[34 Pa.B. 5355]
[Continued from previous Web Page] (1) If it can reasonably be anticipated that] If the applicant or the Department determines that there [will] may be an increase in the flow rate or flow velocity of water onto the highway or into highway drainage facilities as a result of action [by the applicant] authorized by the permit, or that there [will] may be an increase in the flow rate or flow velocity of water onto [the property of some other person] adjacent properties as a result of [any] action authorized by the permit, a drainage [control plan] impact report shall be submitted with the application. The drainage [control plan shall contain the following:
(i) Source of water.
(ii) Existing flow in cubic feet per second.
(iii) Predicted flow in cubic feet per second.
(iv) Where drainage currently flows.
(v) Where drainage ultimately outlets.
(vi) Hydraulic computations showing effect of additional flow on existing highway drainage system.
(2)] impact report must be prepared consistent with § 441.3b (relating to preparation of a drainage impact report). Issuance of a permit shall be conditioned upon the Department's approval of the drainage [control plan] impact report.
[(h)] (j) Drainage release for other than minimum use driveways. [If it can reasonably be anticipated that] If the applicant or the Department determines that there [will] may be an increase in the flow rate or flow velocity of water onto [the property of some other person] one or more adjacent properties as a result of action[,] authorized by the permit, a drainage release [shall] must be submitted with the application. [Where possible, drainage] Drainage releases--Form [L-15 or CC-15 will] M-947--shall be obtained[,] by and at the expense of the applicant, [from all] and be executed by each adjacent property [owners] owner over whose land [additional] increased drainage [will] flow rate or flow velocity will occur. [All drainage] Drainage releases shall be notarized and recorded, by and at the expense of the applicant, in the County Office of the Recorder of Deeds. If a [drainage] release cannot be obtained from [any] every 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] the applicant shall design either a drainage detention system having a zero increase in flow rate or a drainage retention system.
[(i)] (k) Plans for other than minimum use driveways. The permit application for [all driveways] an access, other than [those classified as] a minimum use [shall] driveway, must include a plan which illustrates, as a minimum, the following, including dimensions where applicable:
(1) Existing and proposed highway pavement, shoulders, ditches, structures, [right-of-way and relevant] rights-of-way, property boundary lines, highway [appurtenances, utilities, and medians] ADT and other highway features which may include medians and auxiliary lanes.
(2) Existing and proposed [building] buildings, including canopies, loading docks, vehicle entrances and exits, and a description of present and proposed use of [building] buildings.
* * * * * (4) Design features of existing and proposed driveways, local roads, curbs, tapers, [acceleration, and deceleration including] pavement markings, and auxiliary lanes. These design features shall include the following:
* * * * * (iii) Driveway grades or profile view of [drive] the access.
* * * * * (vi) [Driveway surface material] Type and thickness of construction materials for the access and [traffic island] materials used in other structures authorized under the permit.
* * * * * (6) Sight distance measurements in each direction from each existing and proposed [driveway] access to the property, corresponding average grades on each approach to each access, and speed limits on each approach to each access.
(7) The [number of vehicles per day] ADT which [are] is expected to utilize each existing and proposed [driveway] access to the property.
(8) Highway appurtenances and utilities at both their existing and proposed locations.
(9) If the property will provide drive-in service, the amount of vehicle storage provided between the service facility and the right-of-way, the number of service operations during peak hours, and the hours and days of operation.
(10) Depiction of adjacent property and other property, including the name of the property owner and the property boundaries, whose structure or access to the State highway may be interfered with or which may suffer consequential damage as a result of the proposed structure, access or work.
(l) Scale and legibility. Plans depicting highway details must have a horizontal scale of 1 inch equal to no more than 50 feet. Plans depicting access details must have a horizontal scale of 1 inch equal to no more than 25 feet. Illegible drawings will not be accepted.
(m) Impact on other property owners.
(1) If it is determined by the applicant or the Department that another property owner's existing structure or access may be interfered with or suffer consequential damage by the proposed structure, access or work authorized by the permit, the applicant, at the expense of the applicant, shall obtain a release executed by each affected property owner in favor of the Department and in a form acceptable to the Department.
(2) If the applicant demonstrates that a release cannot be reasonably obtained from each affected property owner, and includes proof of written notice to each affected property owner of the submission of the application to the Department and of the right to appeal under subsection (v), the Department may agree to accept an indemnification agreement in favor of the Department and in a form acceptable to the Department, if there is no operationally sound alternative available to the applicant.
