All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). (iii)The conditions, restrictions, and provisions of the permit. See Figure 6. See Figure 11 and Figure 12. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. (f)Miscellaneous fees. No part of the information on this site may be reproduced for profit or sold for profit. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. This will eliminate the need for depressing the back edge of the sidewalk. 2. . (g)Requesting permit time extension. g = Percent grade of roadway divided by 100. 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. (B)apartments with five units or less. 1242, the Act . (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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. Addi onal sight distance should be provided at decision points. Driveway design requirements. 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. (c)Authority. Drainage pipe installed under driveways shall be at least 15 inches in diameter. 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. stopping sight distances should be used. 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. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. R Available to PennDOT staff only. Driveway Sight Distance Measurements . 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. It is in the public interest to regulate the location, design, construction, maintenance and drainage of access driveways, local roads, and other property within State highway right-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and reasonable access. 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. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. (a)General. (4)Design features of existing and proposed driveways, curbs, tapers, acceleration, and deceleration lanes including the following: (ii)Driveway radii and other points of curvature. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. (17)Use of highway prohibited. (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. (k)Authority to reject application. A. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (3)Revocation of the applicants permit by the Department. 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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. highway and the sight distance (in feet) to the equipment from behind is less . Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (i)Grade of access driveway. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . 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. 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. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. (vi)Where the permittee has the responsibility to restore the highway, including slope or any other appurtenance thereto, under subparagraphs (i)(v), including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit. PlansDrawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage, and other details. (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. See Figure 5. (j)Auxiliary lanes. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. changes effective through 52 Pa.B. EgressThe exit of vehicular traffic from abutting properties to a highway. (6)Shall contain proof that the applicant is an owner. a left turn into a driveway. (2)Electrically powered devices. (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. ft. home is a 5 bed, 4.0 bath property. The Department will refund the general permit inspection fees on unused permits. (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. Review by municipalities, planning commissions, and zoning boards shall comply with the following: (1)Certain local governing bodies wish to review driveway applications within their jurisdictions. (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. (m)Median openings. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. 260) (72 P. S. 4651-14651-10) which provides that the Board of Claims shall have jurisdiction of claims against the Commonwealth arising from contracts. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (3)The driveway will not create a hazard. 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. (c)Driveways adjacent to intersections. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. (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. (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. 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. The term includes special mobile equipment as defined in the Vehicle Code. 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. If at any time it shall be found by the Department that the work is not being done or has not been properly performed, the permittee upon being notified in writing by the Department shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. 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. The term includes existing or proposed streets, lanes, alleys, courts, and ways. 4159. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). (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. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 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. Sight distance is adequate to safely allow each . 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. However, the Department may authorize bus stop shelters or phone booths by written agreement. Although site conditions may not allow strict adherence to the dimensions shown in these illustrations, every effort shall be made to design and construct the safest and most efficient access onto the State highway. 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. (B)Location of traffic signal heads, poles, controller, and detectors. f = Wet friction of pavement (average = 0.30). c. (Ch. (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%. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. Stopping sight distance is influenced by both vertical and horizontal alignment. (5)The fines, imprisonment or other penalties as are provided by law. The location of the pullover area should be based on reasonable sight distance. (a)General. The Pennsylvania Code website reflects the Pennsylvania Code (2) . The driveway pavement shall be at least four inches thick within the right-of-way. (7)Disposition of materials. (15)Damage to highway. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. (f)Permit requiring agreement. 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. 441.2. 337 (10 P. S. 160-1160-17). (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. 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. The general factors that control the maximum rates of superelevation, as discussed in . 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. 3.0 Intersection Sight Distance / Vision Corners . 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. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. 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. (n)Shoulder upgrading. (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. 4624. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. (3)Details of internal traffic circulation, parking, and traffic signs. (v)Building and business appurtenances on the site. (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. It shall be extended around the driveway radii to the right-of-way line. See Figure 5. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. 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. Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. MLS # PADE2042340 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. 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. 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. The driveway pavement shall be at least four inches thick within the right-of-way. 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. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. (5)Restoration of slopes. 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. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. (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. If sight distance requirements as specified in this Part cannot be met, the Township may: 1986); affirmed 518 A.2d 265 (Pa. 1986). (4)The Department will consider any comments or recommendations resulting from this review prior to approving the access permit. Please refer to PennDOT's highway occupancy permit regulation manuals, which can be obtained from the local District office, for further details. (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. (ii)Posted speeds shall be used unless operating speeds vary from the posted speed by more than ten miles per hour, in which case the Department may require that operating speeds be used. (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. 1995). 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. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Sight distance requirements for driveways shall be in accordance with PennDOT regulations, 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," or successor publication. 1 Measured from a vehicle ten feet back of the pavement edge. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. (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. g = Percent grade of roadway divided by 100. 1990). (4)Cost. (e)Refunds. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. (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 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. (e)Application procedure and required information. (iii)Medium volume driveway, see Figures 9, 11, and 12. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. 670-420). (16)Future additional driveways. R Available to PennDOT staff only. 8372 (December 31, 2022). (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. (iv)Relevant property lines and property lines extended to the roadway.
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