(d)When to submit applications. SecretaryThe Secretary of the Department. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. (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. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. 494-14-06 August 8, 2014 Page 2 . A roadway designed to criteria employs a horizontal and vertical alignment and a cross section that provides at least the minimum stopping sight distance through the entire facility. (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. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (k)Access driveway pavement. It shall be extended around the driveway radii to the right-of-way line. (d)Permits not issued for certain highways. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. 67 Pa. Code 441.8 - Driveway design requirements (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 . 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. (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. Drainage pipe installed under driveways shall be at least 15 inches in diameter. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. 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. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. (iv)High volume driveway, see Figure 10. Further work may not commence in the permitted area until the violation has been remedied. Permittee Required to Obtain All Required Approvals or Permits. 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. changes effective through 52 Pa.B. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. 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. 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. (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 minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). 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. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. 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. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. 2002); appeal denied 814 A.2d 679 (Pa. 2002). 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. 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. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. (3)Governmental authorities organized under the laws of this Commonwealth. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. 3.0 Intersection Sight Distance / Vision Corners . The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . 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. (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. 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. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. (g)Curbing. Purpose . (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. 4.0 Spacing Follow the guidance in Permits will be issued only to the owners of the property. (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. (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. 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. 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. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Department, as set forth in Publication 43 and Publication 90. (3)Shall include five sets of plans, of a quality sufficient for microfilming, detailing the location and pertinent dimensions of both the proposed installation and related highway features. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. The 2,865 sq. 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. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. 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. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. (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. (5)Lane in front of another property. (n)Shoulder upgrading. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. (5)Restoration of slopes. (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. 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. Highway Occupancy Permit Related Forms. B. (4)Cost. 1990). Information provided in applications must be accurate. 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. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 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. . f = Wet friction of pavement (average = 0.30). (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. (d)Additional inspection fees. (b)Other requirements. (c)Driveways adjacent to intersections. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. DirectorThe director of the Departments Bureau of Highway Services. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. (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. PennDOT LTAP technical INFORMATION SHEET #165 s p r i n g / 2 0 1 5 400 North Street, 6th Floor . (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. 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. 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. The term includes proposed streets, lanes, alleys, courts, and ways. DepartmentThe Department of Transportation of the Commonwealth. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. Permit applications shall be submitted prior to the construction of any building which the proposed driveway will serve to assure that the driveway can be constructed in accordance with this chapter. (f)Site requirements. sight distance limitations, and intersections or driveways. The longitudinal slope of the sidewalk shall not exceed two inches per foot. See Figure 3. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. The fact that the Department of Transportation issued a highway occupancy permit for direct access does not preempt the townships ability to abide by its duly enacted ordinance, which contains safety standards stricter than the Departments. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employes to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for all salary, overhead, and expenses incurred by the Department for inspection. (2)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. 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. 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 director may revoke a permit for nonpayment of a fee specified in 441.4 (relating to permit fees) including default of a check submitted for the payment. (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. 1 Measured from a vehicle ten feet back of the pavement edge. 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. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. (D)O.S.H.A. 4624. (e)Number of driveways. Permit applications: (1)Shall be submitted in person or by mail on a properly completed Department Form M-945A. 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. No part of the information on this site may be reproduced for profit or sold for profit. This section cited in 67 Pa. Code 441.6 (relating to general conditions). Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. (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. 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. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. (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. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Roadway sight distance right. See Figure 3. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. measured by for department use only: distance required the maximum length of roadway alon All work authorized by the permit shall be subject to the following: (i)All applicable laws, rules, and regulations, including but not limited to the following: (A)Act of October 26, 1972 (P. L. 1017, No. (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. 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. (m)Newspaper or mail receptacles. 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. No, PennDOT will not cut slopes or vegetation to improve sight distance according to PA Title 67, Chapter 441, because sight distance improvement is the responsibility of the driveway owner. (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. (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. c. V = Velocity of vehicle (miles per hour). InspectorThe Departments authorized representative assigned to inspect permit operations. This will enable the driveway slope to stay within the 8.0% slope limit. The longitudinal grade of the sidewalk shall not exceed two inches per foot. "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. Nothing contained in this chapter is intended to relax existing safety requirements. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. It shall be extended around the driveway radii to the right-of-way line. 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. (2)Additional restrictions. (viii)A permit shall be valid only as long as the traffic volume of the driveway does not exceed the approved driveway classification as set forth in 441.8(a) of this title (relating to driveway design requirements). High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. b. 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. The driveway pavement shall be at least four inches thick within the right-of-way. For grades, follow the general recommendations of PennDOT Design m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. How It Works. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. (f)Site requirements. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. 337 (10 P. S. 160-1160-17). 1995). (b)General location restrictions. The Pennsylvania Code website reflects the Pennsylvania Code 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. 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. ShoulderThe portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements. 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. (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.

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