No statutes or acts will be found at this website. (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. For PA Turnpike concerns click the link below or call these numbers. (h)Sight distance. (4)Permittee responsibilities. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . 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 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. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. District officeAny of the 11 engineering district offices of the Department. 03-2004 : Title: PennDOT Letterhead Template (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. . 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. 1 Measured from a vehicle ten feet back of the pavement edge. 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. 337 (10 P. S. 160-1160-17). 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. HighwayA highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction. (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. (i)Grade of access driveway. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. (d)When to submit applications. See Figure 3. 4624. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (iii)When a planted area exists in front of the sidewalk, one of the following three cases shall apply: (A)When the grass strip between the curb and the sidewalk is wide enough to maintain an 8.0% maximum driveway approach grade, construct the driveway as shown in Figure 2. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. (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. measured by for department use only: distance required the maximum length of roadway alon OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. (m)Median openings. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). 3.0 Intersection Sight Distance / Vision Corners . See Figure 5. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. (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. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. (3)If, in the opinion of the Department, there is a high probability that vehicles would otherwise utilize a portion of the property frontage other than the approved driveway to gain access to the property, the permit may require curbing or other physical barriers to be constructed. The Pennsylvania Code website reflects the Pennsylvania Code Medium volume drivewayA driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. "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. (d)Safety requirements. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. 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. (a)General rule. (l)Penalty for falsifying application. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. (e)Refunds. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. 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. (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. See Figure 5. 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. No statutes or acts will be found at this website. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. (o)Traffic control devices. 4624. (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. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (b)Permit issued only to property owner. See Figure 5. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (a)General rule. (2) The free movement of normal highway traffic is not impaired. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. (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. (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. 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. (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. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. 1995). (l)Driveways relative to ramps. 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. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. Meets 441 minimum safe stopping sight distance (Ch. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Local roadEvery public highway other than a State highway. 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 . Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (5)The fines, imprisonment or other penalties as are provided by law. (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. 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. (f)Permit requiring agreement. Improved areaThe area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances. 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. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Nothing contained in this chapter is intended to relax existing safety requirements. (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. 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. changes effective through 52 Pa.B. (k)Access driveway pavement. If it can reasonably be anticipated that there will be an increase in the flow of water onto the property of some other person as a result of action, authorized by the permit, a drainage release shall be submitted with the application. (vi)Driveway surface material and traffic island materials. (3)Revocation of the applicants permit by the Department. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. (m)Median openings. B. (e)Waiver of design requirements. 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. Learn more 67 Pa. Code 441.8. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. 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. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. No part of the information on this site may be reproduced forprofit or sold for profit. f = Wet friction of pavement (average = 0.30). 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. No statutes or acts will be found at this website. (a)General. (vi)Where the permittee has the responsibility to restore the highway, including slope or any other appurtenance thereto, under subparagraphs (i)(v), including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit. Submission of the traffic control plan shall be as follows: (1)When the applicant anticipates that it will be necessary to close a portion of a lane to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application. See Figure 3. Materials used in the construction of driveways shall meet the requirements of Form 408. 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. (6)Shall contain proof that the applicant is an owner. (b)General permit inspection fees. (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. 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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. 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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. (iii)Medium volume driveway, see Figures 9, 11, and 12. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. (3)The traffic control plan shall be either: (i)A detailed drawing, showing all traffic control devices. Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. Addi onal sight distance should be provided at decision points. The Department will examine and determine the genuineness, regularity, and legality of every application, and may reject any application if not satisfied of its genuineness, regularity or legality, or the truth of any statement contained in the application. (k)Access driveway pavement. (c)Driveways adjacent to intersections. A permit may not be required for maintenance. 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. 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. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Allow no more than three dwelling units to gain access to a private driveway. (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. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. construction safety and health regulations, 39 Fed. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. EquipmentAll machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work. 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. 1392, unless otherwise noted. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control A permit shall be valid for a six-month period or multiples thereof as specified on the permit. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. If the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice. 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. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. 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 free movement of normal highway traffic is not impaired. (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. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. Stopping sight distance is influenced by both vertical and horizontal alignment. 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. Drainage pipe installed under driveways shall be at least 15 inches in diameter. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. (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. (A)When the highway grade in the section to be used for acceleration, after leaving the driveway, ascends at 3.05.0%, the sight distance in the direction of approaching ascending traffic may be increased by a factor of 1.4. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). PennDOT Recommended use of AASHTO standards. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Drainage pipe installed under driveways shall be at least 15 inches in diameter. (a)General rule. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. This will enable the driveway slope to stay within the 8.0% slope limit. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. changes effective through 52 Pa.B. (b)Who may apply for a permit. (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. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. (2)Supplement fee each six-month time extension or each submitted change shall be$10. 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. The driveway pavement shall be at least four inches thick within the right-of-way. (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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. 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. SecretaryThe Secretary of the Department. (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. See Figure 6. (9)Traffic protection and maintenance. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. 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. (3)The driveway will not create a hazard. (g)Drainage control plan for other than minimum use driveways. 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. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Specific location restrictions shall include the following: (1)Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. 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. This section cited in 67 Pa. Code 441.3 (relating to permit application procedure); and 67 Pa. Code 441.10 (relating to penalties and enforcement). g = Percent grade of roadway divided by 100. (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. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. (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. (4)The Department may require the permittee to locate an access driveway directly across from a highway, local road, or access driveway on the opposite side of the roadway if it is judged that offset driveways will not permit left turns to be made safely or that access across the roadway from one access to the other will create a safety hazard. 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. (d)Property line clearance. Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. 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. 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. High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. 1995). 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. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. (6)Altering drainage prohibited. (l)Driveways relative to ramps. 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. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. (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. (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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