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. The permittee shall fully indemnify and save harmless and defend the Commonwealth, its agents and employes, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employe, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work. 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. Here are some mowing tips: . (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. (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. (k)Access driveway pavement. 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. Further work may not commence in the permitted area until the violation has been remedied. 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. PDF Chapter 7 (d)Additional inspection fees. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. (6)Sight distance in each direction from each proposed driveway. 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. (2)The director may revoke a permit for nonpayment of a fee specified in 441.4 (relating to permit fees) including default of a check submitted for the payment. 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. Permits will not normally be issued for occupancy of or access to any limited access highway. Medium volume drivewayA driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. (v)Building and business appurtenances on the site. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . 312). M950S (304) M950S PENNDOT (0304) PENNDOT DRIVEWAY SIGHT DISTANCE MEASUREMENTS (FOR LOCAL ROADS, USE PENNDOT PUB 70) APPLICANT APPLICATION NO. 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. Permits are not required for the placing of newspaper receptacles or mail boxes, although their location is subject to the maintenance requirements of the Department. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. Stopping Sight Distance - Federal Highway Administration Immediately preceding text appears at serial pages (62045) and (62046). Improved areaThe area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances. 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)Permits not issued for certain structures. The driveway pavement shall be at least four inches thick within the right-of-way. 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. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. Drainage pipe installed under driveways shall be at least 15 inches in diameter. 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. 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. No part of the information on this site may be reproduced forprofit or sold for profit. (2)Existing and proposed building, including a description of present and proposed use of building. 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. Permit applications shall be submitted in the name of the owner of the property. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. (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. Highway Occupancy Permits - Pennsylvania Department of Transportation 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. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Easily sign the form with your finger. Permits will be issued only to the owners of the property. The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. (c)Driveways adjacent to intersections. (i)Grade of access driveway. Turnpike Customer Assistance Center: 800-331-3414. 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. No statutes or acts will be found at this website. SecretaryThe Secretary of the Department. DirectorThe director of the Departments Bureau of Highway Services. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. Reference Material and Forms - Pennsylvania Department of Transportation (4)Cost. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. Please direct comments or questions to. Where possible, drainage releasesForm L-15 or CC-15will be obtained, by and at the expense of the applicant, from all property owners over whose land additional drainage will flow. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. (B)apartments with five units or less. Popple v. Department of Transportation, 575 A.2d 973 (Pa. Cmwlth. Signs shall conform to the requirements of Publication 68. (2)If the property frontage exceeds 600 feet, the permit may authorize an additional driveway. (4)The driveway will not create an area of undue traffic congestion on the highway. 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. (e)Number of driveways. (k)Authority to reject application. 03-2004 : Title: PennDOT Letterhead Template (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. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (2)Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of vehicular traffic. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. 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. 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. 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 (7)The number of vehicles per day which are expected to utilize each proposed driveway. V = Velocity of vehicle (miles per hour). g = Percent grade of roadway divided by 100. (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. (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. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 21-403. Driveways. - American Legal Publishing Corporation 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. (iv)Driveway angle relative to the highway. The location of the pullover area should be based on reasonable sight distance. (e)Application procedure and required information. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. The Department will refund the general permit inspection fees on unused permits. 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 to a vehicle in the outside lane. 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. (d)Local roads. (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. (E)42 U.S.C. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. (6)Shall contain proof that the applicant is an owner. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. 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. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. 4.0 Spacing Follow the guidance in 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. 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. (f)Site 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 highways and 30 feet on uncurbed highways. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. SEG. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. (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. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 501508 (relating to practice and procedure of Commonwealth agencies). If the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (iv)All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway. (3)Details of internal traffic circulation, parking, and traffic signs. Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. PDF Applicant Checklist For Low, Medium & High Volume Driveways and Local The term includes proposed streets, lanes, alleys, courts, and ways. 67 Pa. Code 441.8. Driveway design requirements. - Pennsylvania Bulletin Roadway sight distance right. PDF Chapter 3 1242, the Act . 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. AccessA driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof. (j)Auxiliary lanes. 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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Section 4904 of the Crimes Code, (18 Pa. C.S. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. 67 Pa. Code 441.8. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. 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. 441.2. This section cited in 67 Pa. Code 441.6 (relating to general conditions). This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. 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. 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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. 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. (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. construction safety and health regulations, 39 Fed. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). 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. 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 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. (o)Traffic control devices. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. See Figure 3. (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. 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. (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. Create Minimum Use Driveway Screen Fields - Pennsylvania Department of Driveways - Chester County, Pennsylvania (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (iii)Medium volume driveway, see Figures 9, 11, and 12. The Pennsylvania Code website reflects the Pennsylvania Code distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. See Figure 5. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. (a)General rule. (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. Multi-modal Handbook - Chesco Planning (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. f = Wet friction of pavement (average = 0.30). Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. Controlling the direction that has the best sight distance . 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. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. E-ZPass Customer Service Center: 877-736-6727. (d)Permits not issued for certain highways.