Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. For PA Turnpike concerns click the link below or call these numbers. PDF PennDOT LTAP technical - Pennsylvania Department of Transportation . A permit shall be valid for a six-month period or multiples thereof as specified on the permit. No statutes or acts will be found at this website. The Hidden Driveway Sign (W11-103) shall be authorized for use to denote the presence of a driveway or alley at which the sight distance is restricted. (iii)The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds. 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. Property line clearanceThe distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. (3)Requests for removal of a median divisor will not be granted without the approval of the director. A shared driveway serving only two dwelling units should be a minimum of 10 feet wide as long as a paved pullover area is provided. V = Velocity of vehicle (miles per hour). 2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane. 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. R Available to PennDOT staff only. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (h)Drainage release for other than minimum use driveways. Permit applications shall be submitted to either the district or county office having jurisdiction over the county in which the proposed work will be performed. (iv)Driveway angle relative to the highway. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. MedianAny structure or area which separates the paved traveled ways for opposing directions of traffic. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. (D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. High volume drivewayA driveway used or expected to be used by more than 1500 vehicles per day. (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. (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. Permit applications shall be submitted prior to the construction of any building which the proposed driveway will serve to assure that the driveway can be constructed in accordance with this chapter. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. (c)Authority. Permits will not be issued for bus stop shelters or phone booths, or for advertising signs, liquid fuel pumps, loading platforms, weight scales, or any structure which the Department deems not proper for occupancy of the right-of-way. 641 Ferne Blvd , Drexel Hill, PA 19026-3110 is a single-family home listed for-sale at $549,900. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway. (iii)Designated employes shall be assigned by the permittee to direct one lane traffic. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. Please refer to PennDOT's highway occupancy permit regulation manuals, which can be obtained from the local District office, for further details. Driveway Sight Distance Measurements . Frontage widthThe distance along the right-of-way line in front of an abutting property. Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (vi)The permittee shall be the only party in interest in any action against the Department before the Board of Claims involving disputes arising from the permit. 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. 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. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. (2)Issuance of a permit shall be conditioned upon the Departments approval of the drainage control plan. (iii)The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down. 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. 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 The term includes existing or proposed streets, lanes, alleys, courts, and ways. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. 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. (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. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. (e)Refunds. 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. (viii)A permit shall be valid only as long as the traffic volume of the driveway does not exceed the approved driveway classification as set forth in 441.8(a) of this title (relating to driveway design requirements). (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. (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. 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. 670-420). (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. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. . 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. (iii)Street, road, highway, or driveways opposite the site. f = Wet friction of pavement (average = 0.30). (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). (ii)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 within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425). (d)Property line clearance. 2005); apeal denied 903 A.2d 539 (Pa. 2006). Permits shall be recorded whenever deemed necessary by the Department, including when: (1)a permit requires drainage facilities to be installed and maintained; (2)a permit authorizes one or more high volume driveways to be constructed; or. SecretaryThe Secretary of the Department. Manual entry; left side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. 1995). 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. Permits will not normally be issued for occupancy of or access to any limited access highway. No part of the information on this site may be reproduced forprofit or sold for profit. 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. This will eliminate the need for depressing the back edge of the sidewalk. (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. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. (6)Altering drainage prohibited. Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. 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; changes effective through 52 Pa.B. c. 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. If sight distance requirements as specified in this Part cannot be met, the Township may: 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. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. 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. Permanent curbingPlain or reinforced cement concrete curb which meets Department standards. 670-420). (c)Specific location restrictions. It shall be extended around the driveway radii to the right-of-way line. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. (5)The fines, imprisonment or other penalties as are provided by law. Please direct comments or questions to. This will enable the driveway slope to stay within the 8.0% slope limit. (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. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. Table 3Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads. 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. 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. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. (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 section cited in 67 Pa. Code 441.6 (relating to general conditions). No statutes or acts will be found at this website. The minimum acceptable sight distance values shall be computed from the following formula: SSSD = Minimum safe stopping sight distance (feet). Table 4Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads. B. (2)Electrically powered devices. (a)General. (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%. 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. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (f)Site requirements. (a)Permit issuance fees. (5)Lane in front of another property. PennDOT has responsibilities to accommodate both HOP Applicants/Permittees and the traveling public.
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