Thus, the State would have no liability for plaintiffs injuries caused by a fall in a pothole on the crosswalk of the lane. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. Roadway sight distance right. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. EquipmentAll machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work. No statutes or acts will be found at this website. A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as: (B)multi-building apartment or office complexes. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: 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. Learn more 67 Pa. Code 441.8. IngressThe entrance of vehicular traffic to abutting properties from a highway. Table 6Safe Sight Distance for buses and combinations entering driveways by left turns. (10)Restoration. 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. 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. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. (v)Building and business appurtenances on the site. 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. 8372 (December 31, 2022). 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. f = Wet friction of pavement (average = 0.30). This section cited in 67 Pa. Code 441.8 (relating to driveway design requirements). Form 408The latest revision of highway construction specifications issued by the Department. (g)Curbing. (f)Miscellaneous fees. E-ZPass Customer Service Center: 877-736-6727. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4159. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. (i)The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. (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. Kudos/Thank You. (6)Altering drainage prohibited. 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. (m)Newspaper or mail receptacles. (3)Revocation of the applicants permit by the Department. (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. No statutes or acts will be found at this website. 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. (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. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. Further work may not commence in the permitted area until the violation has been remedied. (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. (b)Who may apply for a permit. The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa. B. 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. SEG. . (vi)Driveway surface material and traffic island materials. 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. The 2,865 sq. (e)Number of driveways. The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 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. Specific location restrictions shall include the following: (1)Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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. Property line clearanceThe distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. (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. (iv)High volume driveway, see Figure 10. (e)Multiple driveways. (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. (k)Access driveway pavement. Stopping sight distanceThe distance required by a driver traveling at a . The permit will be the authority of the applicant to proceed with the work and will also serve as a receipt for the fees accompanying the application. (iv)Driveway angle relative to the highway. (3)Work to conform to Department standards. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. Publication 90A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. Immediately preceding text appears at serial pages (62045) and (62046). This section cited in 67 Pa. Code 441.6 (relating to general conditions). (iv)Relevant property lines and property lines extended to the roadway. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. A. (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. In case any dispute arises between the permittee and the Departments inspector, the Departments inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the district office. (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). (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%. (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. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90. 400 North Street | Harrisburg, PA 17120 | 717.787.6899 | www.dot.state.pa.us. 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. 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. 1995). (ii)Low volume driveway, see Figure 8. 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. View more property details, sales history and Zestimate data on Zillow. Follow the guidance in . (5)Restoration of slopes. (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. (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. (b)General location restrictions. (iv)If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Department specifications upon notice from the Department to do so, the Department may perform the work and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Driveway sight distance measurements are also identified as optional for the applicant, because they will be verified or completed by Department personnel. Drainage pipe installed under driveways shall be at least 15 inches in diameter. No part of the information on this site may be reproduced for profit or sold for profit. 441.8(h)) Embankment removal - sight line profile provided Sight distance . (4)The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter. Controlling the direction that has the best sight distance . (iv)All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway. . Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. 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. (B)apartments with five units or less. (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. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. (iv)High volume driveway, see Figure 10. 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. (j)Auxiliary lanes. construction safety and health regulations, 39 Fed. This will eliminate the need for depressing the back edge of the sidewalk. Immediately preceding text appears at serial pages (62045) and (62046). (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. (b)Other requirements. The term includes proposed streets, lanes, alleys, courts, and ways. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. 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. 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. Shoulder lineThe intersection of the shoulder slope with the side slope or ditch slope. 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. See Figure 5. (g)Curbing. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . Driveway Sight Distance Measurements . 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. 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. 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. DRIVEWAY SIGHT DISTANCE (aka Clear sight distance) The minimum distance that a driver of a vehicle, situated at eye level, 3.5 Roadway construction standardsDepartment Publication No.