PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 441]
Access to and Occupancy of Highways by Driveways, Local Roads and Structures
[34 Pa.B. 5355] The Department of Transportation (Department), Bureau of Maintenance and Operations, under section 420 of the State Highway Law (act) (36 P. S. § 670-420), proposes to amend Chapter 441 (relating to access to and occupancy of highways by driveways and local roads) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of Chapter 441 is to regulate the location, design, construction and maintenance of driveways, local roads and structures within State highway right-of-way to provide safe and efficient transportation operations, security, economy of maintenance and preservation of proper drainage while authorizing safe and reasonable access to the highway.
Purpose of the Proposed Rulemaking
The purpose of the proposed rulemaking is to better reconcile the needs of motorists operating in normal highway traffic and motorists entering or leaving State highway right-of-way from adjacent property. Except with respect to limited-access highways, owners of property adjacent to State highways have a right of reasonable access. At the same time, the efficiency and safety of a highway is affected by the amount and type of interference caused by accessing traffic. As the number of access points onto a highway increases, the ability of the highway to provide for the unimpeded and reasonably safe movement of traffic is diminished.
The proposed rulemaking also expands existing regulatory provisions governing when structures, such as a drainage pipe, may be placed within State highway right-of-way. The proposed rulemaking also replaces current desirable sight distance values with minimum sight distance values derived from an updated mathematical formula. The proposed rulemaking also allows applicants to request modifications to certain terms or conditions imposed by Chapter 441 and provides instructions for the preparation of a traffic impact study and a drainage impact report when required under the regulations.
Significant Provisions of the Proposed Rulemaking
Significant amendments to Chapter 441 include the following:
(1) The proposed amendments to § 441.1 (relating to definitions) include a definition of the term ''structure.'' The construction of driveways frequently involves the construction of structures such as sidewalks, curbs, drainage systems and other similar items. The addition of this definition will provide necessary clarification and will promote the consistent regulation of both driveways and associated structures, several of which may be authorized under the same permit.
(2) The proposed amendments to § 441.3 (relating to permit application procedure) will include municipalities authorized to issue permits for the Department under the authority of a municipal permit issuance agreement. These amendments are intended to further implement section 420 of the act, which authorizes the Secretary of Transportation to delegate the authority to issue permits to municipalities who agree to issue permits in compliance with these regulations. Section 441.3 also provides greater detail in delineating the standards and procedures involved in the permit application process. The proposed amendments to this section also provide that a person possessing a valid permit will not be required to obtain an additional permit for maintenance purposes, provided the maintenance does not alter the design of the permitted access or structure or otherwise violate a requirement of the permit or this chapter.
Significant additional amendments to § 441.3 relate to the requirement of a drainage impact report or traffic impact study. The proposed amendments delete the existing six issues to be addressed in the report and direct the applicant to prepare the drainage control report in accordance with the requirements of new § 441.3b (relating to preparation of a drainage impact report). Similarly, the proposed amendments direct that, if a traffic impact study is warranted, the applicant is to prepare the traffic impact study in accordance with the directives in § 441.3a (relating to preparation of a traffic impact study). The traffic impact study must be submitted along with the permit application, but may be submitted before the permit application if the applicant wishes to have a preliminary project ''scoping'' meeting.
Proposed amendments to § 441.3 will also inform permit applicants that they will be held accountable for the truth and accuracy of any and all information submitted to the Department in conjunction with their permit application under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Section 441.3 also delineates the rights of an applicant or other aggrieved person to appeal a Departmental determination consistent with 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law).
Finally, proposed amendments to this section provide that the Department may suspend or prohibit an individual from participating in future permit related activity for a variety of past permit or regulation violations.
(3) Proposed §§ 441.3a and 441.3b add detailed instructions which will assist permit applicants in preparing a standardized and comprehensive analysis of the potential effects of their permitted activities. The information required in traffic impact studies and drainage impact reports will assist the Department in making informed, knowledgeable determinations, based on an understanding of relevant factors associated with the proposed activity.
