Driveway Sight Distance Measurements . 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. (iii)Medium volume driveway, see Figures 9, 11, and 12. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittees copy of the permit to the issuing district permit office on or before the permit expiration date. (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. (2)The director may revoke a permit for nonpayment of a fee specified in 441.4 (relating to permit fees) including default of a check submitted for the payment. 2002); appeal denied 814 A.2d 679 (Pa. 2002). The provisions of this 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). 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. See Figure 5. 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. (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. 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? 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. 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. (17)Use of highway prohibited. 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. The general factors that control the maximum rates of superelevation, as discussed in . 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. Improved areaThe area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances. (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. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. 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. This section cited in 67 Pa. Code 441.4 (relating to permit fees). Publication 312 (7-14), Guide for Obtaining Minimum Use Driveway Permits . Chapter (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. Turnpike Customer Assistance Center: 800-331-3414. 8372 (December 31, 2022). This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. (ii)Low volume driveway, see Figure 8. (F)Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter. (2)Confiscation of the applicants permit by a police officer or authorized representative of the Department. 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. (i)Grade of access driveway. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. (3)Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. No statutes or acts will be found at this website. Form 408The latest revision of highway construction specifications issued by the Department. (3)Details of internal traffic circulation, parking, and traffic signs. (e)Number of driveways. (2)Additional restrictions. (g)Drainage control plan for other than minimum use driveways. M950S (304) M950S PENNDOT (0304) PENNDOT DRIVEWAY SIGHT DISTANCE MEASUREMENTS (FOR LOCAL ROADS, USE PENNDOT PUB 70) APPLICANT APPLICATION NO. See Figure 3. (Ch. (g)Curbing. 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. c. 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. Addi onal sight distance should be provided at decision points. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed. Acceleration laneThe portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. Pavement edgeThe edge of the main traveled portion of any highway, exclusive of shoulder. (ii)Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping, and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served. 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. (C)Act of October 5, 1978 (P. L. 1104, No. . (2)A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted. (2) The free movement of normal highway traffic is not impaired. (3)The driveway will not create a hazard. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (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. Driveway widthThe narrowest width of a driveway measured perpendicular to the centerline of the driveway. 4624. The term includes existing or proposed streets, lanes, alleys, courts, and ways. (a)General rule. 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 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. 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. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. 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. (vi)Driveway surface material and traffic island materials. (b)General permit inspection fees. 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 441.8 (relating to driveway design requirements). (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. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. (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. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. The Pennsylvania Code website reflects the Pennsylvania Code
Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. The term includes proposed streets, lanes, alleys, courts, and ways. No part of the information on this site may be reproduced forprofit or sold for profit. (5)Lane in front of another property. 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. (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. (3)Governmental authorities organized under the laws of this Commonwealth. The crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. (h)Work completion notification. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. (3)Revocation of the applicants permit by the Department. (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. The Department will refund the general permit inspection fees on unused permits. 2000d, as implemented by 49 CFR 21 and 23 CFR 230.101 et seq. (a)General rule. 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. 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. 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. (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. changes effective through 52 Pa.B. Where the applicant will be required to perform a substantial amount of work, the Department may require the applicant to execute an agreement as a prerequisite to issuance of the permit. Minimum use drivewayA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. . (iii)Predicted flow in cubic feet per second. Permit applications: (1)Shall be submitted in person or by mail on a properly completed Department Form M-945A. (b)Who may apply for a permit. MLS # PADE2042340 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. 247) (53 P. S. 1611), concerning environmental control measures related to pollution and the preservation of public natural resources. Chapter 3 - Intersections Publication 13M (DM-2) Change #1 - Revised 12/12 3 - 4 D. Superelevation. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (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. 1990). Supplement An amendment to a highway occupancy permit issued on Department Form M-945S. (3)Figures 7, 8, and 9 show two sets of design values. 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. (2)The free movement of normal highway traffic is not impaired. (iii)Medium volume driveway, see Figures 9, 11, and 12. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. (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. (b)General location restrictions. (4)Cost. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Departments invoice. (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. g = Percent grade of roadway divided by 100. 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. (2)The permit issuance fee shall not be refundable on unused permits. 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. 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. (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%. (7)Disposition of materials. District officeAny of the 11 engineering district offices of the Department. sight distance limitations, and intersections or driveways. Immediately preceding text appears at serial pages (62045) and (62046). 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. (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. (5)Grade requirements where curbs and sidewalks are present. Immediately preceding text appears at serial pages (358426) and (216115) to (216117). 3.0 Intersection Sight Distance / Vision Corners . (5)Restoration of slopes. E-ZPass Customer Service Center: 877-736-6727. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. 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. Controlling the direction that has the best sight distance . 670-420). When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408. 4.0 Spacing Follow the guidance in A. 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. (B)Location of traffic signal heads, poles, controller, and detectors. 1995). 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. (B)Act of December 10, 1974 (P. L. 852, No. Materials used in the construction of driveways shall meet the requirements of Form 408. (C)If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. Permits will not be issued to contractors of the property owner nor to any person other than the owner of the property. The pavement cartway used for vehicular traffic was beyond the curb line which separated the highway from pedestrian traffic and was, therefore, the responsibility of the Commonwealth, not the city. InspectorThe Departments authorized representative assigned to inspect permit operations. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings. "Intersection Sight Distance" in Chapter 9 of the 2004 AASHTO Green Book. No statutes or acts will be found at this website. (5)Lane in front of another property. 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. (2)Electrically powered devices. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. high grass can prevent the driver from gauging the potential for con ict at driveways and intersections and limit estimation of curve severity. The applicant shall pay notary and recording costs including the cost of recording the permit in the County Office of the Recorder of Deeds when required, and the cost of all drainage releases. (n)Shoulder upgrading. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. 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. measured by for department use only: distance required the maximum length of roadway alon (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. 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. (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. If sight distance requirements as specified in this Part cannot be met, the Township may: (ii)The access covenant will restrict access to the approved locations regardless of whether the land is later subdivided or conveyed to other persons, or both. (iii)Driveway grades or profile view of drive. (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. 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. 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. 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. (g)Requesting permit time extension. (2)Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. 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; (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. (5)Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. highway and the sight distance (in feet) to the equipment from behind is less . (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. This chapter separates driveways into four classifications, based on the amount of traffic they are expected to serve. (3)The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. (a)Permit issuance fees. 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. Permittee Required to Obtain All Required Approvals or Permits. 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. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. 1991); appeal denied 604 A.2d 251 (Pa. 1992). (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. 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. (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. 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.