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. The pavement cartway used for vehicular traffic was beyond the curb line which separated the highway from pedestrian traffic and was, therefore, the responsibility of the Commonwealth, not the city. (4)The driveway will not create an area of undue traffic congestion on the highway. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. stopping sight distances should be used. In the event the permittee fails to refill the ditch or trench or proceed to completion of the work upon notice from the Department to do so, the Department may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Departments invoice. It shall be extended around the driveway radii to the right-of-way line. (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. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. This will eliminate the need for depressing the back edge of the sidewalk. (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. (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. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. 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. 8372 (December 31, 2022). 8372 (December 31, 2022). See Figure 11 and Figure 12. Driveway design requirements. (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. This section cited in 67 Pa. Code 441.6 (relating to general conditions). (3)Details of internal traffic circulation, parking, and traffic signs. 1991); appeal denied 604 A.2d 251 (Pa. 1992). (B)The applicant provided written notice of the submission of the application to the fee title holder apprising the fee title holder of the administrative rights relative to the permit application under 1 Pa. Code 35.23, 35.24 and 35.2735.32. Driveway Slope. The placement of vehicles measured at the driveway and on the roadway must be consistent with the operation of the driveway and roadway, as illustrated on Form M-950S and consistent with Publication 282. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Chapter (g)Drainage control plan for other than minimum use driveways. (j)Auxiliary lanes. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. Access driveways shall be appropriately surfaced with a stabilized material between the traveled way and the right-of-way line unless a higher type material is specified by the permit. (3)Figures 7, 8, and 9 show two sets of design values. ShoulderThe portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. . (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. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. No part of the information on this site may be reproduced for profit or sold for profit. (2)Existing and proposed building, including a description of present and proposed use of building. The Department may also make such investigations and require such additional information as it deems necessary. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. 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. 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. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. No statutes or acts will be found at this website. (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. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. (5)Grade requirements where curbs and sidewalks are present. (D)O.S.H.A. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. (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. Recommend 5-15 foot minimum on local roads. The longitudinal slope of the sidewalk shall not exceed two inches per foot. 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. No, PennDOT will not cut slopes or vegetation to improve sight distance according to PA Title 67, Chapter 441, because sight distance improvement is the responsibility of the driveway owner. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. 2005); apeal denied 903 A.2d 539 (Pa. 2006). Central Permit OfficeThe office for the control of issuance of permits located at: Harrisburg, Pennsylvania 17120-0041 sight distance limitations, and intersections or driveways. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 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. Review by municipalities, planning commissions, and zoning boards shall comply with the following: (1)Certain local governing bodies wish to review driveway applications within their jurisdictions. 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. (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 driveway pavement shall be at least four inches thick within the right-of-way. Medium volume drivewayA driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. Frontage widthThe distance along the right-of-way line in front of an abutting property. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . Approval by the Departments inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Department of its right to seek performance or restitution by the permittee. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. 1995). (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (2)If the property frontage exceeds 600 feet, the permit may authorize an additional driveway. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. This will enable the driveway slope to stay within the 8.0% slope limit. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (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. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. 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. (2) The free movement of normal highway traffic is not impaired. (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. Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. 2. . This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (4)Design features of existing and proposed driveways, curbs, tapers, acceleration, and deceleration lanes including the following: (ii)Driveway radii and other points of curvature. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. 67 Pa. Code 441.8. 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. Drainage pipe installed under driveways shall be at least 15 inches in diameter. 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. Permits will be issued only to the owners of the property. (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. (B)Location of traffic signal heads, poles, controller, and detectors. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. The Pennsylvania Code website reflects the Pennsylvania Code
(6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. a left turn into a driveway. The State is responsible for maintaining only those vehicular areas on its streets between curb lines. 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. (B)Act of December 10, 1974 (P. L. 852, No. 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. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (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. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . 4624. (a)General rule. Drainage pipe installed under driveways shall be at least 15 inches in diameter. 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. Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. Form 408The latest revision of highway construction specifications issued by the Department. See Figure 5. Stopping sight distance The 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. (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. (B)apartments with five units or less. 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. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. SEG. (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. (iv)Relevant property lines and property lines extended to the roadway. 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. (iii)Predicted flow in cubic feet per second. (f)Site requirements. Where possible, drainage releasesForm L-15 or CC-15will be obtained, by and at the expense of the applicant, from all property owners over whose land additional drainage will flow. g = Percent grade of roadway divided by 100. (d)Permits not issued for certain highways. 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 . 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. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 4624. (iv)The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. Purpose . (l)Driveways relative to ramps. (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. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. 8372 (December 31, 2022). (j)Auxiliary lanes. 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. 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. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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. 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. (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. (vii)Disputes between the permittee and the Department shall be governed by the appropriate provisions in Form 408. 72 containing the Departments design standards for roadway construction. V = Velocity of vehicle (miles per hour). Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will . Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. See Figure 3. 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. (l)Driveways relative to ramps. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. (iv)When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. (n)Shoulder upgrading. The longitudinal grade of the sidewalk shall not exceed two inches per foot. (5)Grade requirements where curbs and sidewalks are present. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. b. 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. 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. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. This will enable the driveway slope to stay within the 8.0% slope limit. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Future additional driveways shall consist of the following: (i)If the Department anticipates that a property may be subdivided and that such subdivision will result in an unacceptable number or arrangement of driveways or both, the Department may require the property owner to enter into an access covenant (Form CC-14) prior to issuance of a permit. 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. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. (iii)Street, road, highway, or driveways opposite the site. 1986); affirmed 518 A.2d 265 (Pa. 1986). (E)42 U.S.C. (8)Equipment damaging highway. (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. 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. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. EgressThe exit of vehicular traffic from abutting properties to a highway. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 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. (j)Review by municipalities, planning commissions, and zoning boards. (iv)Driveway angle relative to the highway. 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. Disposition of materials shall comply with the following: (i)The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit. (4)Shall be accompanied by a check or money order, payable to the Department, in the appropriate amount, as set forth in 441.4 (relating to permit fees). FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements.