[34 Pa.B. 5355]
[Continued from previous Web Page] (1) The pavement and shoulder that will be disturbed must be photo documented in its entirety with color videotape or another record format acceptable to the Department. Photo documentation must be compatible with district office viewing equipment.
(2) The permittee may also submit color images, color slides or color prints, if each image, slide or print is clearly labeled and arranged to verify the surface condition of each successive 25 linear feet of pavement and shoulder that will be disturbed.
(3) If photo documented pavement and shoulder surface conditions or locations are not discernible, complete or otherwise acceptable, the district office will either return the photo documentation to the permittee for resubmission or the district office will create its own photo documentation record and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Department's invoice.
(4) The date of photo documentation must be identified on each disc, cartridge, slide, print or other record.
§ 441.6. General conditions.
The following conditions [shall] apply to permits issued under [the provisions of] this chapter:
(1) Scope of permit. The permit [shall be] is binding upon the permittee[, its] and property owners, their agents, contractors, successors[,] and assigns.
* * * * * (v) The permittee [shall be principally] and property owners are liable to the Department for [any] failure to comply with the permit and this chapter. The [principal] liability of the permittee and property owners to the Department [shall] does not preclude the permittee or the property owners or the Department from bringing [any] an action against the permittee's contractor, subcontractor, engineer, architect, [or any other person] assignee, agent, workers, employees or other persons.
(vi) [The permittee shall be the only party in interest in any action against the Department before the Board of Claims involving disputes arising from the permit.
(vii) Disputes between the permittee and the Department shall be governed by the appropriate provisions in Form 408.
(viii)] A permit [shall be] is valid only as long as the [traffic volume of the driveway] site plan, a structure or the type of vehicles or combinations which frequently use the access does not change, or the access ADT does not exceed the [approved] driveway classification [as set forth in] under § 441.8(a) [of this title] (relating to driveway design requirements).
[(ix) The Department, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation, or proper maintenance of any access within State highway right-of-way.] (vii) As a consequence of a change in a Department requirement or standard, a change in the type or character of the highway, a change in traffic conditions, a change to the site plan or to a structure, or a change in the type of traffic frequently using the access or the driveway classification, the Department may require the permittee or property owner to make changes in the operation, location, maintenance of, or removal of an access or structure and associated highway work or improvements.
(A) The Department will provide the permittee or property owner with 30 days written notice which will identify the proposed changes and the reasons for the changes.
(B) The Department may require a new application or require the permittee or property owner to comply with plans prepared by the Department if a reasonable response is not received.
(C) If the permittee or property owner fails to perform the required work within a reasonable time period as determined by the Department, the Department reserves the right to perform the work upon written notice to the permittee or property owner, if practicable, and the permittee or property owner shall reimburse the Department for the costs within 30 days after receipt of the Department's invoice.
(2) Additional restrictions. [All work] Work authorized by the permit [shall be] is subject to the following:
(i) [All applicable] Applicable laws, rules[,] and regulations, including [but not limited to] the following:
* * * * * (C) [Act of October 5, 1978 (P. L. 1104, No. 260) (72 P. S. §§ 4651-1--4651-10) which provides that the Board of Claims shall have jurisdiction of claims against the Commonwealth arising from contracts] The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
(D) O.S.H.A. construction safety and health regulations[, 39 Fed. Reg. 22801 (June 24, 1974) and 29 CFR § 1926.1 et seq.] at 29 CFR 1926.1--1926.1051.
(E) [42 U.S.C. § 2000d, as implemented by 49 CFR § 21 and 23 CFR § 230.101 et seq.] The Civil Rights Act of 1964 Title VI (42 U.S.C.A. §§ 200d--200d-4a) and implementing regulations.
(F) Ordinances enacted by [local] municipalities which contain more stringent minimum safety requirements than this chapter or which have a municipal permit issuance agreement with the Department.
(G) The 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).
(H) Chapter 5 of 37 Pa.C.S. (relating to Historic Preservation Act).
* * * * * (3) Work to conform to Department standards. Permitted work shall conform to Department standards, including the following:
(i) The permittee shall perform the permitted work [shall be done] at [such] a time and in [such] a manner [as shall be] consistent with the safety of the public and [shall conform to all] consistent with requirements and standards of the Department including[, but not limited to, Form 408] publications identified in this chapter.