(3) The Department may require the applicant to provide additional security in a form and amount acceptable to the Department.
(n) Impact on sensitive or unique property. The applicant or the Department shall determine whether construction of an access will be assisted in part by the Commonwealth or whether the permitted work will include construction of an auxiliary lane or other widening of the improved area. The applicant or the Department shall determine whether additional right-of-way will be required from a recreation area, wildlife refuge, waterfowl refuge, historic site, wilderness area, public park, State Forest Land, State Game Land or other environmentally sensitive or unique area. Under section 2002(a)(15) of The Administrative Code of 1929 (71 P. S. § 512(a)(15)) regarding powers and duties of the Department, the access must be planned, designed and constructed to minimize harm to these areas. If any condition in this subsection is applicable, the application must include a written statement certifying that State and Federal environmental requirements have been met. Upon request, the applicant shall also submit documentation, as well as reports and studies, demonstrating that the applicant has no feasible and prudent alternative to the use of these areas for access.
[(j)] (o) Review by [municipalities, planning commissions, and zoning boards] governmental bodies. [Review by municipalities, planning commissions, and zoning boards shall comply with the following:] Application review by governmental bodies, including municipalities and their political subdivisions, may be required for other than minimum use driveways under the following provisions:
(1) [Certain local governing bodies wish to] A governmental body wishing to review driveway applications may submit to the district office a written request for notification of applications filed within their jurisdictions.
(2) A [list] listing of [these municipalities and local agencies] governmental bodies that have submitted a written request for notification of applications filed within their jurisdictions is available [from] for review in the appropriate district office.
(3) [Each] An application for [an access] a low, medium or high volume driveway or local road within one of these listed jurisdictions must [be accompanied by evidence which indicates that the location and type of] include written evidence from the governmental body verifying the access being requested has already been reviewed by that [municipality or agency] governmental body.
(4) The Department will consider [any] written comments [or recommendations resulting from this review] which are consistent with this chapter if received from a governmental body prior to [approving the access] issuance of the permit.
(5) If a governmental body has submitted to the district office a written request for review of a particular application, the application will be returned and the applicant will be notified to provide written evidence to the Department verifying the access being requested has been reviewed by that governmental body.
(6) Additionally, consistent with the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10101--70105), the Department will consider and may rely upon local comprehensive plans and zoning ordinances when reviewing permit applications.
(p) Impact on archeological and historic property. The applicant or the Department shall determine whether the permitted work will include construction of an auxiliary lane or other widening of the improved area or whether additional right-of-way will be required by the Department. If so, the application shall include a copy of the applicant's cover letter to the Pennsylvania Historical and Museum Commission, dated at least 60 days prior to submission of the application, stating whether or not the proposed access location affects an archaeological site or a historic district, site or building listed or eligible to be listed on the National Register of Historic Places, under 75 Pa.C.S. Chapter 5 (relating to Historic Preservation Act) The cover letter shall specifically identify the proposed access location. The applicant shall also provide the Pennsylvania Historical and Museum Commission a United States Geological Survey (USGS) 7.5-minute topographic quadrangle map specifically identifying the property.
[(k)] (q) * * *
[(l) Penalty for falsifying application. Information provided in applications must be accurate. Section 4904 of the Crimes Code, (18 Pa.C.S. § 4904), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true.
(m)] (r) * * *
(s) Traffic impact study.
(1) An application for access to a development must include a traffic impact study consistent with Publication 282 and prepared in accordance with § 441.3a (relating to preparation of a traffic impact study) if one of the following applies:
(i) The access is expected to have an ADT of 3,000 or more.
(ii) During any 1 hour time period, the development is expected to generate either 100 or more new vehicle trips entering the development or 100 or more new vehicle trips exiting the development.
(iii) In the opinion of the Department, the development is expected to have a significant impact on highway safety or traffic flow even though it does not meet subparagraph (i) or (ii).
(2) For purposes of determining the need for a traffic impact study, it should be assumed that the total development will have access at only one location. All vehicle trips expected to be generated by the development based on full build out and occupancy of the entire tract of land available to be developed at that location should be included.
(t) Proof of publication. An application for access to a development subject to subsection (s) must include proof of publication of a notice, in a form acceptable to the Department, in a newspaper of general circulation in the area of the proposed development, advising the general public of the submission of the application to the Department. The proof of publication will be maintained as a public record at the district office.
