Medium volume drivewayA driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. (3)Figures 7, 8, and 9 show two sets of design values. (B)apartments with five units or less. 312). 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. This will eliminate the need for depressing the back edge of the sidewalk. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). The term includes existing or proposed streets, lanes, alleys, courts, and ways. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (4)Shall be accompanied by a check or money order, payable to the Department, in the appropriate amount, as set forth in 441.4 (relating to permit fees). 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; 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. See Figure 6. (ii)A signed written statement, whereby the applicant agrees to indemnify and defend the Commonwealth (if requested) from all suits, damages, claims and demands of any type whatsoever by the fee title holder of the property because of granting the permit to the applicant, such as a failure of the permittee or other person to comply with the permit or any other statutes, ordinances or regulations in connection with 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. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. 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. (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. (ii)Low volume driveway, see Figure 8. 1392, unless otherwise noted. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. (m)Median openings. DepartmentThe Department of Transportation of the Commonwealth. 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. 1986); affirmed 518 A.2d 265 (Pa. 1986). 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. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . (3)Revocation of the applicants permit by the Department. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. (5)Lane in front of another property. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. stopping sight distances should be used. (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. g = Percent grade of roadway divided by 100. This section cited in 67 Pa. Code 441.6 (relating to general conditions). These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. (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. 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. Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 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 Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. No part of the information on this site may be reproduced forprofit or sold for profit. (5)Grade requirements where curbs and sidewalks are present. Learn more 67 Pa. Code 441.8. sight distance limitations, and intersections or driveways. Recommend 5-15 foot minimum on local roads. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (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. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Frontage widthThe distance along the right-of-way line in front of an abutting property. (6)Shall contain proof that the applicant is an owner. 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. (g)Drainage control plan for other than minimum use driveways. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. Driveway design requirements. (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. General requirements shall be as follows: (1)The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve and the type and character of roadway which it accesses. (a)General rule. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (l)Driveways relative to ramps. The term includes proposed streets, lanes, alleys, courts, and ways. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. See Figure 3. EgressThe exit of vehicular traffic from abutting properties to a highway. (4)The driveway will not create an area of undue traffic congestion on the highway. "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. PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . Immediately preceding text appears at serial pages (62045) and (62046). 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. (9)Traffic protection and maintenance. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. Permit applications shall be submitted in the name of the owner of the property. 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, . PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. (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. 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. Please direct comments or questions to. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. (b)Angle of access driveway approach. Information provided in applications must be accurate. Permits will be issued only to the owners of the property. Allow no more than three dwelling units to gain access to a private driveway. 670-420). 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. 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. See Figure 6. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (6)Altering drainage prohibited. (ix)The Department, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation, or proper maintenance of any access within State highway right-of-way. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. 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 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. 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. (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. (3)Additional right-of-way for lanes. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 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. EquipmentAll machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work. (17)Use of highway prohibited. County officeAny of the various maintenance district offices of the Department. 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. 1986); affirmed 518 A.2d 265 (Pa. 1986). 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. All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. 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. 2. . 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. (iii)Street, road, highway, or driveways opposite the site. 3.0 Intersection Sight Distance / Vision Corners . If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. 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. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. (2)Supplement fee each six-month time extension or each submitted change shall be$10. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 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. Permits will not normally be issued for occupancy of or access to any limited access highway. (3)Requests for removal of a median divisor will not be granted without the approval of the director. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. 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. ft. home is a 5 bed, 4.0 bath property. 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. (14)Insurance. (m)Newspaper or mail receptacles. (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. (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. Immediately preceding text appears at serial pages (358426) and (216115) to (216117). (i)Grade of access driveway. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. 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. Driveway approaches shall conform to the following standards: (1)The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference to highway traffic. 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 (3)Governmental authorities organized under the laws of this Commonwealth. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 8372 (December 31, 2022). This will eliminate the need for depressing the back edge of the sidewalk. 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. (6)Sight distance in each direction from each proposed driveway. (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. (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 free movement of normal highway traffic is not impaired. Open form follow the instructions. BRIDLE PATH SIGN (W11-104) The Bridle Path Sign (W11-104) shall be authorized for use along roads where a number of horses normally walk beside or cross the roadway. Highway Occupancy Permit Related Forms. 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. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. 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 . Permits will not be issued for bus stop shelters or phone booths, or for advertising signs, liquid fuel pumps, loading platforms, weight scales, or any structure which the Department deems not proper for occupancy of the right-of-way. f = Wet friction of pavement (average = 0.30). 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. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (n)Shoulder upgrading. (2)Electrically powered devices. (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%. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. (3) The driveway will not create a hazard. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. 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. (C) When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.0-5.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. driveway sight distance measurements (for local roads, use penndot pub 70) the maximum length of roadway along which a driver at a driveway location can continuously see another vehicle approaching on the roadway.
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