Both §§ 441.3a and 441.3b begin by informing permit applicants that it is their responsibility to assess impacts on traffic or drainage that would be attributable to their permitted activity. Both sections require detailed information concerning the development site, existing and proposed uses, existing and proposed conditions and recommended remedies and technical information, such as hydraulic computations in the case of a drainage impact report.
(4) The proposed amendment to § 441.4 (relating to permit fees) will provide that fees will be assessable with the application for a permit. The current regulations do not assess a fee unless the permit is issued. Under the proposed amendment, application fees will be retained by the Department regardless of whether the application is approved or denied. The proposed amendment also adjusts the fee schedule, which has been in effect since April 1980, to reflect current processing costs. Even the proposed increased fees will not fully reimburse the Department for its current cost of administering the access permit program. Property owners who are eliminating an existing access or structure are exempt from application and general permit inspection fees. The proposed amendment also provides for additional application and inspection fees should the Department anticipate that the cost of reviewing the application, or of inspecting the permitted work, will exceed the standard fees by a significant amount.
(5) The proposed amendment to § 441.5 (relating to issuance of permits) will delete the existing provisions of subsection (e), relating to waiver of design requirements, in favor of proposed § 441.11 (relating to modification of conditions). The current waiver provisions of § 441.5(e) contain criteria that have proven impractical in day-to-day application. Conditions, such as the requirement in § 441.5(e)(1)(iv) that no traffic problem be created, have proven to be unworkable and an impediment to the maintenance of a balance between the rights of individuals to reasonable access to and from their properties and the right of the public to a safe and efficient highway system. The Department has determined it is unwise to create or continue in the regulation of special exceptions for particular situations. Under the proposed amendment, requests for deviation from the terms and conditions of Chapter 441 should be addressed on a case by case basis.
The proposed amendment to § 441.5 also requires that individuals performing permitted work display a placard, when furnished with the issued permit, in much the same manner as a building permit is required to be displayed by most municipalities. The availability of the information contained on the placard will facilitate further inquiries that a citizen might have regarding the work.
The proposed amendment to § 441.5 also allows for the issuance of temporary permits for activities such as fairs, construction projects, extraction of natural resources or other activities for which the property owner does not need to have permanent access. In these cases, this proposed amendment would allow the Department to permit coarse aggregate material to be placed on a temporary access surface instead of paving, reducing the property owner's costs without inconveniencing the public or adversely affecting the highway infrastructure.
Proposed amendments to § 441.5 require the permittee to furnish photodocumentation of the preconstruction condition of any roadway which will be opened for more than 150 linear feet. Photodocumentation is necessary and desirable to quickly settle disputes between the permittee, its consultants, its contractor and the Department over what roadway restoration will be necessary to return the pavement and shoulders to a condition at least equal to that which existed prior to the start of work.
(6) Proposed amendments to § 441.6 (relating to general conditions) require the permittee to have the Commonwealth added as an additional insured party to the permittee's or its contractor's insurance policies to secure the permittee's indemnification obligation. Further, the proposed amendments to § 441.6(13) make it clear that the permittee's obligations to indemnify the Department and secure insurance are separate from its obligation under § 441.6(15) to restore the highway and obtain restoration security.
(7) Proposed amendments to § 441.8 (relating to driveway design requirements) delete existing desirable sight distance values in Tables 1--6. In practice, these desirable values have often been found to be unattainable. The proposed rulemaking contains an updated mathematical formula, based on the most current standards contained in the American Association of State Highway and Transportation Officials (AASHTO) publication A Policy on Geometric Design of Highways and Streets, Fourth Edition, which will effectively calculate the minimum required sight distances at a proposed driveway. The existing safe stopping sight distance formula incorporates a wet friction of pavement component, with an average value of 0.30, that is no longer used to calculate sight distance in the AASHTO publication. This wet friction component is being eliminated from the proposed formula sight distance in favor of a new deceleration rate component, with a value of 11.2 feet per second squared, divided by the gravitational constant of 32.2 feet per second squared. The proposed rulemaking also supplies the criteria for measuring the actual sight distances at a proposed driveway. Formula sight distances for selected speeds and grades are provided in Table 8-1 of the proposed rulemaking.
