Immediately preceding text appears at serial pages (358426) and (216115) to (216117). 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. Section 4904 of the Crimes Code, (18 Pa. C.S. Requirements for traffic control devices shall be as follows: (1)Nonelectrically powered devices. 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. (i)Grade of access driveway. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic. Information provided in applications must be accurate. This section cited in 67 Pa. Code 441.4 (relating to permit fees). (c)Authority. (ii)The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%. 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. stopping sight distances should be used. 2. . (iv)Driveway angle relative to 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. (b)Additional grounds for revocation. 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. For sidewalks narrower than five feet, the curb will be sloped and the back edge of the sidewalk will be depressed (maximum 1 1/2 inches) to maintain an 8.0% maximum grade on 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. (d)When to submit applications. (f)Permit requiring agreement. (11)Approval by inspector. (vii)Disputes between the permittee and the Department shall be governed by the appropriate provisions in Form 408. Limited access highwayA highway to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department. 4.0 Spacing Follow the guidance in Unless specifically authorized by the permit, the permittee shall not: (i)alter the existing drainage pattern or the existing flow of drainage water; or. b. . (5)Lane in front of another property. Reference Material and Forms - Pennsylvania Department of Transportation This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. Drainage pipe installed under driveways shall be at least 15 inches in diameter. (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. 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. This section cited in 67 Pa. Code 212.5 (relating to installation and maintenance responsibilities). Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. (a)General rule. (3)Figures 7, 8, and 9 show two sets of design values. 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. (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. (3)Requests for removal of a median divisor will not be granted without the approval of the director. This will enable the driveway slope to stay within the 8.0% slope limit. (a)General rule. 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. (14)Insurance. No statutes or acts will be found at this website. See Figure 6. 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. (e)Application procedure and required information. Permit issuance fees and general permit inspection fees shall not be payable by any of the following: (2)Political subdivisions of this Commonwealth. Driveway approaches shall conform to the following standards: (1)The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference to highway traffic. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. (3)Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic. Driveway design requirements. (iii)Driveway grades or profile view of drive. 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. (a)General. 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. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . 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. 67 Pa. Code 441.8 - Driveway design requirements (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 . If the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice. (i)Plans for other than minimum use driveways. 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. (e)Waiver of design requirements. (ii)Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. Please direct comments or questions to. (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. (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). (5)Restoration of slopes. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. (b)Who may apply for a permit. (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. 67 Pa. Code 441.7 - General driveway requirements; 67 Pa. Code 441.7 - General driveway requirements . (15)Damage to highway. These regulations are made pursuant to the State Highway Law (36 P. S. 670-101670-1102), especially section 420 thereof (36 P. S. 670-420). 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. 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. RoadwayThat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. 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. (v)Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway. Table 5Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns. (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.
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