(u) Accuracy of application. The applicant is responsible for the accuracy of materials submitted to the Department, including the application, plans, sight distance measurements, drawings, studies, reports and correspondence, and the applicant shall certify to the Department, as part of the application, that the materials submitted to the Department are true and correct. Materials submitted to the Department become the property of the Department and may be determined to be public records subject to disclosure under the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1--66.4), known as the Right-to Know Law. Persons are liable for the falsification of materials and are subject to the penalties provided in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(v) Right of appeal. The applicant or other aggrieved person who has a direct interest as a participant in the application may appeal a denial or issuance of a permit by the Department under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and Chapter 491 (relating to administrative practice and procedure), by submitting a written request for a hearing within 30 days after the mailing of the document containing the determination, to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, Harrisburg, Pennsylvania 17120-0041. A filing fee as prescribed under Chapter 491, made payable to the ''Commonwealth of Pennsylvania,'' must accompany each request.
(w) Debarment. The procedures relating to debarment are as follows:
(1) The Department may debar a person, applicant or permittee, including the employees, agents, officers, consultants, contractors, subcontractors, successors and assigns of the foregoing, from placing an access or structure, working within or otherwise occupying State highway right-of-way under permit, directing work, or having involvement in a permit issued or an application submitted under this chapter for one or more of the following:
(i) Failure to design, construct, alter, repair, maintain or use an access or structure in accordance with authorized plan details, permit conditions or this chapter.
(ii) Unsatisfactory past performance, as documented by records, reports or performance ratings.
(iii) Failure to complete permitted work under the permit and this chapter, as documented by records, reports or performance ratings.
(iv) Bribing, attempting to bribe or giving gratuities to a Department employee or a Department consultant.
(v) A reason set forth in § 457.13 (relating to suspension or disqualification).
(2) The first debarment of a person will be for 6 to 18 months. A subsequent debarment of the same person ordered within 5 years after the first debarment is served, will be for 18 months to 3 years.
(3) Individuals may request a list from a district office of persons currently debarred under this subsection.
(4) A person may appeal a final order of the Department under 2 Pa.C.S. §§ 701--704 (relating to judicial review of Commonwealth agency operation), 1 Pa. Code Part II and Chapter 491 within 30 days after issuance of the final order by the Secretary.
(Editor's Note: Sections 441.3a and 441.3b are proposed to be added. They are printed in regular type to enhance readability.)
§ 441.3a. Preparation of a traffic impact study.
(a) General rule. When a traffic impact study is required under § 441.3(s) (relating to permit application procedure), the applicant is responsible for assessing the overall impact that traffic generated by the proposed development would have on the transportation system in the surrounding area.
(1) The applicant is responsible for data collection efforts.
(2) The study must be conducted under the supervision of a person who possesses a professional engineer's license issued by the State Registration Board for Professional Engineers, Land Surveyors and Geologists who shall affix a seal to the study, or may be conducted by other persons authorized by law.
(3) Upon receipt of a traffic impact study, the Department will review the applicant's assessment on whether capacity, safety or other enhancements are needed to mitigate traffic impacts.
(b) Scoping meeting. A preapplication scoping meeting may be held whenever a traffic impact study is required.
(1) The applicant should contact the district office permit manager or designee to schedule a scoping meeting.
(2) Upon request, the district office permit manager or designee will schedule a scoping meeting and will invite appropriate persons, based on information submitted by the applicant.
(3) The applicant should submit scoping meeting information requested by the Department and consistent with Publication 282.
(4) The applicant will receive direction from the Department at the scoping meeting.
(5) Traffic impact study items that may be discussed at the scoping meeting include description of the proposed development and zoning, development schedule and staging, trip generation, study area and type, urban or rural area determination, analysis periods and times, traffic adjustment factors, other projects within the study area, trip distribution and assignment, required traffic counts, capacity and other required analyses, and acceptable methodologies to be used in the study.
(c) Traffic impact study contents and scope. The traffic impact study must contain the following:
(1) Overview. The traffic impact study must identify the existing land use, zoning and transportation facilities at the site and its surrounding area.
(i) The traffic impact study must include a description of the property, indicating its size, general terrain features, highway right-of-way lines, and identify the municipalities and counties within the study area.
(ii) The traffic impact study must identify the roadways that provide access to the site.
(iii) The limits of the study area must be based on sound engineering judgment and an understanding of existing and future traffic conditions at the site and within the surrounding transportation network, and be defined at the scoping meeting.
