[34 Pa.B. 5355]
[Continued from previous Web Page] § 441.9. [Driveway] Typical access layout [illustrations] figures.
(a) General rule. Figures [7] 9-1 through [12] 9-5 illustrate and supplement the minimum design requirements described in this chapter. [Although site conditions may not allow strict adherence to the dimensions shown in these illustrations, every effort shall be made to design and construct the safest and most efficient access onto the State highway.] These typical figures are provided to assist applicants in developing the access plans which will accompany the application. Applicants shall use the appropriate typical figure as a guide to provide safe and efficient highway access.
(b) Additional requirements. The Department may also require the following:
(1) Additional access width to provide additional turning lanes for adequate traffic flow and highway safety.
(2) Restricted access dimension values, to accommodate only the largest vehicles or combinations which will frequently use the access.
(3) Additional access dimension values to accommodate vehicles which have a larger turning radius, including fire trucks and school buses, if these vehicles will frequently use the access.
(c) Sidewalks. Sidewalks must be designed and constructed consistent with Design Manual, Part 2, and section 676 of Publication 408. The applicant shall continue the prevailing sidewalk line along the property frontage, if sidewalk is constructed or replaced.
(d) Curb ramps. If curb exists or is to be constructed, the applicant shall comply with the following when constructing or replacing curb ramps at pedestrian crosswalks and at sidewalks:
(i) Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) as implemented by 28 CFR Part 35 (relating to nondiscrimination on the basis of disability in state and local government services).
(ii) Americans With Disabilities Act Accessibility Guidelines (ADAAG) as implemented by 36 CFR Part 1191 (relating to Americans With Disabilities Act (ADA) accessibility guidelines for buildings and facilities).
(iii) Section 102(f) of the Highway Safety Act of 1966 (23 U.S.C.A. § 402(f)) regarding highway safety programs.
(iv) Section 1 of the act of May 20, 1976 (P. L. 129, No. 56) (53 P. S. § 1898) regarding purpose; authority to install.
(v) Design Manual, Part 2, where applicable.
(vi) Section 694 of Publication 408.
(vii) Roadway Construction Standard RC-67M for curb ramp construction or replacement at pedestrian crosswalks and at sidewalks, if curb exists or is to be constructed.
(Editor's Note: As part of this proposed rulemaking, the Department is proposing to delete Figures 7--12 on 67 Pa. Code pages 441-31--441-441-36, serial pages (216139) to (216144).)
Figure 9-1
Figure 9-2
Figure 9-3
Figure 9-4
NOTES 1. This figure is merely one example of a high volume driveway.
Use the design requirements of this chapter and the notes for this figure when designing a high volume driveway to satisfy site conditions and anticipated traffic.
2. Design consistent with Design Manual, Part 2 and the AASHTO publication entitled ''A Policy on Geometric Design of Highways and Streets.''
3. Number and configuration of lanes as determined by a capacity analysis.
4. The need for auxiliary lanes and their required length shall be consistent with the criteria in Publication 282.
5. Provide signing consistent with Publications 236M, 68 (Chapter 211), and 111M. Provide pavement markings consistent with the MUTCD, Publication 68 (Chapter 211) and TC- 8600.
6. Provide signalization, if warranted, consistent with Publication 201M (Chapter 201) and the MUTCD.
7. Traffic signal design and operation shall be consistent with Publications 149, 148P and 68 (Chapter 211), and the MUTCD.
8. Align driveway across from another driveway or roadway whenever possible.
9. The need for channelization and the required type shall be based on site conditions and anticipated traffic. Design islands consistent with § 441.8(o)(3).
10. Provide Pedestrian accommodation consistent with § 441.9(c) and (d).
§ 441.10. Penalties and enforcement.
(a) General rule. A violation of this chapter or the permit requirements [shall constitute] constitutes grounds for imposition of [any or all] one or more of the following penalties:
(1) Upon receipt of [oral or] written notice of a violation from [the authorized] a representative of the Department or a police officer whose jurisdiction includes the [permitted] work area, the permittee, property owner or person performing the work shall cease to perform further work in the [permitted area] right-of-way except to restore the area to a safe condition. Further work may not [commence] be performed in the [permitted area] right-of-way until the violation has been remedied or a permit or supplement has been obtained. [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.]
* * * * * (4) The Department may [block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter.] take the following actions:
(i) If a permitted or unpermitted access or structure is designed, constructed, altered, repaired, maintained or used in violation of a condition of the permit or this chapter, or constitutes a hazard to traffic or interferes with the proper use of the highway by the Department or the general public, the Department may perform or require the following remedies to be performed, at the full cost and expense of the permittee or property owner:
(A) Block or limit the access.