(ii) The permittee shall obtain highway materials from Department-approved sources, which are identified in current Department Publications 34, 35, 41 and 42. Upon request, the permittee shall make available for review certifications for backfill and restoration materials.
(iii) The Department may require the permittee to use contractors that are prequalified under Chapter 457 for work within the roadway.
(iv) If [at any time it shall be found by] the Department finds that the permitted work is not being done or has not been properly performed, the permittee [upon being notified in writing by the Department] shall [immediately] promptly take the necessary steps, at its own expense, to place the work in condition to conform to [such] the requirements [or] and standards of the Department.
(v) [In case any] If a dispute arises between the permittee and the Department's inspector, the Department's inspector [shall have] has the authority to suspend work until the question at issue can be referred to and be decided by the [district office] district executive or a designee, from which determination the permittee shall have an opportunity for a 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) by submitting a written request for a hearing within 30 days after the district's determination, to the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, Harrisburg, Pennsylvania 17120-0041.
(vi) Work not specifically regulated by this chapter is to be performed as authorized by the district office.
(4) Permittee responsibilities. Permittee responsibilities [shall be as follows] include the following:
* * * * * (ii) [In the event of failure or neglect by the permittee] If the permittee fails to or neglects to perform and comply with the permit or the provisions of this chapter, the Department may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment[,] or property belonging to the permittee or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition.
(A) [In the event] If the Department determines that [such] the structures, equipment[,] or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Department to do so, the Secretary or [his] the Secretary's attorneys, or [any] an attorney of [any] a court of record [shall be] is authorized to appear for the permittee, and to enter an amicable action of ejectment and confess judgment against the permittee; and the attorney [shall be] is authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee.
(B) The Department also reserves the right to perform the work upon written notice to the permittee or property owner, if practicable, and the permittee or property owner shall reimburse the Department for the costs within 30 days after receipt of the Department's invoice.
(iii) [If work is stopped on a project for any reason, other than at the end of any normal work day, and any ditch or trench, in the opinion of the Department, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion.] The permittee shall protect its openings in the right-of-way to provide for the safety of the general public.
(A) At the end of a workday, the permittee shall cover an opening in the right-of-way with steel plates, or backfill the opening to the adjacent surface elevation, or protect the opening in accordance with Chapter 203 (relating to work zone traffic control) and an approved traffic control plan, consistent with section 901 of Publication 408.
(B) If steel plates are used, the permittee shall extend the plates a minimum of 18 inches from each edge of the opening and shall secure the plates to prevent the plates from sliding out of place when subjected to traffic loads.
(C) The permittee shall perform backfilling in accordance with § 459.8(g) (relating to special conditions--subsurface operations). Flowable fill material, if requested by the owner and authorized by the district office, may be used to backfill highway openings.
(D) [In the event] If the permittee fails to [refill the ditch or trench] cover, backfill or protect the opening or to proceed [to] until completion of the work [upon notice from the Department to do so], the Department may perform the [necessary and required] work upon written notice to the permittee, if practicable, and the permittee shall [be reimbursed] reimburse the Department for the costs [by the permittee] within 30 days after receipt of the Department's invoice.
(iv) If the permittee, after making an opening in the surface to place or repair [a drainage facility] an access or structure, or for [any other] another purpose, fails to restore [any portion of] the right-of-way to conform with Department [specifications upon notice from the Department to do so,] requirements and standards or a permit condition, the Department [may perform the work and the permittee shall reimburse the Department for the costs] may perform the work or restore the right-of-way upon written notice to the permittee, if practicable, and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Department's invoice.
(v) Unless temporarily exempted by the Department, in writing, the permittee shall prohibit the public from using an access or structure until the permitted work is completed in accordance with this chapter, the permit, approved plans and requirements and standards of the Department.
(vi) If construction or restoration work will be performed in the improved area, the permittee shall identify to the Department both the permittee's contractor and its inspector-in-charge who shall be assigned to monitor the work. The permittee's inspector-in-charge, as well as the permittee, is responsible for ensuring work is performed in compliance with this chapter, the permit, approved plans and requirements and standards of the Department.