(iv) The traffic impact study must describe the development including its function, size, and short and long-term growth potential.
(v) The traffic impact study must identify the specific existing and proposed uses of the site as well as the current zoning categories.
(vi) The traffic impact study must include a drawing which shows the development within the site boundaries, including:
(A) Internal traffic circulation pattern.
(B) Existing and proposed parking.
(C) The size, location and type of existing and proposed improvements, buildings and building appurtenances, fuel pumps and drive-through facilities.
(D) Present and proposed building and land uses.
(E) The location and orientation of existing and proposed access points.
(vii) The traffic impact study must describe the proposed development schedule and staging, including the anticipated opening date, the anticipated completion date for each major phase of development and the anticipated full build out completion date.
(viii) The traffic impact study must include a complete description of the existing and proposed land uses and zoning categories within the study area.
(ix) The traffic impact study must include a description of existing roadways, intersections and high volume driveways within the designated study area, including the geometrics, traffic signal permit drawings and improvements planned by government agencies or others.
(2) Existing traffic conditions. The traffic impact study must describe the data collection and analysis efforts, volume studies, capacity and level of service analyses, and other analyses which were completed for the roadways, intersections and high volume driveways within the designated study area, to reflect existing traffic conditions. The applicant or the Department shall determine the location, time periods and methodologies to be used for data collection, studies and analyses, consistent with Publication 282.
(i) The traffic impact study must include figures or schematic drawings, in a form acceptable to the Department and consistent with Publication 282, depicting daily and peak hour traffic volumes within the study area.
(A) Turning movement and mainline volumes must be provided for the roadway a.m., roadway p.m. and site-generated peak hour conditions, or as otherwise directed by the Department after consultation with the applicant.
(B) ADT volumes must be provided for the mainline roadway.
(C) Other daily and peak hour volumes may be required by the Department after consultation with the applicant.
(ii) The traffic impact study must provide an assessment of the relative balance between traffic volumes and capacity within the study area for existing conditions during the appropriate peak hours, using techniques acceptable to the Department and consistent with Publication 282. Based on the capacity analysis results, the study shall determine the current levels of service. The study must also describe the typical operating conditions at each level of service.
(iii) The traffic impact must evaluate the effectiveness of existing signal controls within the study area in terms of vehicle stops and delays, using techniques acceptable to the Department and consistent with Publication 282.
(iv) If directed by the Department, the traffic impact study must include turning lane and queue length studies within the study area, using techniques acceptable to the Department and consistent with Publication 282, to:
(A) Determine the need for auxiliary lanes and the required auxiliary lane lengths.
(B) Evaluate alternative access locations at various distances from controlled intersections.
(v) If directed by the Department, the traffic impact study must include gap studies within the study area, using techniques acceptable to the Department and consistent with Publication 282, to evaluate existing or proposed access locations where there is a heavy volume of traffic on the abutting major route, or a significant volume of left turns is expected from the site, or the exit would not be expected to qualify automatically for traffic signal control. Gap studies may identify whether there is a need for signal control or for additional access locations to reduce left turn volumes.
(vi) If directed by the Department, the traffic impact study must include sight distance analyses, traffic signal warrant analyses, left-turn traffic signal phasing analyses, analyses of other needed traffic signal phasing or timing modifications, traffic signal corridor or network analyses, crash analyses, weaving analyses, and other studies and analyses within the study area, using techniques acceptable to the Department and consistent with Publication 282.
(3) Future traffic conditions without development. The traffic impact study must describe the ability of the roadway network within the study area to accommodate future traffic without the development, for the ensuing 10 years beyond the opening date of the development, and other time periods as directed by the Department and consistent with Publication 282.
(i) The traffic impact study must indicate the method and assumptions used to predict future traffic volumes, consistent with Publication 282, so that the Department can verify and approve the applicant's calculations. The traffic impact study must use seasonal adjustment factors and annual base traffic growth factors from the Department, the appropriate Metropolitan Planning Organization or Local Development District or other source acceptable to the Department. The traffic impact study must include the additional traffic volumes that are expected for other proposed developments with issued permits within the study area, as directed by the Department. Figures or schematic drawings depicting future traffic volumes must be consistent with paragraph (c)(2)(i), including locations and times.
