(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. (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. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. Private roads and driveways 212.106(d) (4): Truck pulloffs and hazardous grades 212.106(d) (5): Temporary traffic control PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. CombinationTwo or more vehicles physically interconnected in tandem. (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. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. f = Wet friction of pavement (average = 0.30). (n)Shoulder upgrading. Open form follow the instructions. (f)Traffic control plan. Here are some mowing tips: . (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. b. 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. A. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. (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. 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. The driveway pavement shall be at least four inches thick within the right-of-way. (3)Work to conform to Department standards. (a)General rule. (5)Grade requirements where curbs and sidewalks are present. The free movement of normal highway traffic is not impaired. 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. (2)Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of vehicular traffic. (3)Figures 7, 8, and 9 show two sets of design values. (C) When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.0-5.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. (j)Review by municipalities, planning commissions, and zoning boards. 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. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. The Department will refund the general permit inspection fees on unused permits. (g)Curbing. 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. (D)O.S.H.A. (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. OwnerA person holding: (ii)an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. No statutes or acts will be found at this website. 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. 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. (10)Restoration. Kudos/Thank You. 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. (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. 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. 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. (a)Permit issuance fees. (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. 1995). (E)42 U.S.C. 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. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. 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. measured by for department use only: distance required the maximum length of roadway alon 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. SEG. Additional grounds for revocation shall be as follows: (1)The Secretary may revoke a permit whenever he determines that the driveway or approaches or their use constitute a hazard to traffic or interferes with the proper use of the highway by the Department or the public. (B)Location of traffic signal heads, poles, controller, and detectors. . (6)Altering drainage prohibited. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. If the permittee fails to restore the improved area properly, the Department will have the authority to do the work at the expense of the permittee. 1242, the Act . 4624. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (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. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. 1991); appeal denied 604 A.2d 251 (Pa. 1992). This section cited in 67 Pa. Code 441.6 (relating to general conditions). (iii)All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses. (k)Access driveway pavement. (9)Traffic protection and maintenance. The location of the pullover area should be based on reasonable sight distance. (4)Cost. 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. 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. 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. (iv)If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure. Roadway construction standardsDepartment Publication No. (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. Multiple driveways serving the same property must be separated by a minimum distance of 15 feet measured along the right-of-way line and 20 feet measured along the shoulder, ditch line, or curb. A violation of this chapter or the permit requirements shall constitute grounds for imposition of any or all of the following penalties: (1)Upon receipt of oral or written notice of a violation from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform further work in the permitted area except to restore the area to a safe condition. Table 2Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads. 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. The Pennsylvania Code website reflects the Pennsylvania Code 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. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. Further work may not commence in the permitted area until the violation has been remedied. Turnpike Website. 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. Spacing may be a concern if it could affect ISD as shown below. Sight Distance (Corner sight distance) The maximum distance that a driver can see objects such as traffic signs, pavement markings and moving objects. No driveway, local road or drainage facility or structure shall be constructed or altered within State highway right-of-way and no drainage facility of the Department may be altered or connected onto without first obtaining a permit from the Department. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. This will enable the driveway slope to stay within the 8.0% slope limit. (2)The location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the municipality, new or relocated detectors, signal heads, controller and the like, for the control of traffic movements from the driveway. 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. 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. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. (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. (Ch. 312). 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. (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. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. Permittee Required to Obtain All Required Approvals or Permits. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. 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. (3)Additional right-of-way for lanes. (5)Grade requirements where curbs and sidewalks are present. If sight distance requirements as specified in this Part cannot be met, the Township may: (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (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. ft. home is a 5 bed, 4.0 bath property. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. 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. (ii)Low volume driveway, see Figure 8. 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. f = Wet friction of pavement (average = 0.30). (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. 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. 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. (iii)Medium volume driveway, see Figures 9, 11, and 12. (C)Act of October 5, 1978 (P. L. 1104, No. Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. The provisions of this 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 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. (B)Act of December 10, 1974 (P. L. 852, No. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. (3)Requests for removal of a median divisor will not be granted without the approval of the director. (1)A refund processing fee of $10 shall be deducted from the general permit inspection fees. Medium volume drivewayA driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. (vii)Location of all required traffic control devices. (7)Disposition of materials. 1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane. (e)Waiver of design requirements. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk.
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