Diagrams currently found throughout the text of the regulation have been relocated and renumbered to reflect the section to which they relate. The deletion of diagrams at their current location is indicated with an Editor's Note and the renumbered diagrams appear in Annex A at the end of the appropriate section.
(8) The proposed amendment to § 441.9 (relating to driveway layout illustrations) reflects minor modifications of existing figures and the deletion of Figures 11 and 12. The revised drawings include current design and traffic engineering principles concerning access and also provide information on traffic control signing that would typically be required for each type driveway.
(9) The language of proposed § 441.11 will identify when the Department will issue a permit for a driveway or structure that is not in full conformance with the terms and conditions of Chapter 441. The general rule requires that any request for modification be made in writing. The request must also include satisfactory evidence that the applicant has complied with the requirements of § 441.11(a)(1)--(5). Applicants must provide evidence that they have done all that is reasonably possible in an attempt to comply with the terms and conditions of Chapter 441. They also must show, when appropriate, that there is no other available access to the property. The proposed modification must satisfy the intent of the term or condition to be modified and it must represent the minimum feasible deviation. Mere economic benefit to the applicant is not sufficient to warrant modification.
The sight distance requirements in § 441.8(h) are not subject to this section since the sight distances derived from the formula in § 441.8(h) are the minimum necessary to protect the motoring public. Also, § 441.8(h) already identifies remedies available to applicants when sight distance is insufficient.
A proposed amendment to § 441.11(b) reserves the right of the Department to deny modification of the terms or conditions of Chapter 441. It further requires that the granting of a modification will be predicated on the applicant's complying with any conditions or limitations placed on the permit. Unless excused in writing, the applicant must execute an acceptable indemnification agreement under § 441.6(13) and must obtain satisfactory security which would guarantee highway restoration and maintenance costs under § 441.6(15). The applicant must also obtain public liability insurance, on behalf of the Department, for personal injury or property loss, unless excused.
Section 441.11(c) requires that municipalities issuing permits may grant modifications of the terms and conditions of Chapter 441 only upon the written approval of the district executive for their district. The proposed requirement will help to ensure a consistent application of the determinative criteria associated with the granting or denial of a request for modification. The municipality will also be required to indemnify the Department regarding claims arising through the municipality's negligence in issuing the permit.
Persons and Entities Affected
The proposed rulemaking affects property owners, including municipalities, who propose to create an access to a State highway or to significantly change the design, operation or location of an existing access. The proposed rulemaking also affects persons who propose to occupy a State highway with a structure, such as a drainage facility. The affected persons will be required to submit to the Department an application and plans for a permit which detail the particulars of the proposed occupancy, in accordance with these regulations.
Fiscal Impact
It is estimated that the proposed rulemaking will not increase costs for the Commonwealth or local governments. Permit issuance and inspection fees are being increased, increasing costs to the entities subject to this chapter but are being increased to help offset permit program costs. Issuance fees are being amended to become nonrefundable application fees. Applicants for driveways with higher traffic volumes will continue to incur costs in preparing a traffic impact study, which is the only reliable method of determining the impact of the access on nearby roadways as well as associated improvements, such as additional lanes or signals, that will be necessary to maintain efficient traffic operations. These studies are currently required by the Commonwealth and most municipalities for major developments.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 21, 2004, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
The Department is not establishing a sunset date for this proposed rulemaking since the proposed rulemaking is needed to administer provisions required under section 420 of the act. The Department, however, will continue to closely monitor the proposed rulemaking for its effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Robert M. Peda, Director, Bureau of Maintenance and Operations, Department of Transportation, Commonwealth Keystone Building, 400 North Street, P. O. Box 2047, Harrisburg, PA 17120-0041 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for this proposed rulemaking is Daniel R. Smyser, P. E., Bureau of Maintenance and Operations, Commonwealth Keystone Building, 400 North Street, P. O. Box 8210, Harrisburg, PA 17105-8210, (717) 787-7445.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-378. No fiscal impact; (8) recommends adoption. Permit revenue collected will cover the cost of review and inspection. In case the revenue does not cover the agency's cost, the agency will charge the applicant for the additional cost.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart B. NONVEHICLE CODE PROVISIONS
ARTICLE III. HIGHWAYS
CHAPTER 441. ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS [AND], LOCAL ROADS AND STRUCTURES § 441.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
AASHTO--The American Association of State Highway and Transportation Officials, currently located in Washington, D. C.