(ii) The traffic impact study must describe the ability of the existing roadway system within the study area to accommodate future traffic without site development for the appropriate peak hours, using techniques approved by the Department and consistent with Publication 282. If roadway improvements or modifications are programmed by government agencies with approved construction funding, or if improvements or modifications will be constructed by others in conjunction with issued permits, the traffic impact study may include these conditions in the capacity and level of service analyses.
(iii) If directed by the Department, the traffic impact study must include other studies and analyses consistent with paragraphs (2)(iii)--(vi) to determine future traffic conditions without development within the study area.
(4) Future traffic conditions with development. The traffic impact study must describe the adequacy of the roadway network within the study area to accommodate future traffic for the ensuing 10 years beyond the opening date of the development, and other time periods as directed by the Department and consistent with Publication 282, and as determined at the scoping meeting, where applicable.
(i) The traffic impact study must identify the amount of traffic generated by the site for the daily and appropriate peak hour conditions. The traffic impact study must provide trip generation rates with documentation and justification acceptable to the Department and consistent with Publication 282. The traffic impact study must use sources acceptable to the Department based on surveys of multiple sites with the same land use type and similar size as the proposed development.
(ii) The traffic impact study must identify the direction of approach for site generated traffic for the appropriate time periods. The traffic impact study must identify the method and assumptions used so that the Department can verify and approve the applicant's calculations.
(iii) The traffic impact study must describe the utilization of study area roadways by site generated traffic. The traffic impact study must combine anticipated traffic volumes identified under subparagraph (i) with anticipated traffic volumes identified under paragraph (3)(i) to describe mainline and turning movement volumes for future conditions with development.
(iv) The traffic impact study must include mainline and turning movement volumes for the appropriate time periods for the roadway network in the study area as well as for the development access points and internal circulation roadways that may impact access operations.
(v) The traffic impact study must include a capacity analysis and levels of service in the study area for the appropriate peak hours for future conditions with development, using techniques approved by the Department and consistent with Publication 282.
(vi) If directed by the Department, the traffic impact study must include other studies and analyses consistent with paragraphs (2)(iii)--(vi) to determine future traffic conditions with development within the study area.
(5) Recommended remedies. The traffic impact study must compare the operating levels between anticipated conditions and identify remedies that will provide future design year levels of service with the development which are no worse than future design year levels of service without the development, unless a modification is granted under § 441.11 (relating to modification of conditions) based on future design year conditions with development which are safe and within the range of acceptable operation.
(i) For locations where the level of service of the design year without the development is Level of Service F, the remedies must provide an estimated delay which will be no worse than the delay for the design year without the development.
(ii) If a new intersection is being established to serve as access to the development, the intersection must be designed to operate at Level of Service C or better in the future design year where rural conditions exist and at Level of Service D or better in the future design year where urban conditions exist.
(iii) The traffic impact study must include a description of proposed remedies, arranged by location and type of remedy.
(A) The remedies may include projects programmed by the Commonwealth or governmental bodies.
(B) The remedies may include a proposal to reimburse the Department as part of a programmed Department or municipal project, or to pay, in lieu of construction, the cost of all or a portion of off-site highway improvements which increased traffic arising from the development may necessitate. The Department, in exercise of its engineering judgment, will determine if the proposal is acceptable.
(iv) The traffic impact study must provide details on the location, nature and extent of remedies which will provide sufficient roadway capacity and operating levels within the study area. If signalization is a recommended remedy, the traffic impact study must include a traffic signal warrant analysis in accordance with Chapter 201 (relating to engineering and traffic studies). The final access design must address both traffic flow and highway safety considerations to provide operational characteristics acceptable to both the Department and the municipality that will own the signal.
(v) The traffic impact study must address how the access relates to internal site circulation and design.
(vi) The traffic impact study applicant must include capacity and level of service analyses and describe the anticipated results of the recommended remedies, using techniques approved by the Department and consistent with Publication 282.
(vii) If directed by the Department, the traffic impact study must include other studies and analyses consistent with paragraph (2)(iii)--(vi) to determine the anticipated effectiveness of the remedies.
(6) Summary. The traffic impact study must include a clear, concise description of the study findings acceptable to the Department and consistent with Publication 282. Plans for the development must include recommended remedies which will provide future design year levels of service with the development consistent with the requirements of paragraph (5).
§ 441.3b. Preparation of a drainage impact report.
(a) General rule. When a drainage impact report is required under § 441.3(i) (relating to permit application procedure), the applicant is responsible for assessing the overall effect of drainage flow rate and flow velocity associated with the proposed development.