(vii) The permittee shall notify the district office at least 5 full workdays prior to the start of work when the permit identifies that the permitted work will be inspected on a more than spot inspection basis.
(viii) Unless the permittee or property owner requests an administrative hearing under 2 Pa.C.S. §§ 501--508, 1 Pa. Code Part II and Chapter 491 within 30 days of the mailing date of an invoice issued for costs incurred by the Department in taking an action under this chapter, the invoice amount will be considered settled, assessed and finally determined against the permittee or property owner and shall, unless paid in full, constitute a first lien on the real and personal property of the permittee or owner of the property on which the access or structure is located. The lien must be satisfied from the proceeds of sale of the property before any other lien, claim, mortgage or interest. The Department may transmit a certified copy of the lien to the prothonotary of the county where the access or structure is located, to be entered of record, upon which record it will be lawful for writs of scire facias to issue and be prosecuted to judgment and execution. The Department may also immediately revoke and annul the permit, and take recourse against security provided to the Department under this chapter.
* * * * * (6) Altering drainage prohibited. Unless specifically authorized by the permit, the permittee [shall] may not:
(i) [alter] Alter the existing drainage pattern or the existing flow rate or flow velocity of drainage water[; or].
(ii) [direct] Direct additional drainage of surface water toward, onto [or], into or otherwise affect the highway right-of-way or highway facilities [in a way which would have a detrimental effect on the highway or highway facilities].
* * * * * (8) Equipment damaging highway. [Equipment damaging the highway shall conform] The highway shall be protected in accordance with the following [conditions]:
* * * * * (ii) [In the event that other than rubber equipped machinery is authorized for use, the] If other than rubber equipped machinery or equipment is used, the permittee shall protect the pavement and shoulders [shall be protected] from equipment damage by the use of matting[, wood,] or other suitable protective material [having a minimum thickness of four inches], unless the permittee submits a written request for a waiver from the use of protective material, wherein the permittee acknowledges its obligation and commitment to repair or reconstruct the pavement and shoulders, if damaged, and to restore the pavement and shoulders to their former condition.
(iii) If the equipment damages the pavement or shoulders, the permittee shall restore the [pavement or shoulders to their] damaged pavement or shoulders, or both, to their former condition, [at the expense of the permittee] in a manner authorized by the district office.
(9) [Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out] Work zone traffic control. The permittee shall carry out work zone traffic control in accordance with the requirements of [the Department, as set forth in Publication 43 and Publication 90.
(i) The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic.
(ii) Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. All traffic control devices shall be of an approved type. Signs shall conform to the requirements of Publication 68.
(iii) Designated employes shall be assigned by the permittee to direct one lane traffic. Flaggers shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90.] 75 Pa.C.S. § 6123 (relating to erection of traffic-control devices while working), the approved traffic control plan, and the applicable provisions of Chapter 203, consistent with section 901 of Publication 408.
(10) Restoration. [All disturbed] The permittee shall promptly restore disturbed portions of the highway, including slopes [and all], highway appurtenances and structures [such as guard rail or drain pipes, shall be restored by the permittee] to a condition at least equal to that which existed before the start of [any] work [authorized by the permit] and in accordance with current requirements and standards of the Department. [This includes providing appropriate end] At the end of the workday, the permittee shall replace disturbed traffic control devices and guiderail systems. The permittee shall install crashworthy end treatments on [guard rail] guiderail systems [where] if a portion of existing [guard rail is being broken by the driveway] guiderail was removed.
(11) [Approval] Acknowledgment by inspector. [Approval] Acknowledgment by the Department's inspector [of all or part of any] that the permitted work [shall] has been completed, does not constitute [acknowledgment that] approval or acceptance of the work or agreement that the work was performed in accordance with the permit[, nor shall such approval of]. Acknowledgment of completion by the inspector will not act as a release of the permittee or waiver by the Department of its right to seek performance or restitution [by] from the permittee.