ADT--Average daily traffic--The total volume of vehicle trips expected on a highway or access during a specified period of time in whole days--more than 1 day and less than 1 year--divided by the number of whole days in that time period. One vehicle entering and exiting a property constitutes two trips.
* * * * * Access--[A] An existing or proposed driveway, [street], local road or other means of passage of vehicles between the highway and abutting property, including [acceleration and deceleration] existing or proposed auxiliary lanes and [such drainage] structures [as may be] necessary for the proper construction, operation and maintenance thereof.
Acknowledgment of completion--The date on which the Department records that permitted work appears to be completed under the permit and this chapter.
Auxiliary lane--The portion of the roadway adjoining the traveled way that is used for parking, speed change, turning, storage for turning, transition tapers, weaving, truck climbing and other purposes supplementary to through-traffic movement.
Average grade--The total change in elevation divided by the total distance along the highway or access, multiplied by 100.
Central Permit Office--The Department office [for the control of issuance of permits] which administers this chapter, located at:
Pennsylvania Department of Transportation
[Bureau of Highway Services
Central Permit Office
Transportation & Safety Building]
Commonwealth Keystone Building
400 North Street
Harrisburg, Pennsylvania 17120-0041.* * * * * County office--[Any] One of the [various] maintenance district offices of the Department.
Curb--A plain cement concrete structure placed consistent with Publication 72M, Publication 408 and Design Manual, Part 2.
[Curbline--A 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.]
Curb reveal--The vertical distance from the abutting pavement surface to the top of curb.
* * * * * Depressed curb--A structure designed with a curb reveal low enough to allow ingress and egress but high enough to maintain drainage along the highway, placed consistent with Publication 72M, Publication 408 and Design Manual, Part 2.
Design Manual, Part 1--Department Publication No. 10, including Part 1A, Department Publication No. 10A, containing current policy relating to highway design studies, including design review procedures, corridor location studies, design location studies and final design.
Design Manual, Part 2--Department Publication No. 13M, containing current policy for highway design, including design elements and design controls, at-grade intersections, grade separations and interchanges, lighting, pedestrian facilities, driveways, landscape planting design, safety rest areas and welcome centers, drainage design and related procedures, pavement design, guiderail and median barrier and roadside safety devices, erosion and sediment pollution control, guidelines for design of local roads and streets, cost estimating, bicycle facilities and emergency escape ramps.
Design Manual, Part 3--Department Publication No. 14M, containing current policy on the general format and presentation of right-of-way plans and roadway construction plans.
Design Manual, Part 5--Department Publication No. 16M, containing current utility relocation and accommodation policies.
Detention--An active storage mechanism for stormwater management consisting of an inflow rate, a storage volume, and a regulated outflow rate.
Development--A tract of land, with or without buildings, which is or may be improved or subdivided into two or more lots, tracts, parcels or other divisions of land and which has or may have access to a highway or local road.
[Director--The director of the Department's Bureau of Highway Services.]
District executive--The engineer or administrator in charge of a district office.
District office--[Any] One of the [11] engineering district offices of the Department.
* * * * * Drainage impact report--An engineering study which evaluates the effect that drainage generated by proposed development would have on drainage in the surrounding area and determines the improvements required to existing drainage systems to accommodate future drainage both inside the right-of-way and outside the right-of-way.
Driveway--[Every] An existing or proposed entrance or exit, including an access other than a local road, used by vehicular traffic [to or from properties abutting a highway. The term includes proposed streets, lanes, alleys, courts, and ways].
