The vehicle's height must be measured at 3.50 feet above the proposed driveway surface and highway pavement surface. (ii)Nearest driveway on adjacent properties. (5)Restoration of slopes. 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. (b)Who may apply for a permit. Right-of-wayThe area which has been acquired by the Department for highway purposes. All work authorized by the permit shall be subject to the following: (i)All applicable laws, rules, and regulations, including but not limited to the following: (A)Act of October 26, 1972 (P. L. 1017, No. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. (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. The Department may also make such investigations and require such additional information as it deems necessary. (3)Figures 7, 8, and 9 show two sets of design values. Materials used in the construction of driveways shall meet the requirements of Form 408. EgressThe exit of vehicular traffic from abutting properties to a highway. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. The provisions of this 441.1 amended under section 420 of the State Highway Law (36 P.S. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. (e)Waiver of design requirements. (f)Approaches to driveways. changes effective through 52 Pa.B. (e)Refunds. 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. (vi)Hydraulic computations showing effect of additional flow on existing highway drainage system. IngressThe entrance of vehicular traffic to abutting properties from a highway. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. (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. 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. (f)Miscellaneous fees. (h)Sight distance. Sight distance is adequate to safely allow each . (k)Authority to reject application. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. 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. 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. (iii)Proof that the applicant executed and recorded in the Office of the Recorder of Deeds in the appropriate county or counties, a covenant running with the land providing that all subsequent purchasers, heirs, assigns or transferees of the property take the property subject to the indemnification in subparagraph (ii), unless released by the Department. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (4)Cost. (B)Location of traffic signal heads, poles, controller, and detectors. (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. 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. (3)Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation. (a)General. 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. 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. Stopping sight distance is influenced by both vertical and horizontal alignment. Immediately preceding text appears at serial pages (62045) and (62046). (c)Authority. 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. 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. (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. (f)Site requirements. See Figure 3. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. . 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. (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 provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 8372 (December 31, 2022). 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. (g)Curbing. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Floor | Harrisburg, PA 17120 | 7177876899 | www.dot.state.pa.us . Traveled wayThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. (1)Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property. (iv)Driveway angle relative to the highway. 1986); affirmed 518 A.2d 265 (Pa. 1986). (o)Traffic control devices. See Figure 11 and Figure 12. (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. PersonAn individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. 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. This section cited in 67 Pa. Code 441.6 (relating to general conditions). ft. home is a 5 bed, 4.0 bath property. The provisions of this 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. (5)Lane in front of another property. See Figure 6. (7)Disposition of materials. (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. (3)Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation. (iii)Driveway grades or profile view of drive. Follow the guidance in . (a)General rule. (9)Traffic protection and maintenance. 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. (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. 4624. SidewalkA paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. See Figure 5. 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. 1986); affirmed 518 A.2d 265 (Pa. 1986). The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. See Figure 5. (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. Manual entry; right side distance in feet at which an approaching vehicle can be seen from driveway (See Pub. (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. Form 408The latest revision of highway construction specifications issued by the Department. 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.
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