2. . 441.2. 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. (11)Approval by inspector. Permit applications shall be submitted in the name of the owner of the property. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. Immediately preceding text appears at serial pages (62045) and (62046). The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. Allow no more than three dwelling units to gain access to a private driveway. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. (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. 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. (a)General rule. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 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. Reg. Property line clearanceThe distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. (d)Additional inspection fees. (o)Traffic control devices. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. See Figure 5. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. No part of the information on this site may be reproduced for profit or sold for profit. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. (4)The driveway will not create an area of undue traffic congestion on the highway. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. 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. District officeAny of the 11 engineering district offices of the Department. (l)Penalty for falsifying application. (k)Access driveway pavement. . Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. A permit may not be required for maintenance. The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. 67 Pa. Code 441.8 - Driveway design requirements (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 . Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. Easily sign the form with your finger. (4)Design features of existing and proposed driveways, curbs, tapers, acceleration, and deceleration lanes including the following: (ii)Driveway radii and other points of curvature. Spacing may be a concern if it could affect ISD as shown below. (e)Multiple driveways. (4)Permittee responsibilities. (3)Requests for removal of a median divisor will not be granted without the approval of the director. Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 (8)Equipment damaging highway. (3)Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way. 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; Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control Penndot M 950s Form - Fill and Sign Printable Template Online The principal liability of the permittee to the Department shall not preclude the permittee or the Department from bringing any action against the permittees contractor, subcontractor, engineer, architect, or any other person. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. Open form follow the instructions. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (d)Permits not issued for certain highways. The Pennsylvania Code website reflects the Pennsylvania Code (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. (4)The Department may require the permittee to locate an access driveway directly across from a highway, local road, or access driveway on the opposite side of the roadway if it is judged that offset driveways will not permit left turns to be made safely or that access across the roadway from one access to the other will create a safety hazard. (Ch. 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. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (vii)Location of all required traffic control devices. 670-420). Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (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. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. Local roadEvery public highway other than a State highway. (c)Driveways adjacent to intersections. 8372 (December 31, 2022). 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. (a)General rule. (l)Driveways relative to ramps. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. (b)Who may apply for a permit. (f)Traffic control plan. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. 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. (k)Authority to reject application. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. (h)Work completion notification. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. construction safety and health regulations, 39 Fed. 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. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. 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. 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. (c)Driveways adjacent to intersections. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. CommonwealthThe Commonwealth of Pennsylvania. 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. (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. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. 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. 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. (vi)Driveway surface material and traffic island materials. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. Section 4904 of the Crimes Code, (18 Pa. C.S. changes effective through 52 Pa.B. Addi onal sight distance should be provided at decision points. (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. 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. 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. This will eliminate the need for depressing the back edge of the sidewalk. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, vehicles, service equipment and similar items. 4624. 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)Nearest driveway on adjacent properties. Highway Occupancy Permit Related Forms. SecretaryThe Secretary of the Department. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. See Figure 6. 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. (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. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. (6)Sight distance in each direction from each proposed driveway. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. 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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. 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. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (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. (7)The number of vehicles per day which are expected to utilize each proposed driveway. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. Materials used in the construction of driveways shall meet the requirements of Form 408. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. See Figure 3. 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. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The term includes existing or proposed streets, lanes, alleys, courts, and ways. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. 67 Pa. Code Chapter 441. Access To And Occupancy Of Highways By (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. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. (a)Permit issuance fees. Approval by the Departments inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Department of its right to seek performance or restitution by the permittee. 2005); apeal denied 903 A.2d 539 (Pa. 2006). 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. 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 available corner sight distance on side roads is less than the necessary stopping sight-distance values . (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. Permittee responsibilities shall be as follows: (i)The permittee shall pay all fees, costs, and expenses incident to or arising from the project, including the cost of related highway improvements which increased traffic or surface drainage may necessitate. (2)Left turn stand-by lanes. 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. V = Velocity of vehicle (miles per hour). (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. Pennsylvania Bulletin (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. 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. Signs shall conform to the requirements of Publication 68. (n)Shoulder upgrading. 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. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. 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. Multi-modal Handbook - Chesco Planning Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. No statutes or acts will be found at this website. (ii)a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control. (d)Safety requirements. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. (ii)Low volume driveway, see Figure 8. Where the existing shoulder on either side of a proposed low, medium, or high volume driveway is not adequate to allow its use by turning vehicles, the permittee shall upgrade the shoulder area for a minimum of 100 feet on either side of the driveway. (iii)Driveway grades or profile view of drive. Please direct comments or questions to. (j)Auxiliary lanes. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. 4624. (iv)Driveway angle relative to the highway. PDF PennDOT Memo Template - Pennsylvania Department of Transportation 337 (10 P. S. 160-1160-17). (15)Damage to highway. (k)Access driveway pavement. 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. (C)Act of October 5, 1978 (P. L. 1104, No. CombinationTwo or more vehicles physically interconnected in tandem. Sight distance is adequate to safely allow each . 8372 (December 31, 2022). . 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 provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. 21-403. Driveways. - American Legal Publishing Corporation (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. (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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. Highway Occupancy Permits - Pennsylvania Department of Transportation Permits will be issued only to the owners of the property. The location of the pullover area should be based on reasonable sight distance. No part of the information on this site may be reproduced forprofit or sold for profit. E-ZPass Customer Service Center: 877-736-6727. (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. 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. For grades, follow the general recommendations of PennDOT Design 1986); affirmed 518 A.2d 265 (Pa. 1986). PennDOT FAQs - Pennsylvania Department of Transportation
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