312). (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). (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. (c)Revocation procedure. (b)Other requirements. (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. The driveway pavement shall be at least four inches thick within the right-of-way. 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. 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. (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. (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. No statutes or acts will be found at this website. (l)Driveways relative to ramps. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. (2)Left turn stand-by lanes. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). 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. (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. 4624. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. 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. Section 4904 of the Crimes Code, (18 Pa. C.S. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. (v)the applicant executes an indemnity agreement satisfactory to the Commonwealth. The driveway pavement shall be at least four inches thick within the right-of-way. 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. (f)Site requirements. 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. 67 Pa. Code 441.8 - Driveway design requirements (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 . Ramps are intended to provide access from one roadway or roadway system to another with a minimum amount of conflict or interference from other traffic. 8372 (December 31, 2022). (h)Drainage release for other than minimum use driveways. This section cited in 67 Pa. Code 441.4 (relating to permit fees). (d)Property line clearance. (7)The number of vehicles per day which are expected to utilize each proposed driveway. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. 670-420). SecretaryThe Secretary of the Department. (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. Allow no more than three dwelling units to gain access to a private driveway. 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. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. DirectorThe director of the Departments Bureau of Highway Services. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. County officeAny of the various maintenance district offices of the Department. g = Percent grade of roadway divided by 100. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. (a)General rule. 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. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. (h)Sight distance. Meets 441 minimum safe stopping sight distance (Ch. (a)Permit issuance fees. 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 permit may require the installation of a left turn stand-by lane to separate and protect left turning vehicles from through traffic if failure to do so would result in an undue hazard to the traveling public. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. 1986); affirmed 518 A.2d 265 (Pa. 1986). However, the Department may authorize bus stop shelters or phone booths by written agreement. In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. See Figure 11 and Figure 12. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. (d)When to submit applications. Deceleration laneThe portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic. (12)Maintenance. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (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. As such, its design must be in accordance with the Departments current standards governing the design of local roads. (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. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. (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. It shall be extended around the driveway radii to the right-of-way line. (iii)The conditions, restrictions, and provisions of the permit. 312). This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (f)Traffic control plan. (g)Drainage control plan for other than minimum use driveways. (a)General. (f)Site requirements. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (3)Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. (4)Cost. The Department may also make such investigations and require such additional information as it deems necessary. (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. (b)Who may apply for a permit. Sight distance requirements for driveways shall be in accordance with PennDOT regulations, 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," or successor publication. 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. District officeAny of the 11 engineering district offices of the Department. Where the applicant will be required to perform a substantial amount of work, the Department may require the applicant to execute an agreement as a prerequisite to issuance of the permit. b. 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. See Figure 3. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. (g)Curbing. 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. Immediately preceding text appears at serial pages (62045) and (62046). Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. 441.2. (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. (5)Grade requirements where curbs and sidewalks are present. Driveway Slope. 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. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. (f)Approaches to driveways. 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. Prior to revocation of a permit except for nonpayment as specified in paragraph (2), the applicant shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). (ii)The permittee shall be responsible for controlling dust conditions created by its operations. (f)Permit requiring agreement. The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. See Figure 3. 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. m-950s (03-04) penndot driveway sight dist' (for local roads, safe-running speed grade sight line applicant seg. (n)Shoulder upgrading. Upon application duly made, in accordance with this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained on the permit and its attachments and supplements. (i)Grade of access driveway. (iv)Driveway angle relative to the highway. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. 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. New liquid fuel pump islands installed in service stations adjacent to the highway shall be located at least 12 feet outside the right-of-way, in order for a driveway permit to be issued. (2)Left turn stand-by lanes. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. (iv)High volume driveway, see Figure 10. . 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. 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. Site requirements shall be as follows: (1)All nonresidential buildings shall be located a sufficient distance from the right-of-way line to provide ample driving area and parking off the right-of-way to prevent storage of vehicles on the access driveways and to prevent the back-up and turning of vehicles on the highway pavement. (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. 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. 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. (b)General permit inspection fees. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality. Kudos/Thank You. (k)Authority to reject application. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. DepartmentThe Department of Transportation of the Commonwealth. Grade of access driveway shall be constructed in the following manner: (1)All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area, or change the drainage of adjacent areas.