(12) Maintenance. [All driveways] The property owner shall continuously maintain, to the pavement edge, driveways, local roads, structures and adjacent areas [within the highway right-of-way shall be continuously maintained by the property owner] utilized by vehicles gaining access to or from the highway, so as to conform to this chapter and the permit and so as not to interfere or be inconsistent with the design, construction, maintenance[,] and drainage of the highway, or the safe and convenient passage of traffic upon the highway. The owner may not move or authorize another person to move snow, trash, waste or other material from the property onto the pavement or shoulder or other area of the highway.
(13) Indemnification. Indemnification of the Department for property and personal injury will be governed as follows:
(i) [The permittee shall fully indemnify and save harmless and defend the Commonwealth, its agents and employes, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employe, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work.] The permittee shall indemnify fully, hold harmless and, if requested, defend the Commonwealth from liability, loss, injury or damage to persons or property which the Commonwealth, its officers, agents and employees individually may suffer as a result of claims, demands, costs or judgments of any type arising against it or them as a result of the granting of the permit to the permittee, including claims, demands, costs or judgments of any type, whether sounding in tort or otherwise, arising from any of the following:
(A) As a result of activities of the permittee, its agents, employees or others at the permit site or any work or other actions taken by these persons under or in violation of the permit.
(B) As a result of a failure of these persons to conform to all pertinent statutes, ordinances, regulations or other requirements of any governmental authority in connection with the permit.
(C) As a result of right-of-way acquisition and other property damages; or claims arising from the planning, design, utility relocation or construction of the work allowed by the permit or a portion thereof.
(ii) This indemnification may not apply to a portion of a highway, roadway or other facility designed, constructed or reconstructed by the Commonwealth in connection with the work allowed by the permit, nor to work allowed by the permit which is negligently performed by the Commonwealth on behalf of the permittee at the permittee's expense. Right-of-way acquisition and other property damage, as used in this subsection, includes consequential damages; damages arising from de facto or inverse takings; special damages for displacement; damages for the preemption, destruction, alteration, blocking or diversion of facilities; interference with access; and other damages that may be claimed or awarded within the purview of the Eminent Domain Code (26 P. S. §§ 1-101--1-903), the State Highway Law (36 P. S. §§ 670-101--670-1102) and eminent domain case law of the Commonwealth.
(iii) The permittee will be responsible to further indemnify and hold harmless the Commonwealth from all losses, damages, expenses, claims, demands, suits and actions brought by a party against the Commonwealth as a result of the permittee's failure to comply with the 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) and related Department requirements and standards.
(iv) The permittee or its contractor shall add the Commonwealth as an additional insured to the permittee's insurance policy or the insurance policy of the permittee's contractor to secure the permittee's indemnification of the Department for property damage and personal injury under this paragraph. The amount of insurance for other than minimum use driveways shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on Commonwealth damages as the General Assembly may establish. Insurance for minimum use driveways shall be in an amount acceptable to the Department. The policy shall be of a duration acceptable to the Department.
(v) Upon request, the permittee shall deliver to the district office certificates of insurance evidencing that the coverage required under subparagraph (ii) has been obtained.
(14) Insurance. [The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction.] The permittee or its contractor shall obtain, prior to the start of permitted work, a policy of insurance issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this Commonwealth. The policy of insurance shall be in accordance with the following:
(i) The permittee or its contractor shall obtain insurance for public liability and property damage, in form and duration acceptable to the Department to insure any loss that may be incurred by the Department, the permittee or property owner arising from the design, construction, reconstruction, repair, relocation or installation of the permitted access or structure. The amount of insurance for other than minimum use driveways shall be at least $250,000 per person and at least $1,000,000 per occurrence. Insurance for minimum use driveways shall be in an amount acceptable to the Department.
(ii) Upon request, the permittee shall deliver to the district office certificates of insurance or insurance policy endorsements, in a form acceptable to the Department, evidencing that the insurance coverage required under subparagraph (i) has been obtained.
(iii) The permittee's obligations to indemnify the Department and obtain insurance to secure indemnification under paragraph (13) and its obligations to restore the highway and obtain security relating to restoration under paragraph (15) are separate from the obligation to obtain insurance for the purposes required under this paragraph. Obtaining insurance under this paragraph does not relieve the permittee of its obligations under paragraphs (13) and (15) of this section.
