(6)Altering drainage prohibited. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. Further work may not commence in the permitted area until the violation has been remedied. (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. General inspection fees shall be used to defray costs incurred by the Department in spot inspection of permitted work or subsequent inspection after the permitted work has been completed, to insure compliance with the permit and this chapter; they shall be as follows: (c)Exemptions. (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. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. (5)Lane in front of another property. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. If the applicant does not hold fee title to the property, the applicant shall notify the fee title holder that an application has been submitted. 3.0 Intersection Sight Distance / Vision Corners . 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. Recommend use of PennDOT standards for state highways. 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. (8)Equipment damaging highway. 1995). 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. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 Joint-use drivewayA driveway shared by and constructed to provide access to two or three properties. (2) . 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. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. Section 4904 of the Crimes Code, (18 Pa. C.S. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. (5)The fines, imprisonment or other penalties as are provided by law. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). If an auxiliary lane must be located in front of property of another person, the applicant shall be required to secure the approval of the other person or indemnify the Commonwealth against any action which the other person may bring against the Commonwealth. (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. stopping sight distances should be used. Chapter (4)Permittee responsibilities. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. (f)Approaches to driveways. (m)Median openings. 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. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (6)Sight distance in each direction from each proposed driveway. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. Record the speed of the vehicle at consistent data points along the . (a)General rule. Turnpike Website. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. "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. See Figure 3. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. (B)apartments with five units or less. 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. (h)Sight distance. However, the Department may authorize bus stop shelters or phone booths by written agreement. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. The Department will refund the general permit inspection fees on unused permits. 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. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. 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. (m)Median openings. Exceptions will be considered only if the enforcement of this subsection would result in the prohibition of reasonable access from the adjacent property to the highway system. (v)Building and business appurtenances on the site. Roadway sight distance right. 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)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. The term includes special mobile equipment as defined in the Vehicle Code. f = Wet friction of pavement (average = 0.30). (d)Property line clearance. (ii)The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Department. 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. 4624. 1995). 1242, the Act . Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. (j)Auxiliary lanes. (a)General rule. (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. 8372 (December 31, 2022). (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. The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. B. Please direct comments or questions to. (iii)Predicted flow in cubic feet per second. (16)Future additional driveways. (2)The permit issuance fee shall not be refundable on unused permits. (n)Shoulder upgrading. 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. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. The applicant shall pay notary and recording costs including the cost of recording the permit in the County Office of the Recorder of Deeds when required, and the cost of all drainage releases. Roadway construction standardsDepartment Publication No. 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. (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. (11)Approval by inspector. (o)Traffic control devices. (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. (a)General rule. (d)When to submit applications. See Figure 3. (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. 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. 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. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). (b)Angle of access driveway approach. The free movement of normal highway traffic is not impaired. (f)Miscellaneous fees. See Figure 11 and Figure 12. PlansDrawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage, and other details. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. (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. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. 670-420). f = Wet friction of pavement (average = 0.30). distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4624. The Pennsylvania Code website reflects the Pennsylvania Code 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. Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittees copy of the permit to the issuing district permit office on or before the permit expiration date. Materials used in the construction of driveways shall meet the requirements of Form 408. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (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. See Figure 6. 1 Measured from a vehicle ten feet back of the pavement edge. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. Waiver of design requirements shall be as follows: (1)If any design requirement set forth in this chapter cannot be met, the director may waive the requirement if the following conditions are satisfied: (i)no other reasonable access is available; (ii)the applicant has done all that can reasonably be done to satisfy the design requirements; (iii)if additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price; (iv)no traffic problem will be created; and. changes effective through 52 Pa.B. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 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. Permits will not normally be issued for occupancy of or access to any limited access highway. (c)Where to submit application. The longitudinal grade of the sidewalk shall not exceed two inches per foot. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. 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. E-ZPass Customer Service Center: 877-736-6727. 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. All drainage releases shall be notarized and recorded, by and at the expense of the applicant, in the County Office of the Recorder of Deeds. (4)Cost. (B)apartments with five units or less. (4)The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter. Permits shall be recorded whenever deemed necessary by the Department, including when: (1)a permit requires drainage facilities to be installed and maintained; (2)a permit authorizes one or more high volume driveways to be constructed; or. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . (g)Curbing. 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. It shall be extended around the driveway radii to the right-of-way line. 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. No statutes or acts will be found at this website. 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. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. (o)Traffic control devices. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (ii)a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control. (3)Work to conform to Department standards. (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. (c)Specific location restrictions. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. DepartmentThe Department of Transportation of the Commonwealth. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. (c)Revocation procedure. (14)Insurance. (iv)Driveway angle relative to the highway. S.R. (ii)Posted speeds shall be used unless operating speeds vary from the posted speed by more than ten miles per hour, in which case the Department may require that operating speeds be used. (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. 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. (3)Requests for removal of a median divisor will not be granted without the approval of the director. 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. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. Although site conditions may not allow strict adherence to the dimensions shown in these illustrations, every effort shall be made to design and construct the safest and most efficient access onto the State highway. No statutes or acts will be found at this website. . A shared driveway serving only two dwelling units should be a minimum of 10 feet wide as long as a paved pullover area is provided. (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. 4159. 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. (B)Location of traffic signal heads, poles, controller, and detectors. 312). (n)Shoulder upgrading. Allow no more than three dwelling units to gain access to a private driveway. For PA Turnpike concerns click the link below or call these numbers. 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.