* * * * * 85th percentile speed--The velocity, in miles per hour, which is exceeded by only 15% of the drivers traveling on a section of highway, in accordance with the Manual of Transportation Engineering Studies, Institute of Transportation Engineers, current edition, and § 201.6(17)(ii).
* * * * * [Form 408--The latest revision of highway construction specifications issued by the Department.]
* * * * * Grade--The up or down slope, in the longitudinal direction, of the highway or access expressed as a percentage, which is the number of units of change in elevation per 100 units of horizontal distance. An upward direction from a given point on the slope is a positive grade; a downward direction from a given point on the slope is a negative grade.
High volume driveway--[A driveway used or expected to be used by more than 1500 vehicles per day.] An access which the applicant or the Department determines to have an ADT of 3,000 or more.
* * * * * Island--A defined area between traffic lanes which is used for control of vehicular movements, for pedestrian refuge or for placement of traffic control devices.
Joint-use driveway--A driveway shared by and constructed to provide access to two or [three] more properties.
* * * * * Local road--[Every]
(i) A public highway other than a State highway[. The term includes], including existing or proposed streets, lanes, avenues, drives, boulevards, alleys, courts[,] and ways.
(ii) The term includes an access for which the owner intends to transfer or dedicate ownership to a governmental body after completion of the permitted work.
Low volume driveway--[A driveway used or expected to be used by] An access which the applicant or the Department determines to have an ADT of more than [25] 50 but less than [750 vehicles per day] 1,500.
* * * * * Medium volume driveway--[A driveway used or expected to be used by more than 750] An access which the applicant or the Department determines to have an ADT of 1,500 or more, but less than [1500 vehicles per day] 3,000.
Minimum use driveway--[A residential or other driveway] An access which [is used or expected to be used by] the applicant or the Department determines to have an ADT of not more than [25 vehicles per day] 50.
[Own--To hold title to land or a building or be a tenant in a lease that will not terminate within 15 years of the permit issuance date.]
Owner--A person who holds fee title to land or a person who holds an estate or other legal interest in property, such as an easement, a lease, a license, subsurface rights, or an equitable interest under a sales agreement or option to purchase.
Pavement--The combination of subbase, base course and surface course placed on a subgrade to support the traffic load or distribute it to the roadbed, or both. The term includes the traveled way and auxiliary lanes, and normally extends to the face of the curb in a curbed section. The term does not include shoulders.
* * * * * [Permanent curbing--Plain or reinforced cement concrete curb which meets Department standards.]
Permit--
(i) A highway occupancy permit (Form M-945P) issued by a district office [pursuant to] under this chapter.
(ii) A highway occupancy permit issued to a property owner by a municipality which has entered into a municipal permit issuance agreement with the Department.
* * * * * Plans--Drawings which show the location, character[,] and dimensions of the existing and proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage[,] and other details the Department deems appropriate.
* * * * * [Publication 43--A Department publication, sometimes called ''Bulletin 43,'' containing requirements for the maintenance and protection of traffic on construction projects.
Publication 68--A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways.
Publication 90--A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work.]
Publication 70M--A Department publication containing current policy for design of local roads and streets.
Publication 72M--A Department publication containing current policy for roadway construction.
Publication 111M--A Department publication containing current policy for construction of traffic signing.
Publication 148--A Department publication containing current policy for construction of traffic signals.
Publication 149--A Department publication containing current policy for the design and operation of traffic signals.
Publication 236M--A Department publication containing current policy for approved signs.
Publication 282--A Department publication containing current policy for submitting permit applications.
Publication 408--A Department publication containing current highway construction contract specifications.
Retention--A passive storage mechanism for stormwater management consisting of an inflow rate and a storage volume, in which evaporation and surface infiltration control dissipation rates.
* * * * * Right-of-way plan--A drawing that is prepared consistent with Design Manual, Part 3 plan format requirements, where applicable.
Roadway--That portion of a highway or local road improved, designed[,] or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
* * * * * Safe-running speed--The maximum velocity, in miles per hour, at which drivers may safely operate their vehicles on a section of highway during favorable weather conditions and prevailing traffic conditions, as determined under § 201.6(17)(iii).
