(iii)The permit shall be maintained by the permittee as a permanent record and remain in effect, subject to the permit conditions and this chapter, as long as the driveway or the facility authorized by the permit exists. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . 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. 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. The driveway pavement shall be at least four inches thick within the right-of-way. (h)Sight distance. The Pennsylvania Code website reflects the Pennsylvania Code
(4)Cost. No statutes or acts will be found at this website. (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. (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. changes effective through 52 Pa.B. (g)Drainage control plan for other than minimum use driveways. (n)Shoulder upgrading. (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. (b)General permit inspection fees. (c)Permits not issued for certain structures. (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. 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. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. (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. See Figure 5. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . f = Wet friction of pavement (average = 0.30). 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. 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. (iii)The conditions, restrictions, and provisions of the permit. Local roadEvery public highway other than a State highway. (a)General rule. (m)Newspaper or mail receptacles. 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. (Ch. 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. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. Property line clearanceThe distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. Permits will not normally be issued for occupancy of or access to any limited access highway. (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. (a)General rule. Immediately preceding text appears at serial pages (62045) and (62046). This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). Driveway Sight Distance Measurements . Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. Reg. (3)Figures 7, 8, and 9 show two sets of design values. (iii)Driveway grades or profile view of drive. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Hearing officer committed no abuse of discretion by order approving application for highway occupancy permit upon conditions that permittee pay for traffic signal and driveway access as this was within exercise of power to make reasonable rules and regulations governing the use of highways and flow of traffic thereon. 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. (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. SEG. 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. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. (5)Grade requirements where curbs and sidewalks are present. 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. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. (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. This section cited in 67 Pa. Code 441.4 (relating to permit fees). 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. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. 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. g = Percent grade of roadway divided by 100. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. 2005); apeal denied 903 A.2d 539 (Pa. 2006). 1 Measured from a vehicle ten feet back of the pavement edge. High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. (c)Authority. 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. Sight distance is adequate to safely allow each . 3.0 Intersection Sight Distance / Vision Corners . 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. 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. 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. This will enable the driveway slope to stay within the 8.0% slope limit. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will . Addi onal sight distance should be provided at decision points. (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. 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. (4)Cost. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. 4.0 Spacing Follow the guidance in 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. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. 1991); appeal denied 604 A.2d 251 (Pa. 1992). The Pennsylvania Code website reflects the Pennsylvania Code
(h)Work completion notification. 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. (b)Angle of access driveway approach. (a)General rule. Kudos/Thank You. 8372 (December 31, 2022). construction safety and health regulations, 39 Fed. 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. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (2)The permit issuance fee shall not be refundable on unused permits. Please direct comments or questions to. Stopping sight distance is influenced by both vertical and horizontal alignment. 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. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 However, the Department may authorize bus stop shelters or phone booths by written agreement. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. (3)Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. CommonwealthThe Commonwealth of Pennsylvania. (n)Shoulder upgrading. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. (15)Damage to highway. (e)Refunds. E-ZPass Customer Service Center: 877-736-6727. 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. 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. 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. 1995). 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.
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