(4)Cost. (Ch. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (k)Access driveway pavement. (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. Purpose . (e)Multiple driveways. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. Kudos/Thank You. (j)Auxiliary lanes. (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. For PA Turnpike concerns click the link below or call these numbers. 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. (5)Grade requirements where curbs and sidewalks are present. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. The provisions of this 441.3 amended under section 420 of the State Highway Law (36 P.S. Right-of-wayThe area which has been acquired by the Department for highway purposes. g = Percent grade of roadway divided by 100. Section 4904 of the Crimes Code, (18 Pa. C.S. (5)The fines, imprisonment or other penalties as are provided by law. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. 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)Permittee responsibilities. A permit may not be required for maintenance. If at any time it shall be found by the Department that the work is not being done or has not been properly performed, the permittee upon being notified in writing by the Department shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. 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. Stabilized materialAny aggregate such as aggregate cement, aggregate bituminous or lime pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling. 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. 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. (vii)Location of all required traffic control devices. 8372 (December 31, 2022). (ii)Nearest driveway on adjacent properties. How It Works. (B)Act of December 10, 1974 (P. L. 852, No. (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. The following conditions shall apply to permits issued under the provisions of this chapter: (1)Scope of permit. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. (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. 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. (a)General. (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. 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. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. This section cited in 67 Pa. Code 441.3 (relating to permit application procedure); and 67 Pa. Code 441.10 (relating to penalties and enforcement). Issuance fees shall be used to defray costs incurred by the Department in reviewing and processing the application and plan, including the preliminary review of the site location identified in the application, and issuing and processing the permit. 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. However, the Department may authorize bus stop shelters or phone booths by written agreement. Spacing may be a concern if it could affect ISD as shown below. ft. home is a 5 bed, 4.0 bath property. (3)Figures 7, 8, and 9 show two sets of design values. Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. Materials used in the construction of driveways shall meet the requirements of Form 408. (c)Where to submit application. Addi onal sight distance should be provided at decision points. V = Velocity of vehicle (miles per hour). District officeAny of the 11 engineering district offices of the Department. (3) The driveway will not create a hazard. 1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane. Open form follow the instructions. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. 1986); affirmed 518 A.2d 265 (Pa. 1986). (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. 4159. Traffic control deviceAny sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both. The provisions of this Chapter 441 issued under the State Highway Law (36 P. S. 670-420), unless otherwise noted. construction safety and health regulations, 39 Fed. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (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. 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. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control (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. 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. (4)The driveway will not create an area of undue traffic congestion on the highway. 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. . (n)Shoulder upgrading. (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. Angle of access driveway approach shall include the following: (1)Access driveway approaches used for two-way operation shall be positioned at right angles, that is, 90 degrees, to the highway or as near thereto as site conditions permit, except as authorized in Figure 11. Controlling the direction that has the best sight distance . (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)Additional restrictions. (17)Use of highway prohibited. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. 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. (c)Specific location restrictions. 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. (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. (ii)Low volume driveway, see Figure 8. 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. 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. (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. (g)Curbing. (iii)Medium volume driveway, see Figures 9, 11, and 12. Permits will be issued only to the owners of the property. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. 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. (6)Altering drainage prohibited. 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. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. Property line clearanceThe distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. See Figure 6. MLS # PADE2042340 The Department may require design details which are more stringent than those specified in this chapter to insure the safe and efficient operation of any proposed driveway. This section cited in 67 Pa. Code 441.6 (relating to general conditions). (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. 03-2004 : Title: PennDOT Letterhead Template (a)General rule. 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. 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. (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. (10)Restoration. This section cited in 67 Pa. Code 441.4 (relating to permit fees). (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. (16)Future additional driveways. 2005); apeal denied 903 A.2d 539 (Pa. 2006). (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. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. (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. Nothing contained in this chapter is intended to relax existing safety requirements. (b)Additional grounds for revocation. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. Permit applications shall be submitted in the name of the owner of the property. Low volume drivewayA driveway used or expected to be used by more than 25 but less than 750 vehicles per day. (iii)Predicted flow in cubic feet per second. Recommenda ons Review each situation to determine the impact on the environment of altering roadway grades to meet specific standards. Please refer to PennDOT's highway occupancy permit regulation manuals, which can be obtained from the local District office, for further details. 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. (ii)a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control. f = Wet friction of pavement (average = 0.30). (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. Information provided in applications must be accurate. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. The Pennsylvania Code website reflects the Pennsylvania Code
E-ZPass Customer Service Center: 877-736-6727. 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)Angle of access driveway approach. The longitudinal slope of the sidewalk shall not exceed two inches per foot. All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway. 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. distance required driver of a vehicle intending to make a left turn cle approaching from the opposite direction. changes effective through 52 Pa.B. Learn more 67 Pa. Code 441.8. driveway sight distance measurements (for local roads, use penndot pub 70) the maximum length of roadway along which a driver at a driveway location can continuously see another vehicle approaching on the roadway. 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. 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 Pennsylvania Code website reflects the Pennsylvania Code
(2)If the property frontage exceeds 600 feet, the permit may authorize an additional driveway. 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? (iv)High volume driveway, see Figure 10. No statutes or acts will be found at this website. This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). 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. DepartmentThe Department of Transportation of the Commonwealth. PennDOT LTAP technical INFORMATION SHEET#137 REVIS ED SUMMER/2014 400 North Street, 6th Floor . The permit application for all driveways other than those classified as minimum use shall include a plan which illustrates, as a minimum, the following, including dimensions where applicable: (1)Existing highway pavement, ditches, right-of-way and relevant property lines, highway appurtenances, utilities, and medians. 1995). 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. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. For grades, follow the general recommendations of PennDOT Design (12)Maintenance. (d)Permits not issued for certain highways. (2)Supplement fee each six-month time extension or each submitted change shall be$10. PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. (3)Revocation of the applicants permit by the Department. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. This will enable the driveway slope to stay within the 8.0% slope limit. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. 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. 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. 441.2. (h)Drainage release for other than minimum use driveways. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. IngressThe entrance of vehicular traffic to abutting properties from a highway. See 67 PA Code 441for driveway classifications ba sed on traffic volumes and land use examples. 1 Measured from a vehicle ten feet back of the pavement edge. 337 (10 P. S. 160-1160-17). (c)Authority. A. (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. PennDOT LTAP technical INFORMATION SHEET #134 SUMMER 2007 400 North Street, 6th Floor . Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (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. (2)Existing and proposed building, including a description of present and proposed use of building. highway and the sight distance (in feet) to the equipment from behind is less . It is in the public interest to regulate the location, design, construction, maintenance and drainage of access driveways, local roads, and other property within State highway right-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and reasonable access. (v)Building and business appurtenances on the site. (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. 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. (v)If the permitted work is the proximate cause of damage to the highway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. 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. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 Allow no more than three dwelling units to gain access to a private driveway. 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. Immediately preceding text appears at serial pages (62045) and (62046). The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. The townships requirement that the landowner establish access other than that approved by the Department was affirmed. 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. (15)Damage to highway. (3)Governmental authorities organized under the laws of this Commonwealth. (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%. The free movement of normal highway traffic is not impaired. (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. No part of the information on this site may be reproduced forprofit or sold for profit. No statutes or acts will be found at this website. (iv)Relevant property lines and property lines extended to the roadway. The location of the pullover area should be based on reasonable sight distance. (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. (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. 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. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. A roadway designed to criteria employs a horizontal and vertical alignment and a cross section that provides at least the minimum stopping sight distance through the entire facility. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. Limited access highwayA highway to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department.
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