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m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. (g)Requesting permit time extension. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (iii)Driveway grades or profile view of drive. (d)Safety requirements. See Figure 11 and Figure 12. Easily sign the form with your finger. (3)Additional right-of-way for lanes. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. 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. (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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (A)When the highway grade in the section to be used for acceleration, after leaving the driveway, ascends at 3.05.0%, the sight distance in the direction of approaching ascending traffic may be increased by a factor of 1.4. 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. (2)Additional restrictions. 1995). 03-2004 : Title: PennDOT Letterhead Template (3) The driveway will not create a hazard. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. Limited access highwayA highway to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (5)Grade requirements where curbs and sidewalks are present. (6)Shall contain proof that the applicant is an owner. 312). Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. (e)Number of driveways. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. (5)The fines, imprisonment or other penalties as are provided by law. (5)Lane in front of another property. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. Form 408The latest revision of highway construction specifications issued by the Department. (3)Details of internal traffic circulation, parking, and traffic signs. This will eliminate the need for depressing the back edge of the sidewalk. (Ch. This will eliminate the need for depressing the back edge of the sidewalk. (e)Multiple driveways. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 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. (B)Location of traffic signal heads, poles, controller, and detectors. (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%. 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. Roadway sight distance right. 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. Record the speed of the vehicle at consistent data points along the . The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. (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. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. (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. Permits shall be recorded whenever deemed necessary by the Department, including when: (1)a permit requires drainage facilities to be installed and maintained; (2)a permit authorizes one or more high volume driveways to be constructed; or. (10)Restoration. See Figure 5. (l)Driveways relative to ramps. Restoration of highway shall include the following: (i)If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration including restoration of the adjacent area if it has also failed. (g)Curbing. 3.0 Intersection Sight Distance / Vision Corners . ft. home is a 5 bed, 4.0 bath property. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. 8372 (December 31, 2022). 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. 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. 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. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (b)Angle of access driveway approach. (iv)Relevant property lines and property lines extended to the roadway. 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. 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. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. g = Percent grade of roadway divided by 100. Open form follow the instructions. See Figure 6. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (a)General. PennDOT Recommended use of AASHTO standards. All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. 4624. (f)Permit requiring agreement. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. 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. Driveway design requirements. (e)Application procedure and required information. (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. No part of the information on this site may be reproduced for profit or sold for profit. 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. (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. 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. 501508 (relating to practice and procedure of Commonwealth agencies). (4)Cost. (f)Approaches to driveways. County officeAny of the various maintenance district offices of the Department. SEG. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. 1392, unless otherwise noted. 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. (2)Electrically powered devices. 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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. Permit applications shall be submitted in the name of the owner of the property. Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. The location of the pullover area should be based on reasonable sight distance. (2)A listing of these municipalities and local agencies is available from the appropriate district office. A shared driveway serving only two dwelling units should be a minimum of 10 feet wide as long as a paved pullover area is provided. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 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. Prior to revocation of a permit except for nonpayment as specified in paragraph (2), the applicant shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. The longitudinal grade of the sidewalk shall not exceed two inches per foot. (14)Insurance. (iv)Driveway angle relative to the highway. (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. E-ZPass Customer Service Center: 877-736-6727. 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. (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. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. (6)Altering drainage prohibited. If at any time it shall be found by the Department that the work is not being done or has not been properly performed, the permittee upon being notified in writing by the Department shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 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. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. Hearing officer committed no abuse of discretion by order approving application for highway occupancy permit upon conditions that permittee pay for traffic signal and driveway access as this was within exercise of power to make reasonable rules and regulations governing the use of highways and flow of traffic thereon. Permittee Required to Obtain All Required Approvals or Permits. (h)Drainage release for other than minimum use driveways. 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. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 441.8(h)(2)(iv)) Driveway location maximizes sight distance Justification provided for sight distance values that are less than the safe sight distance values Parked cars obstruct sight line for exiting vehicles? The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. DirectorThe director of the Departments Bureau of Highway Services. 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. 8372 (December 31, 2022). (2)The permit issuance fee shall not be refundable on unused permits. (4)When curb exists adjacent to the proposed driveway, the line and grade of the existing curb shall be matched, unless otherwise authorized by the permit. (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. (a)General rule. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . See Figure 5. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. (f)Traffic control plan. Stopping sight distance is influenced by both vertical and horizontal alignment. 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. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 1991); appeal denied 604 A.2d 251 (Pa. 1992). See Figure 3. 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 . B. (c)Specific location restrictions. 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. (2) The free movement of normal highway traffic is not impaired. 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. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. (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. 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. 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. Reg. (d)Additional inspection fees. Right-of-wayThe area which has been acquired by the Department for highway purposes. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. 2005); apeal denied 903 A.2d 539 (Pa. 2006). 4.0 Spacing Follow the guidance in 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employes to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for all salary, overhead, and expenses incurred by the Department for inspection. (iii)Proof that the applicant executed and recorded in the Office of the Recorder of Deeds in the appropriate county or counties, a covenant running with the land providing that all subsequent purchasers, heirs, assigns or transferees of the property take the property subject to the indemnification in subparagraph (ii), unless released by the Department. f = Wet friction of pavement (average = 0.30). Information provided in applications must be accurate. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. (2)Electrically powered devices. The driveway pavement shall be at least four inches thick within the right-of-way. 1990). (8)Equipment damaging highway. 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. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. (6)Sight distance in each direction from each proposed driveway. 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. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. Controlling the direction that has the best sight distance . construction safety and health regulations, 39 Fed. Addi onal sight distance should be provided at decision points. 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 . Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (5)Lane in front of another property. (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. (a)General rule. 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. (b)General location restrictions. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. 1995). 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. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. (n)Shoulder upgrading. (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. 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. When required by the permit, a speed change lane of sufficient length and width shall be constructed to allow vehicles to safely decelerate or accelerate when entering or leaving the property. (a)General rule. (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. The Department will refund the general permit inspection fees on unused permits. Stopping sight distanceThe 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. 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. (j)Auxiliary lanes. (iii)an equitable interest in property under a sales agreement or an option to purchase; provided that the estate or other legal or equitable interest in property includes the use requested in the permit. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 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. SecretaryThe Secretary of the Department. (i)Grade of access driveway. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. b. 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. 312). SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. See Figure 3. (E)42 U.S.C. 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. (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. 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. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . All driveways and adjacent areas within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance, and drainage of the highway, or the safe and convenient passage of traffic upon the highway. 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. 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 Drainage control plan for other than minimum use driveways shall be as follows: (1)If it can reasonably be anticipated that there will be an increase in the flow of water onto the highway or into highway drainage facilities as a result of action by the applicant, or that there will be an increase in the flow of water onto the property of some other person as a result of any action authorized by the permit, a drainage control plan shall be submitted with the application. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. t = Perception time of motorist (average = 2.5 seconds). (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. (b)Who may apply for a permit. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. (a)Permit issuance fees. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. 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. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. 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, . The 2,865 sq. The driveway pavement shall be at least four inches thick within the right-of-way. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. Median openings shall consist of the following: (1)The removal of a portion of median divisor along a divided highway to provide access to and from traffic in both directions will not be permitted unless it is determined that the operating characteristics of the highway system will be improved by such action. Recommend 5-15 foot minimum on local roads. 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. (4)Permittee responsibilities. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. Roadway construction standardsDepartment Publication No. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). Immediately preceding text appears at serial pages (62045) and (62046). 494-14-06 August 8, 2014 Page 2 . 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. (4)Cost. 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.