(1) The applicant is responsible for data collection efforts.
(2) The report must be conducted under the supervision of a person who possesses a professional engineer's license issued by the State Registration Board for Professional Engineers, Land Surveyors and Geologists who shall affix a seal to the report, or may be conducted by other persons authorized by law.
(3) Upon receipt of a completed report, the Department will review the applicant's assessment on whether drainage system enhancements are needed to mitigate drainage impacts.
(b) Drainage impact report contents. The drainage impact report must contain the following:
(1) Cover sheet and plans. The drainage impact report must include a cover sheet and plans stating the name and principal address of the property owner, the type and purpose of the development and other pertinent information. Plans must include the plan scale, the plan contour interval, the source of the information and the date of information.
(2) Contour plans. The drainage impact report must include contour plans identifying the total drainage area in which the development is located, with both the drainage area and development labeled and outlined. If requested by the Department, the drainage impact report must also include a United States Geological Survey map showing the drainage area affected by the development.
(3) Highway plans. The drainage impact report must include a field verified location map and highway plans identifying the drainage system into which the drainage area containing the development will drain.
(4) Existing conditions. The drainage impact report must include a plan identifying the land use for the drainage area before development, showing where existing drainage currently flows including surface and subsurface drainage systems with contributing areas clearly outlined and identified.
(i) The plan must identify elevations with 2-foot interval contours within the proposed development area of the site.
(ii) The plan must identify relevant existing features and their locations including pavements, medians, structures, highway appurtenances, bridge locations and elevations, flow line inverts, guide points, gradients, utilities, right-of-way lines, property lines and buildings.
(iii) The drainage impact report must include aerial or other photographs if requested by the Department.
(5) Future conditions. The drainage impact report must include a plan identifying the site drainage area after each development phase, and identify existing structures and features which will remain after each development phase.
(i) The plan must identify where the proposed structures and features will be located, including proposed surface and subsurface drainage systems.
(ii) The plan must identify elevations with 2-foot interval contours within the proposed development area of the site and outline and identify contributing areas.
(6) Hydraulic computations. The drainage impact report must include hydraulic computations identifying the effects of additional drainage flow rate and flow velocity on both the highway drainage within the right-of-way affected by the development and the drainage outside the right-of-way that is affected by the development.
(i) The computations must identify both predevelopment and postdevelopment conditions and specify the change in runoff.
(ii) The computations must identify whether the available capacity of the highway drainage system will be adequate as a result of the development and whether there will be an increase in the flow rate or flow velocity from the developed property after the installation of proposed stormwater detention systems.
(iii) The hydraulic computations relating to the highway drainage and any concentrated flows within the right-of-way must be developed consistent with the procedures and criteria in Design Manual, Part 2, and pertinent policy directives.
(iv) The hydraulic computations relating to the drainage outside the right-of-way must be developed in accordance with procedures and criteria acceptable to the Commonwealth or governmental bodies.
(7) Recommended remedies. If the analysis indicates that the available capacity of the highway drainage system will not be adequate due to an increase in the flow rate or flow velocity, or that there will be an increase in the flow rate or flow velocity from the developed property, the drainage impact report must include a description of proposed actions which will remedy the identified deficiencies, including hydraulic computations, arranged by location and type of remedy. The remedies may not include projects programmed by the Commonwealth or other governmental bodies.
(8) Storm Water Management Act. If the proposed development is located within an area which has an approved watershed stormwater management plan and ordinances under the Commonwealth's Storm Water Management Act (32 P. S. §§ 680.1--680.17), the drainage impact report must demonstrate that proposed postdevelopment conditions are consistent with the standards of the individual watershed stormwater management plan and include a consistency letter from the affected municipality.
(9) Summary. The drainage impact report must include a clear, concise description of the report findings, and include recommended remedies designed to ensure that post-development flow meets the requirements and standards of the Department.
§ 441.4. Permit fees and costs.
(a) Permit [issuance] application and supplemental fees. [Issuance fees shall be used] The Department will charge a nonrefundable application fee to defray costs incurred by the Department in reviewing and processing the application and [plan] plans, including the preliminary review of the site location identified in the application[, and issuing and processing the permit]. Fees shall be as follows:
(1) [Issuance] Application fees [shall be as follows]:
(i) Minimum use driveways--$[15] 25.
(ii) Low volume driveways--$[30] 250.
