This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. 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. (10)Restoration. The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. 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. Please direct comments or questions to. (iii)Predicted flow in cubic feet per second. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Department including, but not limited to, Form 408. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. Right-of-wayThe area which has been acquired by the Department for highway purposes. 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. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (h)Work completion notification. (c)Authority. 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. District officeAny of the 11 engineering district offices of the Department. (ii)Nearest driveway on adjacent properties. V = Velocity of vehicle (miles per hour). No statutes or acts will be found at this website. 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. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. 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. The Pennsylvania Code website reflects the Pennsylvania Code FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. See Figure 6. All driveways and adjacent areas within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance, and drainage of the highway, or the safe and convenient passage of traffic upon the highway. See Figure 6. 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. Acceleration laneThe portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. 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. 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. (4)The Department will consider any comments or recommendations resulting from this review prior to approving the access permit. As such, its design must be in accordance with the Departments current standards governing the design of local roads. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . S.R. Roadway construction standardsDepartment Publication 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. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. 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. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. Additional grounds for revocation shall be as follows: (1)The Secretary may revoke a permit whenever he determines that the driveway or approaches or their use constitute a hazard to traffic or interferes with the proper use of the highway by the Department or the public. 1 Measured from a vehicle ten feet back of the pavement edge. Form 408The latest revision of highway construction specifications issued by the Department. Immediately preceding text appears at serial pages (62045) and (62046). (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. 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. 2002); appeal denied 814 A.2d 679 (Pa. 2002). This section cited in 67 Pa. Code 441.3 (relating to permit application procedure); and 67 Pa. Code 441.10 (relating to penalties and enforcement). (d)When to submit applications. 8372 (December 31, 2022). (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. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. The longitudinal grade of the sidewalk shall not exceed two inches per foot. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. (ii)a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control. 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. (2) . (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. 1392, unless otherwise noted. A permit may not be required for maintenance. (B)Location of traffic signal heads, poles, controller, and detectors. All work authorized by the permit shall be subject to the following: (i)All applicable laws, rules, and regulations, including but not limited to the following: (A)Act of October 26, 1972 (P. L. 1017, No. sight distance limitations, and intersections or driveways. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. Permits will not normally be issued for occupancy of or access to any limited access highway. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . Information provided in applications must be accurate. Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. 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. 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. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. 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. Immediately preceding text appears at serial pages (62045) and (62046). (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. 4624. If the applicant does not hold fee title to the property, the applicant shall notify the fee title holder that an application has been submitted. 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)Driveways adjacent to intersections. (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. 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. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. 670-420). (11)Approval by inspector. (3)Shall include five sets of plans, of a quality sufficient for microfilming, detailing the location and pertinent dimensions of both the proposed installation and related highway features. 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. . (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. (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. (iii)All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 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. (b)General permit inspection fees. 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. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. (4)Permittee responsibilities. (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. Stopping sight distance is influenced by both vertical and horizontal alignment. (f)Miscellaneous fees. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. Highway Occupancy Permit Related Forms. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. 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. 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. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. The proof shall be in the form of a copy of the valid legal document or court order verifying the applicants legal estate or interest in the property. (e)Number of driveways. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. 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. (B)apartments with five units or less. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 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. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. The term includes existing or proposed streets, lanes, alleys, courts, and ways. InspectorThe Departments authorized representative assigned to inspect permit operations. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. (d)Property line clearance. Easily sign the form with your finger. Permit applications: (1)Shall be submitted in person or by mail on a properly completed Department Form M-945A. Please direct comments or questions to. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. (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. 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. (ii)direct additional drainage of surface water onto or into the highway right-of-way or highway facilities in a way which would have a detrimental effect on the highway or highway facilities. (k)Authority to reject application. 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. 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. Materials used in the construction of driveways shall meet the requirements of Form 408.
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