(17)Use of highway prohibited. B. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Department, as set forth in Publication 43 and Publication 90. 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 permit will be the authority of the applicant to proceed with the work and will also serve as a receipt for the fees accompanying the application. (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). (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. 8372 (December 31, 2022). (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. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . General requirements shall be as follows: (1)The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve and the type and character of roadway which it accesses. (iv)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, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. County officeAny of the various maintenance district offices of the Department. Materials used in the construction of driveways shall meet the requirements of Form 408. (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. (g)Curbing. 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? (4)The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. (iv)Relevant property lines and property lines extended to the roadway. 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. E-ZPass Customer Service Center: 877-736-6727. 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. (b)Angle of access driveway approach. (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. See Figure 5. (f)Site requirements. (h)Work completion notification. (ii)Nearest driveway on adjacent properties. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. (11)Approval by inspector. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. 8372 (December 31, 2022). This section cited in 67 Pa. Code 441.6 (relating to general conditions). (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. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. It shall be extended around the driveway radii to the right-of-way line. (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. Please direct comments or questions to. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. Roadway construction standardsDepartment Publication No. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. (e)Waiver of design requirements. 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. (d)Property line clearance. (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. (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. (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. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. In case any dispute arises between the permittee and the Departments inspector, the Departments inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the district office. 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. (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. (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. 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. The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction. Please refer to PennDOT's highway occupancy permit regulation manuals, which can be obtained from the local District office, for further details. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. 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. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. Information provided in applications must be accurate. (i)Permanent permit microfilm record. DepartmentThe Department of Transportation of the Commonwealth. (d)Additional inspection fees. 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. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . (5)Lane in front of another property. (iii)The conditions, restrictions, and provisions of the permit. (4)Cost. The permittee shall fully indemnify and save harmless and defend the Commonwealth, its agents and employes, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employe, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work. stopping sight distances should be used. (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. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. Record the speed of the vehicle at consistent data points along the . 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. 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 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. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. Permits are not required for the placing of newspaper receptacles or mail boxes, although their location is subject to the maintenance requirements of the Department. 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. (a)General rule. Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 Immediately preceding text appears at serial pages (62045) and (62046). Purpose . See Figure 3. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. 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. 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. (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. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. (l)Driveways relative to ramps. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. (2)Electrically powered devices. All driveways and adjacent areas within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance, and drainage of the highway, or the safe and convenient passage of traffic upon the highway. 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. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. (f)Traffic control plan. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . 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. (o)Traffic control devices. (c)Authority. 1392, unless otherwise noted. 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. (h)Sight distance. The term includes proposed streets, lanes, alleys, courts, and ways. (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. 441.8(h)) Embankment removal - sight line profile provided Sight distance . 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. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (3)Paragraphs (1) and (2) of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible. The longitudinal slope of the sidewalk shall not exceed two inches per foot. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. Nothing contained in this chapter is intended to relax existing safety requirements. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). PennDOT Recommended use of AASHTO standards. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. 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 Department may also make such investigations and require such additional information as it deems necessary. See Figure 6. (2)Left turn stand-by lanes. (a)General. (l)Penalty for falsifying application. 1242, the Act . t = Perception time of motorist (average = 2.5 seconds). (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. 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. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. (f)Approaches to driveways. (b)Who may apply for a permit. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. (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. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. EgressThe exit of vehicular traffic from abutting properties to a highway. This will eliminate the need for depressing the back edge of the sidewalk. PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . sight distance limitations, and intersections or driveways. (i)Grade of access driveway. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. (2) . If sight distance requirements as specified in this Part cannot be met, the Township may: (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. (2)Supplement fee each six-month time extension or each submitted change shall be$10. (c)Revocation procedure. (iii)Medium volume driveway, see Figures 9, 11, and 12. (C)Act of October 5, 1978 (P. L. 1104, No. 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. DirectorThe director of the Departments Bureau of Highway Services. The general factors that control the maximum rates of superelevation, as discussed in . Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. The longitudinal grade of the sidewalk shall not exceed two inches per foot. 494-14-06 August 8, 2014 Page 2 . (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. (k)Access driveway pavement. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. This section cited in 67 Pa. Code 441.6 (relating to general conditions). 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. (13)Indemnification. (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. (a)General rule. 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 provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. The 2,865 sq. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (f)Miscellaneous fees. (n)Shoulder upgrading. 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. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. (j)Review by municipalities, planning commissions, and zoning boards. Further work may not commence in the permitted area until the violation has been remedied. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (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. (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. construction safety and health regulations, 39 Fed. (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. Recommend use of PennDOT standards for state highways. Sight distance is adequate to safely allow each . 1986); affirmed 518 A.2d 265 (Pa. 1986). (3)Additional right-of-way for lanes. See Figure 6. 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 crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. 4159. (5)Lane in front of another property. 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. (iii)Medium volume driveway, see Figures 9, 11, and 12. (d)Safety requirements. (ix)The Department, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation, or proper maintenance of any access within State highway right-of-way. (c)Permits not issued for certain structures. (c)Driveways adjacent to intersections. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. 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. 1995). Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. (6)Shall contain proof that the applicant is an owner. 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. 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. 4159. 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. ft. home is a 5 bed, 4.0 bath property. 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. (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. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. 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. (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. 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. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. See Figure 5. 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. (9)Traffic protection and maintenance. 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. (e)Multiple driveways. These regulations are made pursuant to the State Highway Law (36 P. S. 670-101670-1102), especially section 420 thereof (36 P. S. 670-420). (v)Building and business appurtenances on the site. (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. 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. (m)Newspaper or mail receptacles. Highway Occupancy Permit Related Forms. (6)Altering drainage prohibited. 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. (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). The term includes special mobile equipment as defined in the Vehicle Code. (4)Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1. Roadway sight distance right. (iii)an equitable interest in property under a sales agreement or an option to purchase; provided that the estate or other legal or equitable interest in property includes the use requested in the permit. (5)The fines, imprisonment or other penalties as are provided by law. (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. PENNDOT PUB 170 HIGHWAY OCCUPANCY PERMIT (HOP) MANUAL Page 77A (Rev 4-12) PENNDOT Web Site: www.dot.state.pa.us Special Interest Areas Permits Occupancy Permits PENNDOT WAN: Statewide Drive Permits Shared HOP 3.8 -- Miscellaneous Review of Application (7)Disposition of materials. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. R Available to PennDOT staff only. 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. (B)Act of December 10, 1974 (P. L. 852, No. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. "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.