All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. Divided highwayA highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier, or clearly indicated dividing section. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. f = Wet friction of pavement (average = 0.30). 2002); appeal denied 814 A.2d 679 (Pa. 2002). Equipment damaging the highway shall conform with the following conditions: (i)To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface, unless otherwise authorized by the permit. Requirements for curbing shall conform with the following: (1)The permit may require the installation of curbing wherever it is required to control access or drainage, or both. PennDOT Recommended use of AASHTO standards. The proof shall be in the form of a copy of the valid legal document or court order verifying the applicants legal estate or interest in the property. (5)Grade requirements where curbs and sidewalks are present. M950S (304) M950S PENNDOT (0304) PENNDOT DRIVEWAY SIGHT DISTANCE MEASUREMENTS (FOR LOCAL ROADS, USE PENNDOT PUB 70) APPLICANT APPLICATION NO. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 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. 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. 8372 (December 31, 2022). Driveway design requirements. (m)Median openings. f = Wet friction of pavement (average = 0.30). The longitudinal grade of the sidewalk shall not exceed two inches per foot. 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. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. Easily sign the form with your finger. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. 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 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. (a)General rule. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. (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. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). (5)Lane in front of another property. 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. 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. . Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. (6)Shall contain proof that the applicant is an owner. (2)The permit issuance fee shall not be refundable on unused permits. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. 8372 (December 31, 2022). (e)Multiple driveways. 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. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. See Figure 6. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). 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. 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. 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. The Hidden Driveway Sign (W11-103) shall be authorized for use to denote the presence of a driveway or alley at which the sight distance is restricted. See Figure 5. Highway Occupancy Permit Related Forms. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. As such, its design must be in accordance with the Departments current standards governing the design of local roads. DepartmentThe Department of Transportation of the Commonwealth. (a)General rule. (a)General. (4)Cost. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. Please direct comments or questions to. 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. The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. Recommend 5-15 foot minimum on local roads. 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. CombinationTwo or more vehicles physically interconnected in tandem. All disturbed portions of the highway, including slopes and all appurtenances and structures such as guard rail or drain pipes, shall be restored by the permittee to a condition at least equal to that which existed before the start of any work authorized by the permit. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. (3) The driveway will not create a hazard. 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. (vii)Location of all required traffic control devices. 1 Measured from a vehicle ten feet back of the pavement edge. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. t = Perception time of motorist (average = 2.5 seconds). This will enable the driveway slope to stay within the 8.0% slope limit. (c)Authority. (l)Driveways relative to ramps. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (b)Angle of access driveway approach. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. 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. (ii)In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood, or other suitable protective material having a minimum thickness of four inches. 2. . (iv)Relevant property lines and property lines extended to the roadway. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . (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. (3)an access covenant (Form CC-14) is executed with the permit as specified in paragraph (16) of 441.6 of this title (relating to general conditions). (16)Future additional driveways. (C)Act of October 5, 1978 (P. L. 1104, No. (d)When to submit applications. 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. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. (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. 2005); apeal denied 903 A.2d 539 (Pa. 2006). 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. 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. (j)Review by municipalities, planning commissions, and zoning boards. 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. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . (e)Waiver of design requirements. 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. 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. This section cited in 67 Pa. Code 441.6 (relating to general conditions). Turnpike Customer Assistance Center: 800-331-3414. (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. ft. home is a 5 bed, 4.0 bath property. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (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. Acceleration laneThe portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. (a)General rule. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. 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. (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. 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. (5)Grade requirements where curbs and sidewalks are present. 72 containing the Departments design standards for roadway construction. (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. (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). Here are some mowing tips: . PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. 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. (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. 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. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. (f)Site requirements. 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. (f)Site requirements. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (2)Additional restrictions. 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. 4159. 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. (d)Property line clearance. 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. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. For PA Turnpike concerns click the link below or call these numbers. 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. Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. 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. E-ZPass Customer Service Center: 877-736-6727. 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 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. If sight distance requirements as specified in this Part cannot be met, the Township may: This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. 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. Requirements for curbing shall conform with the following: (1)The permit may require the installation of curbing wherever it is required to control access or drainage, or both. (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. 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. sight distance limitations, and intersections or driveways. View more property details, sales history and Zestimate data on Zillow. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. BRIDLE PATH SIGN (W11-104) The Bridle Path Sign (W11-104) shall be authorized for use along roads where a number of horses normally walk beside or cross the roadway. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. 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. The type of shoulder to be installed will be specified by the permit, in accordance with the volume and type of traffic expected to use the driveway. (13)Indemnification. (3)Details of internal traffic circulation, parking, and traffic signs. Spacing may be a concern if it could affect ISD as shown below. Kudos/Thank You. (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. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). (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.