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. (j)Review by municipalities, planning commissions, and zoning boards. 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. 1 Measured from a vehicle ten feet back of the pavement edge. Warning Signs | Pennsylvania Highways (2)A listing of these municipalities and local agencies is available from the appropriate district office. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. As such, its design must be in accordance with the Departments current standards governing the design of local roads. The pavement cartway used for vehicular traffic was beyond the curb line which separated the highway from pedestrian traffic and was, therefore, the responsibility of the Commonwealth, not the city. The location of the pullover area should be based on reasonable sight distance. 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. Penndot M 950s Form - Fill and Sign Printable Template Online 21-403. Driveways. - American Legal Publishing Corporation Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. It shall be extended around the driveway radii to the right-of-way line. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 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. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. See Figure 3. (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. R Available to PennDOT staff only. (B)Act of December 10, 1974 (P. L. 852, No. 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. 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. (g)Curbing. (3)Revocation of the applicants permit by the Department. (2)Electrically powered devices. (B)apartments with five units or less. (e)Refunds. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). Signs shall conform to the requirements of Publication 68. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will . 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. (ii)If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence. 2002); appeal denied 814 A.2d 679 (Pa. 2002). (c)Specific location restrictions. 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. Materials used in the construction of driveways shall meet the requirements of Form 408. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Local roadEvery public highway other than a State highway. (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. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (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. (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. PDF Chapter 7 (B)Location of traffic signal heads, poles, controller, and detectors. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. 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). (vii)Location of all required traffic control devices. The Pennsylvania Code website reflects the Pennsylvania Code (iv)High volume driveway, see Figure 10. (4)The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter. (f)Site requirements. 312). This section cited in 67 Pa. Code 441.6 (relating to general conditions). 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. 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. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. PDF technical - Pennsylvania Department of Transportation 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. (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. CommonwealthThe Commonwealth of Pennsylvania. SEG. 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. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . (iii)an equitable interest in property under a sales agreement or an option to purchase; provided that the estate or other legal or equitable interest in property includes the use requested in the permit. No part of the information on this site may be reproduced for profit or sold for profit. Driveway design requirements. 8372 (December 31, 2022). 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. changes effective through 52 Pa.B. 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. (a)General rule. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Driveway design requirements. (16)Future additional driveways. (2)The free movement of normal highway traffic is not impaired. . This will eliminate the need for depressing the back edge of the sidewalk. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. Waiver of design requirements shall be as follows: (1)If any design requirement set forth in this chapter cannot be met, the director may waive the requirement if the following conditions are satisfied: (i)no other reasonable access is available; (ii)the applicant has done all that can reasonably be done to satisfy the design requirements; (iii)if additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price; (iv)no traffic problem will be created; and. (13)Indemnification. (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. (6)Sight distance in each direction from each proposed driveway. (o)Traffic control devices. 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. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. (iv)Relevant property lines and property lines extended to the roadway. 4159. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. All traffic control devices shall be of an approved type. See Figure 5. (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. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Department, as set forth in Publication 43 and Publication 90. All drainage releases shall be notarized and recorded, by and at the expense of the applicant, in the County Office of the Recorder of Deeds. 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. Where the applicant will be required to perform a substantial amount of work, the Department may require the applicant to execute an agreement as a prerequisite to issuance of the permit. (j)Auxiliary lanes. (f)Miscellaneous fees. (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. (h)Drainage release for other than minimum use driveways. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 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 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. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. . (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. When required by the permit, a speed change lane of sufficient length and width shall be constructed to allow vehicles to safely decelerate or accelerate when entering or leaving the property. (d)Property line clearance. PDF M-950s (03-04) Driveway Sight Distance Measurements Penndot (For Local Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (5)The fines, imprisonment or other penalties as are provided by law. (iii)Predicted flow in cubic feet per second. (9)Traffic protection and maintenance. (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. Angle of access driveway approach shall include the following: (1)Access driveway approaches used for two-way operation shall be positioned at right angles, that is, 90 degrees, to the highway or as near thereto as site conditions permit, except as authorized in Figure 11. 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. PDF PennDOT LTAP technical - Pennsylvania Department of Transportation (f)Site requirements. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. 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. 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). (3)Additional right-of-way for lanes. 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. (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. 1986); affirmed 518 A.2d 265 (Pa. 1986). 312). Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. PDF The Maximum Length of Roadway Alo Continuously See the Rear of A Turnpike Customer Assistance Center: 800-331-3414. No statutes or acts will be found at this website. 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. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. New liquid fuel pump islands installed in service stations adjacent to the highway shall be located at least 12 feet outside the right-of-way, in order for a driveway permit to be issued. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. (g)Curbing. (3)If sight distance requirements as specified in this chapter cannot be met, the Department may: (i)prohibit left turns by exiting vehicles; (ii)restrict turning movements to right turns in and out of a driveway; (iii)require installation of a right turn acceleration lane or deceleration lane; (iv)require installation of a separate left turn standby lane; (v)alter the horizontal or vertical geometry of the roadway; or. (b)Additional grounds for revocation. (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. Open form follow the instructions. Section 441.8 - Driveway design requirements, 67 Pa. Code - Casetext The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (2)Left turn stand-by lanes. (c)Authority. 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. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. (5)Restoration of slopes. changes effective through 52 Pa.B. b. 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. (8)Equipment damaging highway. 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 drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. (2)Additional restrictions. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 337 (10 P. S. 160-1160-17). 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. No statutes or acts will be found at this website. (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. (iv)Driveway angle relative to the highway. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. 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. (ii)Low volume driveway, see Figure 8. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. 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. (k)Access driveway pavement. 67 Pa. Code Chapter 441. Access To And Occupancy Of Highways By 441.2. See Figure 3. (c)Driveways adjacent to intersections. (f)Traffic control plan. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. (h)Sight distance. (2)Where property abutting the right-of-way line could be used as parking area, the permit may require curbing, permanent guardrail, or fencing to be constructed along the right-of-way line in order to prohibit vehicle encroachment upon the sidewalk or shoulder area. 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. (f)Approaches to driveways. 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.
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