(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. Record the speed of the vehicle at consistent data points along the . Materials used in the construction of driveways shall meet the requirements of Form 408. PennDOT: Please refer to the driveway design requirements, sec on 441.8, page 441-25 of the Pennsylvania Code, Title 67, Transporta on, Chapter 441, . 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. (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. If sight distance requirements as specified in this Part cannot be met, the Township may: The State is responsible for maintaining only those vehicular areas on its streets between curb lines. (e)Number of driveways. (vi)Driveway surface material and traffic island materials. 2005); apeal denied 903 A.2d 539 (Pa. 2006). (B)apartments with five units or less. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 The driveway pavement shall be at least four inches thick within the right-of-way. (2)Electrically powered devices. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. The longitudinal grade of the sidewalk shall not exceed two inches per foot. measured by for department use only: distance required the maximum length of roadway alon Where the width of the highway right-of-way is insufficient to permit the construction of a needed auxiliary lane, the permittee shall provide any necessary additional right-of-way. (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. Controlling the direction that has the best sight distance . (3)Figures 7, 8, and 9 show two sets of design values. 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. Learn more 67 Pa. Code 441.8. 4.0 Spacing Follow the guidance in 441.8(h)(2)(iv)) Driveway location maximizes sight distance Justification provided for sight distance values that are less than the safe sight distance values Parked cars obstruct sight line for exiting vehicles? (a)General rule. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. The drainage control plan shall contain the following: (ii)Existing flow in cubic feet per second. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. Form 408The latest revision of highway construction specifications issued by the Department. (3)Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. (3)The driveway will not create a hazard. Spacing may be a concern if it could affect ISD as shown below. The Department will refund the general permit inspection fees on unused permits. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. (iv)All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. The general factors that control the maximum rates of superelevation, as discussed in . 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. changes effective through 52 Pa.B. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (h)Sight distance. (o)Traffic control devices. (a)Permit issuance fees. 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. (6)Shall contain proof that the applicant is an owner. (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. g = Percent grade of roadway divided by 100. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (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. Permits will not normally be issued for occupancy of or access to any limited access highway. 1 Measured from a vehicle ten feet back of the pavement edge. 1995). (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. (f)Traffic control plan. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . (e)Multiple driveways. 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. (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. (b)Additional grounds for revocation. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. (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. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. 1392, unless otherwise noted. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as: (C)service stations and small shopping centers or plazas. 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. No statutes or acts will be found at this website. 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. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. 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. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control (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. 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 . 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. 03-2004 : Title: PennDOT Letterhead Template The location of the pullover area should be based on reasonable sight distance. A. (f)Site requirements. (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. 312). (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. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. 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. 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. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. (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. The term includes special mobile equipment as defined in the Vehicle Code. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. (2)Existing and proposed building, including a description of present and proposed use of building. 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. 441.2. (d)When to submit applications. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. (a)General rule. (m)Median openings. 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. (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. 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. Comments A median is a highly desirable element on roadways carrying four or more lanes since they provide: a storage area for left-turning and U-turning vehicles; a recovery area for out-of-control vehicles; SecretaryThe Secretary of the Department. (ii)Low volume driveway, see Figure 8. Meets 441 minimum safe stopping sight distance (Ch. No part of the information on this site may be reproduced forprofit or sold for profit. All traffic control devices shall be of an approved type. 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. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. Driveway design requirements. 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. 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. (7)The number of vehicles per day which are expected to utilize each proposed driveway. DirectorThe director of the Departments Bureau of Highway Services. (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. 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. (4)Permittee responsibilities. See Figure 5. 8372 (December 31, 2022).
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