(iii) Medium volume driveways--$[40] 500.
(iv) High volume driveways--$[50] 750.
(v) Local roads--$500.
(vi) Temporary access only--$50.
(vii) Auxiliary lanes only--$500.
(viii) Structures only--$50.
(2) [Supplement fee] Supplemental fees:
(i) For each [six] 6-month time extension [or each submitted change shall be]--$[10] 25.
(ii) For each submitted change--50% of application fee.
(b) General permit inspection fees. [General] The Department will charge general permit inspection fees [shall be used] to defray costs incurred by the Department in spot [inspection] inspections of permitted work or subsequent [inspection] inspections after the permitted work has been completed[, to insure] and to monitor compliance with the permit and this chapter[; they shall be]. General permit inspection fees shall be as follows:
(1) Minimum use driveway--$[10]25 each.
(2) Low volume driveway--$[20]250 each.
(3) Medium volume driveway--$[35]250 each.
(4) High volume driveway--$[50]250 each.
(5) Local road--$250 each.
(6) Temporary access--$25 each.
(7) Auxiliary lane--$250 each lane.
(8) Structure--$25 each type.
(c) Exemptions. Permit [issuance] application fees and general permit inspection fees [shall] are not [be payable by any of] required from the following:
* * * * * (2) Political subdivisions of this Commonwealth, as defined in 1 Pa.C.S. § 1991 (relating to definitions).
* * * * * (5) [Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. 337 (10 P. S. §§ 160-1--160-17)] Applications relating either to an existing access that is being eliminated or to a structure that is being eliminated.
(d) Additional [inspection] fees. If the Department anticipates that either the cost of reviewing the required application information or the cost of inspecting the permitted work will exceed by a significant amount the application or inspection fees listed in this section, the following additional fees will be assessed:
(1) Additional application fee. The Department will itemize the additional amount of salary, overhead and expenses and the applicant will be charged for these additional costs.
(2) Additional inspection fees. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more [employes] persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee [shall] will be charged for [all] additional salary, overhead[,] and expenses incurred by the Department for inspection.
(e) Refunds. [The] Upon request, the Department will refund the general permit inspection fees on unused permits. [In order to] To be eligible to receive [such] a refund, the permittee shall deliver the request, in writing, along with the permittee's copy of the permit to the issuing district [permit] office [on or before] within 6 months after the permit [expiration] issuance date.
* * * * * (2) The permit [issuance fee shall] application fees are not [be] refundable [on unused permits].
(f) Miscellaneous fees. 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. 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
(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).] when the Department requires that the permit or other document be recorded in the county office of the Recorder of Deeds.
(g) Invoice of costs. If the Department takes an action under this chapter, the Department will provide an itemized invoice to the permittee or property owner for costs incurred by the Department.
(1) Charge calculation. The Department will calculate the charges on either an actual cost basis or on a standard unit cost basis.
(2) Payment due. The permittee or property owner shall pay the full invoice amount within 30 days after the invoice mailing date unless the permittee or property owner requests an administrative hearing under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and Chapter 491 (relating to administrative practice and procedure) within 30 days after the invoice mailing date.
§ 441.5. Issuance of permits.
(a) General rule. Upon approval of an application [duly made, in accordance with] submitted under this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained [on] in the permit and its attachments and supplements. The permit [will] shall be the applicant's authority [of the applicant] to proceed with the work [and will also serve as a receipt for the fees accompanying the application] specified in the permit. A copy of the permit and relevant plans must be available at the work site for inspection.
* * * * * (d) Permits not issued for [certain] limited access highways. Permits will not [normally] be issued for [occupancy of or] access to [any] a limited access highway. [In exceptional cases, the Department in conjunction with the Federal Highway Administration, where applicable, may make exceptions.] The Department may authorize access to a limited access highway by written agreement, if the applicant submits a written request to the district office, providing information consistent with Design Manual, Part 1.
(e) [Waiver of design requirements. Waiver of design requirements shall be as follows:
(1) If any design requirement set forth in this chapter cannot be met, the director may waive the requirement if the following conditions are satisfied:
(i) no other reasonable access is available;
(ii) the applicant has done all that can reasonably be done to satisfy the design requirements;
(iii) if additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price;
(iv) no traffic problem will be created; and
(v) the applicant executes an indemnity agreement satisfactory to the Commonwealth.
