. Further work may not commence in the permitted area until the violation has been remedied. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 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. District officeAny of the 11 engineering district offices of the Department. (3)Requests for removal of a median divisor will not be granted without the approval of the director. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. V = Velocity of vehicle (miles per hour). See Figure 11 and Figure 12. sight distance limitations, and intersections or driveways. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. (l)Driveways relative to ramps. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will . Permanent curbingPlain or reinforced cement concrete curb which meets Department standards.
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