(15) Damage to highway. [Restoration of] Responsibility of the permittee for restoration of the highway [shall include] includes the following:
(i) If there is a failure of the highway, including a slope or [any] other appurtenance thereto, in the [immediate] area of the permitted work within [two] 2 years after the acknowledged completion of the permitted work and there is no similar failure of the highway beyond the [area adjacent to the] area of the permitted work, the permittee [shall have] has absolute responsibility to make [all] temporary and permanent restoration [including restoration of the adjacent area if it has also failed] of this area.
[(ii) If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.
(iii) If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence.
(iv) If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure.
(v) If the permitted work is the proximate cause of damage to the highway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration.
(vi) Where] (ii) If the permittee has the responsibility to restore the highway, including a slope or [any] other appurtenance thereto, under [subparagraphs (i)--(v), including instances where a presumption of responsibility has not been rebutted] subparagraph (i), the permittee [shall have] has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Department [will have] has the authority to do the work at the expense of the permittee. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Department's invoice and thereafter, the Department will have the right of recourse to the security required under this chapter.
(iii) The obtaining of security or an agreement described in § 441.5(f) (relating to issuance of permits) to secure restoration costs does not relieve the permittee of the restoration obligations imposed by subparagraphs (i) and (ii), nor does it relieve the permittee of its obligations under paragraphs (13) and (14). The obtaining of security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the security or agreement.
(16) Future additional driveways. Future additional driveways shall [consist of] be governed by the following:
(i) If the Department anticipates that a property may be subdivided and that [such] the subdivision [will] may result in an unacceptable number or arrangement of driveways, or both, in which case the Department may require the property owner to enter into an access covenant (Form [CC-14] M-946) prior to the issuance of a permit.
(ii) The access covenant will [restrict access to the approved locations] prohibit the construction of any future access to the State highway to the property served by the access shown on the plans accompanying the permit application, regardless of whether [the land] that property is [later] subdivided or conveyed to other persons[, or both] at a later date.
* * * * * (iv) The applicant or the Department shall determine whether an access, structure or work authorized under the permit may interfere with or result in consequential damage to another property owner's existing access or structure, in which case the applicant, at the expense of the applicant, shall submit a release executed by each affected property owner in favor of the Department and in a form acceptable to the Department. 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 § 441.3(v) (relating to permit application procedure), 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. The Department may require the applicant to provide additional security in a form and amount acceptable to the Department.
(17) [Use of highway prohibited. Prohibited use of the highway shall be as follows:] Prohibited uses of the highway. The permittee shall proceed with permitted work consistent with the following:
* * * * * (ii) Improvements on private property [adjacent to the right-of-way] shall be so located that parking, stopping[,] and maneuvering of vehicles on the right-of-way or within the clear line of vision of entering or exiting vehicles will not be necessary [in order for vehicles or patrons to be served]. New liquid fuel pump islands installed in service stations adjacent to the highway shall be located at least 12 feet outside the right-of-way, [in order for a driveway permit to be issued. See Figure 11 and Figure 12] to preclude the servicing of vehicles within the right-of-way.
(iii) Drainage detention facilities and retention facilities may not be placed within the right-of-way.
(iv) Septic systems and their appurtenances may not be placed within the right-of-way.
(v) Hazardous material storage containers may not be placed within the right-of-way.
(vi) The top of any pipe carrying other than stormwater drainage shall be installed at least 3 feet beneath the surface within the right-of-way unless a lesser depth is authorized by a published Department standard or regulation. A permit may not be issued for a pipe to be installed aboveground within the right-of-way.
§ 441.7. General [driveway] access requirements.
* * * * * (c) Specific location restrictions. Specific location restrictions shall include the following:
* * * * * (3) Access to a property which abuts two or more intersecting [streets or] highways or local roads may be restricted to only that [roadway] highway or local road which can more safely and efficiently accommodate [its] traffic.
* * * * * (d) Local roads. [An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall be, for the purpose of this chapter, considered a local road and not a driveway regardless of its ownership. As such, its design must be in accordance] The applicant or the Department shall determine whether the access qualifies as a local road under this chapter. A local road shall be designed consistent with the Department's current standards [governing the design of local roads] identified in Publication 70M. [All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway.]
