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(i)The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. No part of the information on this site may be reproduced forprofit or sold for profit. (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. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. 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. 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. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. 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. 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. Drainage pipe installed under driveways shall be at least 15 inches in diameter. (2) The free movement of normal highway traffic is not impaired. (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. 312). Driveway Sight Distance Measurements . (g)Curbing. (h)Sight distance. 641 Ferne Blvd , Drexel Hill, PA 19026-3110 is a single-family home listed for-sale at $549,900. (v)Building and business appurtenances on the site. (6)Shall contain proof that the applicant is an owner. See Figure 5. (e)Multiple driveways. Upon application duly made, in accordance with this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained on the permit and its attachments and supplements. (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. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. (8)Equipment damaging highway. County officeAny of the various maintenance district offices of the Department. Access driveways shall be appropriately surfaced with a stabilized material between the traveled way and the right-of-way line unless a higher type material is specified by the permit. (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. Form 408The latest revision of highway construction specifications issued by the Department. 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? 8372 (December 31, 2022). 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. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (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. Addi onal sight distance should be provided at decision points. The crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. 1986); affirmed 518 A.2d 265 (Pa. 1986). 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. (9)Traffic protection and maintenance. EgressThe exit of vehicular traffic from abutting properties to 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. 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. (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. Sight distance is adequate to safely allow each . (B)apartments with five units or less. Easily sign the form with your finger. Nothing contained in this chapter is intended to relax existing safety requirements. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . (n)Shoulder upgrading. Stopping sight distanceThe distance required by a driver traveling at a . Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. 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. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. (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. 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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (vi)Driveway surface material and traffic island materials. 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. 1995). 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. 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 . (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. 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. No part of the information on this site may be reproduced forprofit or sold for profit. (11)Approval by inspector. (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. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Stopping sight distance The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver. (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. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. (iii)The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this chapter, as long as the driveway or the facility authorized by the permit exists. (iii)Predicted flow in cubic feet per second. 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. (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. 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. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Conditions for sight distance shall be as follows: (1)Access driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distance listed in the appropriate following table: Table 1Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto two-lane roads. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. The permit, together with plans, relevant correspondence, and any supplements issued, will be microfilmed, and the microfilm record will be retained in the central permit office. (ii)The access covenant will restrict access to the approved locations regardless of whether the land is later subdivided or conveyed to other persons, or both. (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. (6)Sight distance in each direction from each proposed driveway. 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. 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. (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%. (vii)Location of all required traffic control devices. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. (iii)If work is stopped on a project for any reason, other than at the end of any normal work day, and any ditch or trench, in the opinion of the Department, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. These regulations are made pursuant to the State Highway Law (36 P. S. 670-101670-1102), especially section 420 thereof (36 P. S. 670-420). Reg. (iii)If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the expense of the permittee. The term includes special mobile equipment as defined in the Vehicle Code. . (5)Lane in front of another property. (c)Where to submit application. (3)Work to conform to Department standards. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. (iv)When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. (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. (j)Auxiliary lanes. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. (b)Other requirements. (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. (2)Electrically powered devices. (iii)Driveway grades or profile view of drive. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (B)The applicant provided written notice of the submission of the application to the fee title holder apprising the fee title holder of the administrative rights relative to the permit application under 1 Pa. Code 35.23, 35.24 and 35.2735.32. 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. Please direct comments or questions to. g = Percent grade of roadway divided by 100. (h)Work completion notification. f = Wet friction of pavement (average = 0.30). (a)General. 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. a left turn into a driveway. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. 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 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. 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. (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. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. (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. 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. (b)Angle of access driveway approach. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (3)Additional right-of-way for lanes. (a)General. Driveway design requirements. E-ZPass Customer Service Center: 877-736-6727. (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. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. Record the speed of the vehicle at consistent data points along the . (4)The Department will consider any comments or recommendations resulting from this review prior to approving the access permit. (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. 337 (10 P. S. 160-1160-17). 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. This will eliminate the need for depressing the back edge of the sidewalk. (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. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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. (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. As such, its design must be in accordance with the Departments current standards governing the design of local roads. See Figure 5. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. 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. IngressThe entrance of vehicular traffic to abutting properties from a highway. 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. (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. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. 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. 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. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. The longitudinal grade of the sidewalk shall not exceed two inches per foot. Allow no more than three dwelling units to gain access to a private 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. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 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. M950S (304) M950S PENNDOT (0304) PENNDOT DRIVEWAY SIGHT DISTANCE MEASUREMENTS (FOR LOCAL ROADS, USE PENNDOT PUB 70) APPLICANT APPLICATION NO. 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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. (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. 4159. (ii)The permittee shall be responsible for controlling dust conditions created by its operations. . This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. Disposition of materials shall comply with the following: (i)The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit. Materials used in the construction of driveways shall meet the requirements of Form 408. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. 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. (17)Use of highway prohibited. (ii)Low volume driveway, see Figure 8. (3)Revocation of the applicants permit by the Department. (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. changes effective through 52 Pa.B. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 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. Spacing may be a concern if it could affect ISD as shown below. 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. Roadway construction standardsDepartment Publication No. (4)Cost. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. 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. (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. 670-420). 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. 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. 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. 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. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. (a)Permit issuance fees. (2) . This will eliminate the need for depressing the back edge of the sidewalk. (1)Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property. (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. 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. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). (ii)Nearest driveway on adjacent properties. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. (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. Meets 441 minimum safe stopping sight distance (Ch. (2)A listing of these municipalities and local agencies is available from the appropriate district office. (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. (a)General rule. (iii)Medium volume driveway, see Figures 9, 11, and 12. (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. No statutes or acts will be found at this website. c. (B)apartments with five units or less.

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