Permittee Required to Obtain All Required Approvals or Permits. PDF PennDOT LTAP technical - Pennsylvania Department of Transportation (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. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. CommonwealthThe Commonwealth of Pennsylvania. (C)When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.05.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. (b)General location restrictions. (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. (f)Site requirements. 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. 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. 67 Pa. Code 441.8 - Driveway design requirements (7)Disposition of materials. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. Highway Occupancy Permit Related Forms. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). (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%. Restoration of highway shall include the following: (i)If there is a failure of the highway, including slope or any other appurtenance thereto, in 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 beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration including restoration of the adjacent area if it has also failed. (2)The distance from the edge of pavement of the intersecting highway to the radius of the first permitted driveway shall be a minimum of 20 feet on curbed highways and 30 feet on uncurbed highways. PennDOT Recommended use of AASHTO standards. V = Velocity of vehicle (miles per hour). 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). (C)When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.05.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. 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. (k)Access driveway pavement. The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction. DepartmentThe Department of Transportation of the Commonwealth. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. The Department will refund the general permit inspection fees on unused permits. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. (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. Driveway design requirements. (6)Sight distance in each direction from each proposed driveway. 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. 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. . 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. 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. (5)Grade requirements where curbs and sidewalks are present. (3)Additional right-of-way for lanes. Immediately preceding text appears at serial pages (62045) and (62046). (vi)Driveway surface material and traffic island materials. (9)Traffic protection and maintenance. (d)Property line clearance. (5)Lane in front of another property. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. (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. 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. Comments A median is a highly desirable element on roadways carrying four or more lanes since they provide: a storage area for left-turning and U-turning vehicles; a recovery area for out-of-control vehicles; 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. (ii)Low volume driveway, see Figure 8. (2)The free movement of normal highway traffic is not impaired. This section cited in 67 Pa. Code 441.6 (relating to general conditions). 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. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 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. (b)Angle of access driveway approach. 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. This will eliminate the need for depressing the back edge of the sidewalk. (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. 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. "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. Disposition of materials shall comply with the following: (i)The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. (n)Shoulder upgrading. (iv)If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Department specifications upon notice from the Department to do so, the Department may perform the work and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. PDF The Maximum Length of Roadway Alo Continuously See the Rear of A Driveways - Chester County, Pennsylvania f = Wet friction of pavement (average = 0.30). Immediately preceding text appears at serial pages (358426) and (216115) to (216117). (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. 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. S.R. (1)Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property. (i)Plans for other than minimum use driveways. 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. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. (iv)High volume driveway, see Figure 10. stopping sight distances should be used. Driveway Slope. 21-403. Driveways. - American Legal Publishing Corporation (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. (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. 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. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 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. 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. 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. (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. (vii)Location of all required traffic control devices. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. 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. (12)Maintenance. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. (l)Driveways relative to ramps. County officeAny of the various maintenance district offices of the Department. (b)Angle of access driveway approach. See Figure 3. (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. (iv)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, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure. (g)Curbing. A violation of this chapter or the permit requirements shall constitute grounds for imposition of any or all of the following penalties: (1)Upon receipt of oral or written notice of a violation from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform further work in the permitted area except to restore the area to a safe condition. (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. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (B)Act of December 10, 1974 (P. L. 852, No. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (2)A listing of these municipalities and local agencies is available from the appropriate district office. 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. 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. 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. (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. Create Minimum Use Driveway Screen Fields - Pennsylvania Department of Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. (8)Equipment damaging highway. (2) The free movement of normal highway traffic is not impaired. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (d)Safety requirements. 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)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). b. highway and the sight distance (in feet) to the equipment from behind is less . RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 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. (5)Grade requirements where curbs and sidewalks are present. Turnpike Customer Assistance Center: 800-331-3414. (3)Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. (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. If sight distance requirements as specified in this Part cannot be met, the Township may: FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. Traffic control deviceAny sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both. Multi-modal Handbook - Chesco Planning (d)Property line clearance. Roadway Design Standards - Chester County, Pennsylvania (iii)Proof that the applicant executed and recorded in the Office of the Recorder of Deeds in the appropriate county or counties, a covenant running with the land providing that all subsequent purchasers, heirs, assigns or transferees of the property take the property subject to the indemnification in subparagraph (ii), unless released by the Department. 67 Pa. Code 441.7. General driveway requirements. (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. (13)Indemnification. (c)Permits not issued for certain structures. 8372 (December 31, 2022). Controlling the direction that has the best sight distance . 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 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. (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. (h)Sight distance. Record the speed of the vehicle at consistent data points along the . PDF PennDOT LTAP technical - Pennsylvania Department of Transportation 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. 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. 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. 1990). 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. 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. When all permitted work has been completed, the self-addressed post card (Form M-945G) which accompanies the permit shall be mailed to the district office. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. This will enable the driveway slope to stay within the 8.0% slope limit. Permits will not be issued for bus stop shelters or phone booths, or for advertising signs, liquid fuel pumps, loading platforms, weight scales, or any structure which the Department deems not proper for occupancy of the right-of-way. (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. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. PDF Applicant Checklist For Low, Medium & High Volume Driveways and Local (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. Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. Form 408The latest revision of highway construction specifications issued by the Department. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. AccessA driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. M-950K - Obligation Bond (Driveway) M-950K1 - Blanket Obligation Bond (Driveway) M-950L - Irrevocable Letter of Credit (Driveway) M-950MPC - Land Use Questionnaire (Driveway) M-950R1 - Access Approval Procedure Worksheet and Sample Letter (Driveway) M-950S - Measuring Driveway Sight Distances (Driveway) TR-478A - Report on Compaction Density . 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. PennDOT: Please refer to the driveway design requirements, sec on 441.8, page 441-25 of the Pennsylvania Code, Title 67, Transporta on, Chapter 441, . Learn more 67 Pa. Code 441.8. The driveway pavement shall be at least four inches thick within the right-of-way. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. (f)Site requirements. 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. PDF M-688la (1-19) Highway Vegetation Management Agreement Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. (3)Details of internal traffic circulation, parking, and traffic signs. No statutes or acts will be found at this website. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . 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. 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.
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