(e) Number of [driveways] access locations. The [number and location of entrances which may be granted] Department's decision on the number of access locations that will be permitted to serve a property will be based on [usage, interior and exterior traffic patterns, and current design policy of the Department.] preserving the flow of traffic and highway safety, considering the amount and type of traffic the access is expected to serve, the location, type and density of the development, the type and character of roadway which it accesses, interior traffic patterns, frontage and other criteria consistent with the AASHTO publication entitled ''A Policy on Geometric Design of Highways and Street.''
(1) [Normally, only] Only one [driveway] access will be permitted for a [residential] property [and not more than two driveways will be permitted for a nonresidential property] unless the applicant demonstrates that additional access for the property is necessary to accommodate traffic and that highway safety and traffic flow will not be adversely affected by the additional access.
(2) [If the property frontage exceeds 600 feet, the permit may authorize an additional driveway.] Access may be restricted to right turn only ingress and egress or to another highway or local road that can more safely and efficiently accommodate traffic.
(3) [Regardless of frontage, a development may be restricted to a single entrance/exit driveway,] The Department may require an access to be served by an internal collector road separated from the traveled way.
(f) Approaches to driveways. Driveway approaches [shall] must conform to the following standards:
* * * * * [(3) Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. See Figure 5.]
§ 441.8. Driveway design requirements.
(a) General. General requirements shall be as follows:
(1) The ability of a driveway to safely and efficiently function as an integral component of a highway system requires that its design and construction be based on the amount and type of traffic that it is expected to serve [and], the type and character of roadway which it accesses and other nearby highways. This chapter separates driveways into four general classifications, based on the amount of traffic they are expected to serve. A description of each classification [and typical examples of land uses normally associated with each] and references to typical figures follows:
[(i) Minimum use driveway, see Figure 7. A driveway normally used by not more than 25 vehicles per day, such as:
(A) single family dwellings, duplex houses; or
(B) apartments with five units or less.
(ii) Low volume driveway, see Figure 8. A driveway normally used by more than 25 vehicles per day but less than 750 vehicles per day, such as:
(A) office buildings;
(B) elementary and junior high schools; or
(C) car washes.
(iii) Medium volume driveway, see Figures 9, 11, and 12. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as:
(A) motels;
(B) fast food restaurants; or
(C) service stations and small shopping centers or plazas.
(iv) High volume driveway, see Figure 10. A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as:
(A) large shopping centers; or
(B) multi-building apartment or office complexes.]
(i) Minimum use driveway, see Figure 9-1. An access having an ADT of not more than 50.
(ii) Low volume driveway, see Figure 9-2. An access having an ADT of more than 50 but less than 1,500.
(iii) Medium volume driveway, see Figure 9-3. An access having an ADT of at least 1,500 but less than 3,000.
(iv) High volume driveway, see Figure 9-4. An access having an ADT of 3,000 or more.
(2) The applicant shall use the design features described in this section and illustrated in the [attendant] figures [are to be used by the applicant in designing] at the end of this section and § 441.9 (relating to typical access layout figures) to design the [driveway] access plans which accompany the application. [Dimensions shall be selected] The applicant shall select dimensions from the range of values [shown on the appropriate figure, unless site conditions warrant a deviation] provided in this chapter. The Department may require design details which [are more stringent than] differ from those specified in this chapter [to insure the safe and efficient operation of any proposed driveway] to provide acceptable operation and safety, consistent with site development. Design details which differ from those specified in this chapter must be consistent with the AASHTO publication entitled ''A Policy on Geometric Design of Highways and Streets,'' current edition, and the Department's Design Manual, Part 2.
(3) [Figures 7, 8, and 9 show two sets of design values. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed.] A change to the alignment, grade or cross section of a State highway, resulting from construction of an access, shall be made consistent with Design Manual, Part 2.
(b) Angle of access [driveway] approach. Angle of access [driveway approach] approaches [shall] must include the following:
(1) Access [driveway] approaches used for two-way operation [shall] must be positioned at [right angles, that is,] 90 degrees[,] to the highway or as near thereto as site conditions permit[, except as authorized in Figure 11].