* * * * * Speed limit--The maximum velocity, in miles per hour, that traffic may legally travel on a section of highway as determined under §§ 201.6(17) and 201.31--201.35, and in accordance with 75 Pa.C.S. §§ 3361--3365 (relating to speed restrictions).
[Stabilized material--Any 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.
Stopping sight distance--The 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.]
Structure--
(i) A facility that is constructed by or for a permittee to accommodate traffic, pedestrians, the highway, drainage, the permittee's development or affected property owners, including: curbs, sidewalks, drainage facilities, pipes, traffic control device supports, retaining walls, traffic islands, guiderail, earthwork, core borings, through lanes, pedestrian walkways, subways or other types of facilities authorized under the permit or this chapter.
(ii) The term does not include transit shelters, newspaper receptacles or mail boxes, or utility facilities regulated under Chapter 459 (relating to occupancy of highways by utilities).
* * * * * [Traveled way--The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.]
TCP--Traffic control plan--A plan for maintaining traffic in or around a work zone area.
TRB--The Transportation Research Board, National Research Council, currently located in Washington, D.C.
Traffic control device--Any sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both.
Traffic impact study--An engineering study which evaluates the effect that traffic generated by proposed development would have on roadway operations in the surrounding area and determines the improvements to the existing transportation system required to accommodate that traffic.
Traveled way--The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
* * * * * VPH--Vehicles per hour--The existing or estimated future total volume of traffic which the applicant determines with the concurrence of the Department, or which the Department determines, will use a highway or access during a 1-hour period.
Vehicle--[Every]
(i) A device in, upon or by which [any] a person or property is or may be transported or drawn upon a highway.
(ii) The term [includes special mobile equipment as defined in the Vehicle Code] does not include devices used exclusively upon rails or tracks, devices propelled by human or animal power, bicycles, golf carts, snowmobiles and all-terrain vehicles.
§ 441.3. Permit application procedure.
(a) General rule. [No driveway, local road or drainage facility] An existing or proposed access or structure [shall] may not occupy a State highway, or be constructed [or altered], altered, repaired, maintained, or used, within State highway right-of-way [and no drainage facility of the Department] without first obtaining a permit from the Department. A State highway or appurtenance thereto may not be altered or connected onto without first obtaining a permit from the Department. [A permit may not be required for maintenance.]
(b) Authorization of local governments to issue permits. The Department may enter into agreements with local governments to issue permits in accordance with this chapter.
(1) Permit applications submitted to authorized local governments shall meet all the requirements of this chapter.
(2) For permits issued by authorized local governments, the powers and duties attributed to the Department in this chapter shall be the powers and duties of the authorized local government.
(3) The place for submission of applications for permits to be issued by an authorized local government shall be the municipal office designated by the authorized local government.
(c) Maintenance of permitted access or structure. If a valid permit has been issued for an access or structure, another permit will not be required for maintenance, provided the maintenance does not alter the design of the permitted access or structure or otherwise violate a requirement of the permit, Chapter 203 (relating to work zone traffic control), this chapter, or applicable State and Federal laws and regulations including the Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) and 28 CFR Part 35 (relating to nondiscrimination on the basis of disability in state and local government services).
[(b) Who may execute applications] (d) Persons authorized to apply for a permit. Permit applications [shall] must be submitted in the name of, and executed by, the owner or, when applicable, the owners of the property.
[(c) Where to submit application] (e) Submission of a completed application. Permit applications [shall] must be submitted to [either] the district or county office having jurisdiction over the county in which the proposed work will be performed, or to the municipality in which the proposed work will be performed, provided the municipality has executed a municipal permit issuance agreement with the Department.
[(d) When to submit applications] (f) Time for submission of an application. Permit applications [shall] must be submitted at least 60 days 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] anticipated start of work on the structure or access.
[(e)] (g) Application procedure and required information. [Permit applications] A permit application must:
(1) [Shall be] Be submitted in person or by mail on a properly completed Department Form M-945A or, in the case of a minimum use driveway, on a properly completed Form M-950A. An application may also be submitted in an electronic format authorized by the Central Permit Office.
