(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. 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. (5)Lane in front of another property. Kudos/Thank You. (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. 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. 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. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . (3)Work to conform to Department standards. 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. 501508 (relating to practice and procedure of Commonwealth agencies). R Available to PennDOT staff only. (4)Cost. 4159. 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. 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. (3)Each application for an access driveway within one of these jurisdictions must be accompanied by evidence which indicates that the location and type of access being requested has been reviewed by that municipality or agency. (2)Left turn stand-by lanes. A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. 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. 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. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. (4)The driveway will not create an area of undue traffic congestion on the highway. 312). f = Wet friction of pavement (average = 0.30). (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. All disturbed portions of the highway, including slopes and all appurtenances and structures such as guard rail or drain pipes, shall be restored by the permittee to a condition at least equal to that which existed before the start of any work authorized by the permit. (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. 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. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. SecretaryThe Secretary of the Department. 22801 (June 24, 1974) and 29 CFR 1926.1 et seq. (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. A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. (e)Application procedure and required information. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. (2)The free movement of normal highway traffic is not impaired. 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. 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. 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. 441.2. 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. (3)Requests for removal of a median divisor will not be granted without the approval of the director. (2)A listing of these municipalities and local agencies is available from the appropriate district office. 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. 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. 4159. Roadway construction standardsDepartment Publication No. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. This section cited in 67 Pa. Code 441.4 (relating to permit fees). 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. An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall be, for the purpose of this chapter, considered a local road and not a driveway regardless of its ownership. The Department may also make such investigations and require such additional information as it deems necessary. (B)apartments with five units or less. Please direct comments or questions to. (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. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns, and current design policy of the Department. CommonwealthThe Commonwealth of Pennsylvania. (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. (g)Curbing. The free movement of normal highway traffic is not impaired. (c)Permits not issued for certain structures. (a)General rule. (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. No statutes or acts will be found at this website. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . 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. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. 312). PennDOT LTAP technical INFORMATION SHEET #165 s p r i n g / 2 0 1 5 400 North Street, 6th Floor . 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. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. (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. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. Local roadEvery public highway other than a State highway. (vi)Driveway surface material and traffic island materials. (ii)Nearest driveway on adjacent properties. (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. The driveway pavement shall be at least four inches thick within the right-of-way. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. 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. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. (9)Traffic protection and maintenance. (6)The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. (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. Permittee Required to Obtain All Required Approvals or Permits. . The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . If sight distance requirements as specified in this Part cannot be met, the Township may: (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. 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. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). (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. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . (2) . . The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. 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. (f)Site requirements. The Department will examine and determine the genuineness, regularity, and legality of every application, and may reject any application if not satisfied of its genuineness, regularity or legality, or the truth of any statement contained in the application. 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. 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). 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. 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. 1995). changes effective through 52 Pa.B. 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. 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. When the distance between multiple driveways is 50 feet or less measured along the shoulder or ditch line, the area between shall be clearly defined by permanent curbing. (2)Electrically powered devices. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. Stopping sight distanceThe distance required by a driver traveling at a . 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. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. (d)Additional inspection fees. 1990). In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, vehicles, service equipment and similar items. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. (f)Site requirements. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. Recommend use of PennDOT standards for state highways. Electrically powered devices shall consist of the following: (i)When power operated devices, including traffic signals, are required for proper traffic control, a traffic signal permit (Form TE 964) shall be obtained in addition to the occupancy permit. Recommend 5-15 foot minimum on local roads. 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. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . (a)General rule. Median openings shall consist of the following: (1)The removal of a portion of median divisor along a divided highway to provide access to and from traffic in both directions will not be permitted unless it is determined that the operating characteristics of the highway system will be improved by such action. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. t = Perception time of motorist (average = 2.5 seconds). 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 SEG. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. (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. Medians must be a minimum of six feet wide to allow for a pedestrian refuge area. The permit, together with plans, relevant correspondence, and any supplements issued, will be microfilmed, and the microfilm record will be retained in the central permit office. As such, its design must be in accordance with the Departments current standards governing the design of local roads. 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. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 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. (e)Multiple driveways. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will . (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. CombinationTwo or more vehicles physically interconnected in tandem. 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; (6)Shall contain proof that the applicant is an owner. (ii)In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood, or other suitable protective material having a minimum thickness of four inches. 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. Allow no more than three dwelling units to gain access to a private driveway. 1392, unless otherwise noted. 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. (E)42 U.S.C. (4)Cost. 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. 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? highway and the sight distance (in feet) to the equipment from behind is less . (l)Driveways relative to ramps. (iii)If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the expense of the permittee. 8372 (December 31, 2022). (7)The number of vehicles per day which are expected to utilize each proposed driveway. (B)If the driveway grade would exceed 8.0%, depress the outer edge of the sidewalk and maintain a maximum sidewalk cross slope of 6.0%. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. (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. Driveway design requirements. Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. (ii)Low volume driveway, see Figure 8. Intermediate islandThe section of right-of-way between driveways from the pavement edge or curb to the property line. (l)Penalty for falsifying application. 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. (3)Figures 7, 8, and 9 show two sets of design values. County officeAny of the various maintenance district offices of the Department. (e)Refunds. 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 . The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). 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. 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. (2)The district office may require the applicant to submit a traffic control plan if it is anticipated that a potential hazard or interference to vehicular or pedestrian traffic will result from performance of the work.
penndot driveway sight distance