(2) The free movement of normal highway traffic is not impaired. 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. 8372 (December 31, 2022). measured by for department use only: distance required the maximum length of roadway alon (6)Altering drainage prohibited. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. 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. 1991); appeal denied 604 A.2d 251 (Pa. 1992). 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. (2)The free movement of normal highway traffic is not impaired. Section 4904 of the Crimes Code, (18 Pa. C.S. (ii)A signed written statement, whereby the applicant agrees to indemnify and defend the Commonwealth (if requested) from all suits, damages, claims and demands of any type whatsoever by the fee title holder of the property because of granting the permit to the applicant, such as a failure of the permittee or other person to comply with the permit or any other statutes, ordinances or regulations in connection with the permit. (b)Other requirements. See Figure 5. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. a left turn into a driveway. (i)Grade of access driveway. 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. (4)Cost. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (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. 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). (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. 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. The Pennsylvania Code website reflects the Pennsylvania Code (7)Disposition of materials. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. InspectorThe Departments authorized representative assigned to inspect permit operations. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (2)Electrically powered devices. Roadway construction standardsDepartment Publication No. (m)Median openings. B. (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). (j)Auxiliary lanes. The Department will refund the general permit inspection fees on unused permits. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . 337 (10 P. S. 160-1160-17). (n)Shoulder upgrading. This section cited in 67 Pa. Code 441.4 (relating to permit fees). (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. A roadway designed to criteria employs a horizontal and vertical alignment and a cross section that provides at least the minimum stopping sight distance through the entire facility. 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). Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. 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. 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. See Figure 3. 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 chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (ii)In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood, or other suitable protective material having a minimum thickness of four inches. (c)Where to submit application. (v)If the permitted work is the proximate cause of damage to the highway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration. Immediately preceding text appears at serial pages (358426) and (216115) to (216117). 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. 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. Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. 441.2. PennDOT LTAP technical INFORMATION SHEET #165 s p r i n g / 2 0 1 5 400 North Street, 6th Floor . (2)Supplement fee each six-month time extension or each submitted change shall be$10. 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. R Available to PennDOT staff only. 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. Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. (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. Stopping sight distance is influenced by both vertical and horizontal alignment. (e)Refunds. (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. PlansDrawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage, and other details. PENNDOT PUB 170 HIGHWAY OCCUPANCY PERMIT (HOP) MANUAL Page 77A (Rev 4-12) PENNDOT Web Site: www.dot.state.pa.us Special Interest Areas Permits Occupancy Permits PENNDOT WAN: Statewide Drive Permits Shared HOP 3.8 -- Miscellaneous Review of Application 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. 4159. (h)Drainage release for other than minimum use driveways. 8372 (December 31, 2022). (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. (k)Access driveway pavement. As such, its design must be in accordance with the Departments current standards governing the design of local roads. (E)42 U.S.C. Signs shall conform to the requirements of Publication 68. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. (2)Electrically powered devices. (iii)Medium volume driveway, see Figures 9, 11, and 12. (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. Driveway design requirements. (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. "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. 1990). 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. For PA Turnpike concerns click the link below or call these numbers. The longitudinal grade of the sidewalk shall not exceed two inches per foot. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. (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%. (e)Multiple driveways. ShoulderThe portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements. (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. 2005); apeal denied 903 A.2d 539 (Pa. 2006). Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. However, the Department may authorize bus stop shelters or phone booths by written agreement. 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. 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. (iv)If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Department specifications upon notice from the Department to do so, the Department may perform the work and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. This will enable the driveway slope to stay within the 8.0% slope limit. The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. No part of the information on this site may be reproduced forprofit 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. 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. 4624. . The term includes proposed streets, lanes, alleys, courts, and ways. changes effective through 52 Pa.B. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. sight distance limitations, and intersections or driveways. Form 408The latest revision of highway construction specifications issued by the Department. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. Permits are not required for the placing of newspaper receptacles or mail boxes, although their location is subject to the maintenance requirements of the Department. (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. SEG. (n)Shoulder upgrading. (d)When to submit applications. Permit applications shall be submitted in the name of the owner of the property. Sight distance is adequate to safely allow each . (ii)Nearest driveway on adjacent properties. 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 . 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. (m)Median openings. (c)Specific location restrictions. Traffic control deviceAny sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both. (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. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. See Figure 5. (3)Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. 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. Record the speed of the vehicle at consistent data points along the . 4159. (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. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. (5)Lane in front of another property. 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. (6)Sight distance in each direction from each proposed driveway. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Department, as set forth in Publication 43 and Publication 90. (m)Newspaper or mail receptacles. 4624. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control (3)The driveway will not create a hazard. (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. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. 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. 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 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. 67 Pa. Code 441.8. S.R. (4)The area between the right-of-way line adjacent to and on both sides of a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. The 2,865 sq. 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. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. Although driveway opening on to State highway was established prior to promulgation of the regulations, the 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. (f)Site requirements. Please refer to PennDOT's highway occupancy permit regulation manuals, which can be obtained from the local District office, for further details. (5)Lane in front of another property. (4)The area between the right-of-way line adjacent to and on both sides of a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property. A. (ii)Posted speeds shall be used unless operating speeds vary from the posted speed by more than ten miles per hour, in which case the Department may require that operating speeds be used. (h)Sight distance. Additional grounds for revocation shall be as follows: (1)The Secretary may revoke a permit whenever he determines that the driveway or approaches or their use constitute a hazard to traffic or interferes with the proper use of the highway by the Department or the public. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. Nothing contained in this chapter is intended to relax existing safety requirements. (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 longitudinal grade of the sidewalk shall not exceed two inches per foot. District officeAny of the 11 engineering district offices of the Department. (ii)The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Department. (3)The traffic control plan shall be either: (i)A detailed drawing, showing all traffic control devices. 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. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). 1242, the Act . 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. (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. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. The permit application for all driveways other than those classified as minimum use shall include a plan which illustrates, as a minimum, the following, including dimensions where applicable: (1)Existing highway pavement, ditches, right-of-way and relevant property lines, highway appurtenances, utilities, and medians. (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. (17)Use of highway prohibited. (d)Local roads. 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. (iii)If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the expense of the permittee. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 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. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. 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. (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. 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. (iv)Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Department after submitting Form M-948, Assignment of Permit or License. Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 2. . This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 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. ft. home is a 5 bed, 4.0 bath property. For grades, follow the general recommendations of PennDOT Design Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . (2)Left turn stand-by lanes. 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. 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. (D)O.S.H.A. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). Divided highwayA highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier, or clearly indicated dividing section. (k)Authority to reject application. EgressThe exit of vehicular traffic from abutting properties to a highway. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). Recommend 5-15 foot minimum on local roads. (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. (iii)The conditions, restrictions, and provisions of the permit. (12)Maintenance. All work authorized by the permit shall be subject to the following: (i)All applicable laws, rules, and regulations, including but not limited to the following: (A)Act of October 26, 1972 (P. L. 1017, No.