The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. Stopping sight distance is influenced by both vertical and horizontal alignment. (f)Traffic control plan. 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. (2) The free movement of normal highway traffic is not impaired. (3)Figures 7, 8, and 9 show two sets of design values. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . 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. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Prohibited use of the highway shall be as follows: (i)No part of the right-of-way shall be used for servicing vehicles, displays or conducting business. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . (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. (a)General rule. 1986); affirmed 518 A.2d 265 (Pa. 1986). Sight distance requirements for driveways shall be in accordance with PennDOT regulations, 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," or successor publication. 4904), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true. (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. 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. 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. 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. 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. (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. Follow the guidance in . (d)Permits not issued for certain highways. 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. 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; (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. 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. (E)42 U.S.C. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (B)apartments with five units or less. The Hidden Driveway Sign (W11-103) shall be authorized for use to denote the presence of a driveway or alley at which the sight distance is restricted. No part of the information on this site may be reproduced for profit or sold for profit. 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. Sight distance is adequate to safely allow each . Open form follow the instructions. 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. Popple v. Department of Transportation, 575 A.2d 973 (Pa. Cmwlth. (6)Sight distance in each direction from each proposed driveway. See Figure 5. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. 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. 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. This section cited in 67 Pa. Code 441.4 (relating to permit fees). (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. Materials used in the construction of driveways shall meet the requirements of Form 408. No statutes or acts will be found at this website. Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law. (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. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. 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. Permit applications shall be submitted to either the district or county office having jurisdiction over the county in which the proposed work will be performed. (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. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. (h)Sight distance. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. 4624. How It Works. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. 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. (3)Work to conform to Department standards. For grades, follow the general recommendations of PennDOT Design 641 Ferne Blvd , Drexel Hill, PA 19026-3110 is a single-family home listed for-sale at $549,900. No statutes or acts will be found at this website. 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. 1 Measured from a vehicle ten feet back of the pavement edge. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. (o)Traffic control devices. Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. Here are some mowing tips: . Right-of-wayThe area which has been acquired by the Department for highway purposes. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. (7)Disposition of materials. (l)Driveways relative to ramps. (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. General inspection fees shall be used to defray costs incurred by the Department in spot inspection of permitted work or subsequent inspection after the permitted work has been completed, to insure compliance with the permit and this chapter; they shall be as follows: (c)Exemptions. 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. (6)Altering drainage prohibited. (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. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. The general factors that control the maximum rates of superelevation, as discussed in . 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. (c)Where to submit application. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. "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. (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. 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. 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. (m)Median openings. A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as: (B)multi-building apartment or office complexes. (3) The driveway will not create a hazard. EgressThe exit of vehicular traffic from abutting properties to a highway. Local roadEvery public highway other than a State highway. Recommend use of PennDOT standards for state highways. (k)Access driveway pavement. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. 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. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. 670-420). The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (5)Lane in front of another property. 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. The Pennsylvania Code website reflects the Pennsylvania Code Please direct comments or questions to. 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. 8372 (December 31, 2022). stopping sight distances should be used. f = Wet friction of pavement (average = 0.30). The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. B. (Ch. (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 part of the information on this site may be reproduced forprofit or sold for profit. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 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. (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. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. 1986); affirmed 518 A.2d 265 (Pa. 1986). 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. (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. 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 number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns, and current design policy of the Department. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (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. (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. R Available to PennDOT staff only. (b)Who may apply for a permit. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. sight distance limitations, and intersections or driveways. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. (iv)High volume driveway, see Figure 10. . (C)Act of October 5, 1978 (P. L. 1104, No. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. (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. 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. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. (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. The longitudinal slope of the sidewalk shall not exceed two inches per foot. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). V = Velocity of vehicle (miles per hour). See Figure 6. 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. (4)The driveway will not create an area of undue traffic congestion on the highway. (2)Supplement fee each six-month time extension or each submitted change shall be$10. (iv)Driveway angle relative to the highway. 8372 (December 31, 2022). 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. (D)O.S.H.A. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. The location of the pullover area should be based on reasonable sight distance. See Figure 3. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Turnpike Customer Assistance Center: 800-331-3414. PennDOT Recommended use of AASHTO standards. 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. (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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. 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. 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. a left turn into a driveway. 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. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. (a)General. (5)Lane in front of another property. A permit may not be required for maintenance. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittees copy of the permit to the issuing district permit office on or before the permit expiration date. 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. Section 4904 of the Crimes Code, (18 Pa. C.S. Stopping sight distanceThe distance required by a driver traveling at a . 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. (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 location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the municipality, new or relocated detectors, signal heads, controller and the like, for the control of traffic movements from the driveway. 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. The longitudinal grade of the sidewalk shall not exceed two inches per foot. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. The Department will examine and determine the genuineness, regularity, and legality of every application, and may reject any application if not satisfied of its genuineness, regularity or legality, or the truth of any statement contained in the application. See Figure 6. (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. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. See Figure 11 and Figure 12. 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. See Figure 5. 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. All traffic control devices shall be of an approved type. (ii)In the event of failure or neglect by the permittee to perform and comply with the permit or the provisions of this chapter, the Department may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment, or property belonging to the permittee or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition.
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