(B) Sever, remove, block or unblock the structure.
(C) Bring the access or structure into conformance with the provisions of this chapter, the permit and requirements and standards of the Department.
(ii) The Department will provide written notice to the permittee or property owner in advance of an action specified in subparagraph (i) unless impracticable or because the violation, hazard or use creates a dangerous highway condition or an immediate threat to the general public.
(iii) The Department will provide an invoice to the permittee or property owner detailing costs incurred or to be incurred by the Department in taking an action specified in subparagraph (i), for which assessed and determined amount the permittee or property owner shall be finally liable to the Department, to be paid in full within 30 days after the invoice mailing date unless the permittee or property owner requests an administrative hearing within 30 days after the invoice mailing date, 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).
* * * * * (6) [The other action] Other actions as may be deemed necessary or proper after consultation with the Office of Chief Counsel.
(7) Other conditions which may be specified on a Departmental Citation, Form M-945C.
(b) Additional grounds for revocation. Additional grounds for revocation [shall be] are as follows:
(1) The [Secretary] Department may revoke a permit whenever [he] it determines that [the driveway or] a structure or an access, its approaches, or their use [constitute] is not being maintained, is in violation of a condition of the permit or this chapter, constitutes a hazard to traffic or interferes with the proper use of the highway by the Department or the public.
(2) The Department may revoke a permit where it has provided written notification to the permittee or property owner that the Department requires changes in design, operation, location, maintenance of, or removal of an access or structure, and the permittee or property owner has failed to comply with the Department's requirements within a reasonable time period as determined by the Department.
(3) The [director] Department may revoke a permit for nonpayment of a fee [specified] authorized in § 441.4 (relating to permit fees) including default [of] on a check submitted for the payment.
(c) Revocation procedure. Prior to revocation of a permit, except for nonpayment as specified in [paragraph (2)] subsection (b)(3), the [applicant] permittee or current property owner shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. §§ 501--508 [relating to practice and procedure of Commonwealth agencies], 1 Pa. Code Part II and Chapter 491.
§ 441.11. Modification of conditions.
(a) General rule. When a term or condition of this chapter--other than § 441.8(h) (relating to driveway design requirements)--cannot be met, an applicant may request, in writing, that the district office modify that term or condition if it is not required by law, and shall provide justification acceptable to the Department, including evidence of each of the following:
(1) That the applicant has done everything that can reasonably be done to comply with the term or condition.
(2) That no other access is available to or from the property.
(3) That the proposed modification satisfies the intent of the term or condition to be modified.
(4) That the proposed modification represents the minimum feasible deviation from the term or condition to be modified.
(5) That the reason for the requested modification is the impracticability of meeting the exact terms or conditions of this chapter rather than mere economic benefit to the applicant.
(b) Granting of modification. The Department reserves the right not to grant a modification under this chapter. If a requested modification is granted, the permit will specify the allowable modification. A permit issued under authority of this section shall be signed only by the district executive or higher Departmental authority. The granting of a modification will be predicated on the applicant's complying with each of the following:
(1) Unless the applicant is excused in writing, the execution of a hold harmless and indemnity agreement acceptable to the Department, consistent with § 441.6(13) (relating to general conditions).
(2) Unless the applicant is excused in writing, the procurement of security acceptable to the Department guaranteeing highway restoration and maintenance costs, consistent with § 441.6(15).
(3) Unless the applicant is excused in writing, the procurement of public liability insurance for personal injury and property damage on behalf of the Department, its officers, agents and employees, in a form and amount acceptable to the Department, for the life of the access or structure.
(4) Unless the applicant is excused in writing, the execution of an agreement acceptable to the Department, consistent with § 441.5(f) (relating to issuance of permits).
(5) Permit conditions, including use restrictions, special traffic control devices, safety features and recording of the permit.
(c) Restrictions. A municipality authorized to issue permits for the Department may not modify a term or condition of this chapter without obtaining written authorization from the district executive. If the modification is granted by the district executive, the municipality shall require the applicant to provide security or satisfy other conditions required by the district executive. The municipality shall indemnify and hold harmless the Department for negligence by the municipality in issuing the permit.
(d) Effect of modification upon third parties. The modification of a term or condition by the Department does not create rights in a third party.
(e) Right of appeal. If a requested modification is not granted, the applicant may appeal 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.
[Pa.B. Doc. No. 04-1816. Filed for public inspection October 1, 2004, 9:00 a.m.]
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