Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. (d)Additional inspection fees. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (15)Damage to highway. This will eliminate the need for depressing the back edge of the sidewalk. Local roadEvery public highway other than a State highway. CurblineA line formed by the face of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located. Learn more 67 Pa. Code 441.8. The general factors that control the maximum rates of superelevation, as discussed in . The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. It shall be extended around the driveway radii to the right-of-way line. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. (i)Grade of access driveway. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . 72 containing the Departments design standards for roadway construction. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. (3)The traffic control plan shall be either: (i)A detailed drawing, showing all traffic control devices. (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. (i)Grade of access driveway. . 8372 (December 31, 2022). (f)Miscellaneous fees. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (8)Equipment damaging highway. 4624. 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. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). 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. highway and the sight distance (in feet) to the equipment from behind is less . If the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice. (vi)The permittee shall be the only party in interest in any action against the Department before the Board of Claims involving disputes arising from the permit. (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. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. 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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. (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. 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. 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. (m)Median openings. Materials used in the construction of driveways shall meet the requirements of Form 408. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . Immediately preceding text appears at serial pages (62045) and (62046). (n)Shoulder upgrading. Further work may not commence in the permitted area until the violation has been remedied. (5)Lane in front of another property. The Department will refund the general permit inspection fees on unused permits. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. 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 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. (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. (k)Authority to reject application. 312). (6)Shall contain proof that the applicant is an owner. 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. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. In the event the Department determines that such structures, equipment, or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Department to do so, the Secretary or his attorneys, or any attorney of any court of record shall be authorized to appear for the permittee, and to enter an amicable action of ejectment and confess judgment against the permittee; and the attorney shall be authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. 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. (iv)High volume driveway, see Figure 10. 1995). (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. (a)General. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . (2)Left turn stand-by lanes. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. 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). See Figure 3. 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. PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . Easily sign the form with your finger. (d)When to submit applications. The longitudinal grade of the sidewalk shall not exceed two inches per foot. 4159. (B)Act of December 10, 1974 (P. L. 852, No. (6)Altering drainage prohibited. 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. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. (j)Auxiliary lanes. 1986); affirmed 518 A.2d 265 (Pa. 1986). All traffic control devices shall be of an approved type. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. 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. (c)Driveways adjacent to intersections. (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. No statutes or acts will be found at this website. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. (g)Curbing. The driveway pavement shall be at least four inches thick within the right-of-way. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. (e)Number of driveways. 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. Here are some mowing tips: . (11)Approval by inspector. t = Perception time of motorist (average = 2.5 seconds). (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. (2) The free movement of normal highway traffic is not impaired. (3)an access covenant (Form CC-14) is executed with the permit as specified in paragraph (16) of 441.6 of this title (relating to general conditions). (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. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. (3)Governmental authorities organized under the laws of this Commonwealth. For grades, follow the general recommendations of PennDOT Design VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. Highway Occupancy Permit Related Forms. MLS # PADE2042340 The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. AccessA driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof. Review by municipalities, planning commissions, and zoning boards shall comply with the following: (1)Certain local governing bodies wish to review driveway applications within their jurisdictions. (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. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. (ii)Low volume driveway, see Figure 8. (h)Sight distance. (a)General rule. 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. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. (3)Shall include five sets of plans, of a quality sufficient for microfilming, detailing the location and pertinent dimensions of both the proposed installation and related highway features. Chapter BRIDLE PATH SIGN (W11-104) The Bridle Path Sign (W11-104) shall be authorized for use along roads where a number of horses normally walk beside or cross the roadway. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (b)Angle of access driveway approach. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. 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. (g)Drainage control plan for other than minimum use driveways. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. IngressThe entrance of vehicular traffic to abutting properties from a highway. 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. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. In case any dispute arises between the permittee and the Departments inspector, the Departments inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the district office. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (3)Revocation of the applicants permit by the Department. The placement of vehicles measured at the driveway and on the roadway must be consistent with the operation of the driveway and roadway, as illustrated on Form M-950S and consistent with Publication 282. (b)Angle of access driveway approach. An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall be, for the purpose of this chapter, considered a local road and not a driveway regardless of its ownership. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. (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. 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. (iii)Street, road, highway, or driveways opposite the site. 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. See Figure 5. (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. 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. (f)Site requirements. stopping sight distances should be used. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. 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. 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. SecretaryThe Secretary of the Department. (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. Purpose . The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. (a)General rule. (d)Property line clearance. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. . 8372 (December 31, 2022). 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.
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