(2) In the case of a temporary access for extracting natural resources for a period of no more than one year, any design requirement set forth in this chapter which cannot be met may be waived by the district engineer, provided conditions (i), (ii), (iii), and (v) of paragraph (1) of this subsection are satisfied.] Display of placard. If furnished with the permit, a placard, Form M-945PL, must be posted at the right-of-way line by the permittee. The placard must be posted approximately 4 feet above the surface and approximately 4 feet from the authorized access location so as to be visible from the roadway. The placard must remain posted until the date specified on the placard.
(f) Permit requiring agreement/security. [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.] Agreement/security requirements are as follows:
(1) The Department may require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit if the work to be performed under the permit:
(i) Is complex or involves a potential for highway damage or failure that the Commonwealth may suffer if the area of the permitted work is not designed, constructed, restored, completed or maintained in a manner acceptable to the Department.
(ii) Involves reimbursement or use of Commonwealth funds by the permittee.
(iii) Involves reimbursement for design expenses, inspection fees or other costs and expenses incurred by the Department in connection with the permit.
(iv) Involves future maintenance obligations of a substantial nature.
(2) If the Department requires an agreement under paragraph (1), the agreement will address highway and access design features, auxiliary lanes, drainage, erosion and sedimentation control plans, construction materials and work methods, inspection of work, work zone traffic control, signalization, utility relocation, right-of-way to be acquired and conveyed or dedicated, responsibility for future maintenance and repair of the highway and access, indemnification and security, coordination and approval with the local municipality, Department and municipal contribution of work or funds if in conjunction with a programmed Department project, access covenants and subdivision questions, permittee's contractor pre-approval, appropriate security, and future highway improvements that may be necessary as well as other areas of interest and concern to the Department.
(3) If the Department requires security under paragraph (1), the security must be delivered to the Department and guarantee the obligations secured for at least 2 years after the acknowledged completion of the permitted work. Security shall be provided in the form of an irrevocable letter of credit issued by a commercial bank, executed by an authorized bank officer and naming the Department as sole beneficiary, to be honored on demand upon presentment at a bank in the Commonwealth, unless another form of security is acceptable to the Department.
(g) [Requesting permit time extension. A permit shall be valid for a six-month] Permit supplements. The permittee may request a supplement to the permit, on Form M-945A, to amend a permit condition. Work under the permit is authorized during a 6-month period, or multiples thereof as specified on the permit[.], subject to the following conditions:
(1) If the permittee has not completed [all] authorized work by the completion date specified on the permit, [an application shall] a request may be submitted [requesting] to the Department for a time extension to complete work under the permit.
(2) If approved, a supplement to the permit authorizing a new work completion date [may] will be issued by the district office[, authorizing work to continue for an additional six-month period].
(3) An extension of time to complete work under the permit will not be authorized unless the permittee obtains an extension on the duration of security or insurance required under this chapter. The extension of security or insurance must correspond with the permit time extension. The permittee shall provide evidence of the extension to the Department.
(4) Work may not be performed after the date authorized by the permit unless a time extension supplement or new permit is obtained.
(5) A time extension supplement will not be issued for a request received more than 60 days after the date by which work under the permit is to be completed. In that event, an application for a new permit may be submitted to the Department in accordance with this chapter.
(h) Work completion notification. When [all] permitted work has been completed in accordance with this chapter, the permit, and the plans, the [self-addressed post card (Form M-945G) which accompanies the permit] permittee shall [be mailed to] provide written notification to the [district office] Department.
(i) [Permanent permit microfilm record. The permit, together with plans, relevant correspondence, and any supplements issued, will be microfilmed, and the microfilm record will be retained in the central permit office.] Temporary access permits. The Department may authorize, by permit, the temporary occupancy of highway right-of-way by an access. Applicants may request a temporary permit to accommodate access for a day or more (for example, a single event such as a fair), or for a season (for example, a construction project), or for a year (for example, extracting natural resources such as timber from private property). The Department may allow coarse aggregate material to be placed on a temporary access surface in lieu of paving, if no material is deposited onto the highway pavement or shoulder and if the temporary access is continuously maintained. Prior to the expiration of a temporary permit, the temporary access shall be removed and the highway shall be restored as directed by the Department.
(j) Photo documentation. At least 15 days prior to opening more than 150 linear feet of pavement or shoulder, or both, the permittee shall deliver photo documentation to the district office verifying the preconstruction condition of the pavement and shoulder surfaces in accordance with the following:
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