(2) [Shall be] Be signed by the applicant and any consulting engineer performing work related to the application.
(3) [Shall include five sets of] Include plans[, of a quality sufficient for microfilming,] detailing the location and pertinent dimensions of [both the proposed installation] each existing and proposed access, structure and related highway features.
(i) If paper plans are submitted, at least four paper sets of plans not larger than 24 inches by 36 inches shall be submitted and shall be of a quality sufficient for recording by scanning.
(ii) If electronic plans are submitted, one set of plans shall be submitted in an electronic format authorized by the Central Permit Office.
(iii) Color coded plans or pencil notations will not be accepted.
(iv) Drawings shall be prepared consistent with plan format requirements in Design Manual, Part 3, where applicable.
(v) Except for applications for minimum use driveways, the application shall include plan details of specific highway location, right-of-way lines, adjacent property boundary lines, easements, adjacent intersections and driveways, traffic control devices, construction materials, access grades, access angles, access widths, access radii, highway drainage, sight distance measurements, average highway grades, speed limits, structures, the extent of limited access where applicable and required signage if any portion of the property is or will be reserved for a person with a disability or a severely disabled veteran.
(4) [Shall be] Be accompanied by a check or money order, payable to the Department, in the appropriate amount[,] as set forth in § 441.4 (relating to permit fees) unless the applicant participates in the permit monthly billing system.
(5) [Shall be submitted to the Department at least 30 days prior to the anticipated start of work.
(6) Shall contain proof of ownership] Include a copy of the deed and deed book reference showing ownership, or other verification of an estate or interest in the property acceptable to the Department.
(i) If the applicant does not have a fee interest or a leasehold interest, the applicant shall, at the applicant's expense do one of the following:
(A) Secure the signature on the application of the holder of the fee interest and lessee, if any, of the property.
(B) Submit a release executed by the holder of the fee interest and lessee, if any, of the property, in favor of the Department and in a form acceptable to the Department.
(ii) If the applicant demonstrates that a release cannot be reasonably obtained from the fee title holder and lessee, if any, that the applicant holds a legitimate estate or other legal interest in the property, and that written notice has been given to the fee title holder and lessee, if any, of the pendency of the application and of the right to appeal under subsection (v), the Department will recognize the applicant as an owner conditioned upon execution of an indemnification agreement in favor of the Department and in a form acceptable to the Department. If it recognizes the applicant as an owner, the Department may also require the applicant to provide additional security in a form and amount acceptable to the Department.
(6) Identify consulting engineers performing work related to the application.
(7) Include a properly completed Form M-950 MPC consistent with the Municipalities Planning Code (53 P. S. §§ 10101--11202), except in an application for a minimum use driveway.
[(f)] (h) Traffic control plan. [Submission of the traffic control plan shall be as follows:
(1) When the applicant anticipates that it will be necessary to close a portion of a lane to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application.
(2) The district office may require the applicant to submit a traffic control plan if it is anticipated that a potential hazard or interference to vehicular or pedestrian traffic will result from performance of the work.
(3) The traffic control plan shall be either:
(i) A detailed drawing, showing all traffic control devices.
(ii) a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control.] Unless excused in writing by the Department, an applicant shall submit a traffic control plan with the application.
(1) The traffic control plan must comply with Chapter 203 and clearly indicate how the work area and vehicular and pedestrian traffic will be protected, maintained and controlled.
(2) The traffic control plan must consist of one of the following:
(i) A reference to specific figures in Chapter 203 if the referenced figures properly depict actual site conditions and address the necessary traffic control requirements for the specific project.
(ii) At least four paper copies or one authorized electronic copy of specific figures from Chapter 203 which have been modified to delete the figure number and depict actual site conditions and necessary traffic control requirements for the specific project.
(iii) At least four paper copies or one authorized electronic copy of a detailed drawing, showing actual site conditions and the necessary traffic control requirements for the specific project.
[(g)] (i) Drainage [control plan] impact report for properties served by other than minimum use driveways. [Drainage control plan for other than minimum use driveways shall be as follows:
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