(2) When two [access] driveways are constructed on the same property frontage and used for one-way operation, each of these driveways may be placed at an angle less than [a right angle] 90 degrees, but not less than 45 degrees to the highway, except that along divided highways where no openings are allowed in the median the minimum angle of [an exit] a driveway may be 30 degrees[, as shown in Figure 12].
(c) Driveways adjacent to intersections. Driveways serving properties located adjacent to a highway intersection shall be subject to the following:
(1) There shall be a minimum [ten] 10 foot tangent distance between the end of the intersecting highway radius and the beginning radius of [the first] a permitted driveway.
(2) The distance from the edge of pavement of the intersecting highway to the beginning radius of [the first] a permitted driveway shall be a minimum of [20 feet on curbed highways and] 30 feet [on uncurbed highways].
[(3) Paragraphs (1) and (2) of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible.]
(d) Property line clearance.
(1) Except for joint-use driveways, no portion of [any] an access [shall] or structure must be located [outside] in front of the property [frontage boundary line] of another person unless the applicant, at the expense of the applicant, submits a release executed by each affected property owner, in favor of the Department and in a form acceptable to the Department. Releases must be notarized and recorded, by and at the expense of the applicant, in the county office of the Recorder of Deeds.
(2) Except for joint-use driveways, no portion of an access or structure may be located on the property of another person.
(e) [Multiple] Adjacent driveways. [Multiple driveways serving the same property must] Adjacent driveways shall be separated by a minimum distance of [15 feet measured along the right-of-way line and] 20 feet [measured along the shoulder, ditch line, or curb] between the near end of each driveway radius. When the distance between [multiple] adjacent driveways is 50 feet or less [measured along the shoulder or ditch line] between the near end of each driveway radius, the permit may require this area [between shall] to be clearly defined by [permanent curbing] curb or other approved structures, in accordance with subsection (g). [This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. It shall be extended around the driveway radii to the right-of-way line.]
(f) Site requirements. Site requirements shall be as follows:
(1) All [nonresidential] buildings and structures shall be located a sufficient distance from the right-of-way line to provide ample driving area and parking off the right-of-way, to prevent storage of vehicles on the access [driveways], and to prevent the back-up and turning of vehicles on the highway [pavement].
* * * * * (3) [Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation.
(4)] The area [between the right-of-way line adjacent to and] on both sides of [a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property. This area shall] an access must remain free of [any] vehicles, structures, foliage and other obstructions which may interfere with a clear line of vision for entering or exiting vehicles, in accordance with subsection (h).
(4) Unless determined otherwise by a queuing analysis acceptable to the Department, the distance from the edge of roadway to internal access for parking areas and internal roads must be at least 75 feet for medium volume driveways and at least 150 feet for high volume driveways. To prevent conflicting traffic movements, a raised median or curb may be required by the Department.
(g) [Curbing] Curb and other approved structures. Requirements for [curbing] curb and other approved structures shall conform with the following:
(1) The [permit] Department may require the installation of [curbing wherever it is required] curb or other approved structures to control access or drainage, or both. [All curbing must be permanent curbing, as defined in § 441.1 of this title (relating to definitions).]
(2) [Where] If property abutting the right-of-way line could be used as a parking area, the [permit] Department may require [curbing, permanent guardrail, or fencing] curb or other approved structures to be [constructed along the right-of-way line in order] placed along the property frontage to prohibit vehicle encroachment upon the [sidewalk or shoulder area] right-of-way.
(3) If [, in the opinion of] the Department[, there is a high probability] anticipates that vehicles would otherwise utilize a portion of the property frontage, other than the [approved] driveway, to gain access to the property, the [permit] Department may require [curbing or other physical barriers] curb or other approved structures to be constructed.
(4) [When curb exists adjacent to the proposed driveway, the line and grade of the existing curb shall be matched, unless otherwise authorized by the permit.] The prevailing curb line shall be continued along the property frontage if curb is being constructed or replaced. If curb is being constructed and there is no prevailing curb line, curb shall be placed consistent with Design Manual, Part 2.
(5) Curb must comply with requirements and standards of the Department, including Roadway Construction Standards RC-64M, RC-65M, RC-66M and RC-67M.
(h) Sight distance. Conditions for sight distance shall be as follows:
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