(m)Median openings. (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. (15)Damage to highway. General inspection fees shall be used to defray costs incurred by the Department in spot inspection of permitted work or subsequent inspection after the permitted work has been completed, to insure compliance with the permit and this chapter; they shall be as follows: (c)Exemptions. (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. 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. The longitudinal grade of the sidewalk shall not exceed two inches per foot. (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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. The Department may also make such investigations and require such additional information as it deems necessary. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. t = Perception time of motorist (average = 2.5 seconds). District officeAny of the 11 engineering district offices of the Department. Multiple driveways serving the same property must be separated by a minimum distance of 15 feet measured along the right-of-way line and 20 feet measured along the shoulder, ditch line, or curb. (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. (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. (f)Approaches to driveways. Controlling the direction that has the best sight distance . Section 4904 of the Crimes Code, (18 Pa. C.S. 8372 (December 31, 2022). (2) The free movement of normal highway traffic is not impaired. 1392, unless otherwise noted. (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. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. 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. 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. Issuance fees shall be used to defray costs incurred by the Department in reviewing and processing the application and plan, including the preliminary review of the site location identified in the application, and issuing and processing the permit. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (B)Act of December 10, 1974 (P. L. 852, No. 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 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. Immediately preceding text appears at serial pages (358426) and (216115) to (216117). 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. 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. Roadway sight distance right. (h)Drainage release for other than minimum use driveways. (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. (B)Location of traffic signal heads, poles, controller, and detectors. DirectorThe director of the Departments Bureau of Highway Services. 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. . (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. 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. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . The driveway pavement shall be at least four inches thick within the right-of-way. 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. (2)Left turn stand-by lanes. (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. (ii)Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping, and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served. (j)Review by municipalities, planning commissions, and zoning boards. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. (iii)Medium volume driveway, see Figures 9, 11, and 12. 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. (b)Who may apply for a permit. (3)Work to conform to Department standards. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. (8)Equipment damaging highway. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. "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. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Stopping sight distanceThe distance required by a driver traveling at a . (3)an access covenant (Form CC-14) is executed with the permit as specified in paragraph (16) of 441.6 of this title (relating to general conditions). 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. (d)Safety requirements. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. 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. Sight distance is adequate to safely allow each . 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. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. (o)Traffic control devices. The general factors that control the maximum rates of superelevation, as discussed in . The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. 1986); affirmed 518 A.2d 265 (Pa. 1986). (3)Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic. 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. (3)Details of internal traffic circulation, parking, and traffic signs. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Sight distance values less than desirable will be accepted only if it is impossible to achieve the desirable value by locating the driveway at any point within the property frontage boundaries. R Available to PennDOT staff only. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . Further work may not commence in the permitted area until the violation has been remedied. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. (c)Driveways adjacent to intersections. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (4)The Department will consider any comments or recommendations resulting from this review prior to approving the access permit. (ii)Low volume driveway, see Figure 8. The term includes special mobile equipment as defined in the Vehicle Code. (a)General rule. Please direct comments or questions to. 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. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. 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. 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. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (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. (4)Permittee responsibilities. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Spacing may be a concern if it could affect ISD as shown below. Drainage control plan for other than minimum use driveways shall be as follows: (1)If it can reasonably be anticipated that there will be an increase in the flow of water onto the highway or into highway drainage facilities as a result of action by the applicant, or that there will be an increase in the flow of water onto the property of some other person as a result of any action authorized by the permit, a drainage control plan shall be submitted with the application. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (iii)Predicted flow in cubic feet per second. 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. (g)Curbing. 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. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. 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. Specific location restrictions shall include the following: (1)Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. 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. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. c. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. If the permittee fails to restore the improved area properly, the Department will have the authority to do the work at the expense of the permittee. (2)Existing and proposed building, including a description of present and proposed use of building. 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. (2)If the property frontage exceeds 600 feet, the permit may authorize an additional driveway. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. (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)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. 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. Form 408The latest revision of highway construction specifications issued by the Department. (f)Miscellaneous fees. (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. Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . 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. (5)Grade requirements where curbs and sidewalks are present. (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. (o)Traffic control devices. The permit application for all driveways other than those classified as minimum use shall include a plan which illustrates, as a minimum, the following, including dimensions where applicable: (1)Existing highway pavement, ditches, right-of-way and relevant property lines, highway appurtenances, utilities, and medians. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. 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. 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. (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. Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. 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. (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. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. 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. 312). (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. 337 (10 P. S. 160-1160-17). 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. Stopping sight distance is influenced by both vertical and horizontal alignment. Frontage widthThe distance along the right-of-way line in front of an abutting property. (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. 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. 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. 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.
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