(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. (f)Approaches to driveways. (6)Sight distance in each direction from each proposed driveway. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. View more property details, sales history and Zestimate data on Zillow. (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. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. 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. 4624. (h)Sight distance. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. 501508 (relating to practice and procedure of Commonwealth agencies). PennDOT issues a variety of different Highway Occupancy Permits (HOPs) to property owners, developers, utility companies, municipalities and municipal authorities, and other interested parties who desire access to the state's right-of-way. (f)Site requirements. However, the Department may authorize bus stop shelters or phone booths by written agreement. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 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. The general factors that control the maximum rates of superelevation, as discussed in . A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. (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. 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. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. Local roadEvery public highway other than a State highway. (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. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (f)Traffic control plan. Purpose . 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. (e)Waiver of design requirements. t = Perception time of motorist (average = 2.5 seconds). 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. (2)The location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the municipality, new or relocated detectors, signal heads, controller and the like, for the control of traffic movements from the driveway. 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. FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. County officeAny of the various maintenance district offices of the Department. (4)Shall be accompanied by a check or money order, payable to the Department, in the appropriate amount, as set forth in 441.4 (relating to permit fees). 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. (i)Grade of access driveway. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 1986); affirmed 518 A.2d 265 (Pa. 1986). 670-420). c. (b)General location restrictions. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. 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. 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. 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. (iv)Responsibility for compliance with the terms of the permit cannot be assigned or transferred by the permittee without first obtaining approval from the Department after submitting Form M-948, Assignment of Permit or License. (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. (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. (h)Sight distance. 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. 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. The Department may also make such investigations and require such additional information as it deems necessary. 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. (d)When to submit applications. 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. (4)Cost. 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. 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. g = Percent grade of roadway divided by 100. (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. 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. (2)In the case of a temporary access for extracting natural resources for a period of no more than one year, any design requirement set forth in this chapter which cannot be met may be waived by the district engineer, provided conditions (i), (ii), (iii), and (v) of paragraph (1) of this subsection are satisfied. (o)Traffic control devices. (b)Angle of access driveway approach. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . (iii)If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, and there is no similar failure of the highway 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, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence. Permits will not normally be issued for occupancy of or access to any limited access highway. (i)Permanent permit microfilm record. 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. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (13)Indemnification. 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. (3)Revocation of the applicants permit by the Department. Spacing may be a concern if it could affect ISD as shown below. No statutes or acts will be found at this website. 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. (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. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. (2) The free movement of normal highway traffic is not impaired. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. 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. 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. 8372 (December 31, 2022). 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. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. The Pennsylvania Code website reflects the Pennsylvania Code The longitudinal slope of the sidewalk shall not exceed two inches per foot. (c)Permits not issued for certain structures. (m)Median openings. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. (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. (B)apartments with five units or less. 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. 4159. (C)Act of October 5, 1978 (P. L. 1104, No. 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. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. (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. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. 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. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (a)General rule. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. (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. 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. (E)42 U.S.C. (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. (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. It shall be extended around the driveway radii to the right-of-way line. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). 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. 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. 1242, the Act . Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. 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. Reg. The location of the pullover area should be based on reasonable sight distance. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. This will enable the driveway slope to stay within the 8.0% slope limit. 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. (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. 441.8(h)) Embankment removal - sight line profile provided Sight distance . 1986); affirmed 518 A.2d 265 (Pa. 1986). (4)Permittee responsibilities. 1995). (4)Cost. 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. Materials used in the construction of driveways shall meet the requirements of Form 408. 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. (2) . (17)Use of highway prohibited. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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.
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