Proposed Regulation Updates. Pa Code, Title 67, Chapter 441. Access to and Occupancy of Highways by Driveways and Local Roads

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1 Proposed Regulation Updates Pa Code, Title 67, Chapter 441 Access to and Occupancy of Highways by Driveways and Local Roads

2 Chapter 441 update History Last update occurred in attempted update Major changes Produced numerous comments from public and IRRC 2012 attempted update Few changes Produced zero comments from public and handful from IRRC Regulation sunset

3 Chapter 441 update Objective Simplify and Streamline Catch-up with current practice Update references

4 Chapter 441 update Summary of proposed updates Who may apply for a driveway/local road permit Electronic submissions Sight distance requirements Automatic Indemnification Driveway located outside of the property frontage boundary line Driveway illustrations Other updates

5 Who may apply for a driveway/local road permit

6 Chapter 441 update Who may apply Who may apply for a driveway/local road permit Existing definition Fee owner or 15 year lessee Proposed definition Fee owner, 15 year lessee, or a person who holds an estate or other legal interest in property allowing the use contemplated in the permit such as an easement or mineral estate.

7 Chapter 441 update Who may apply Existing procedure SOL Applications submitted in the name of the owner of the property. If not fee owner or 15 year lessee, M-950 RFO signed by owner, or Execute indemnification form Proposed procedure Applications submitted in the name of the fee owner or person with legal interest If not the fee owner, Applicant notifies fee owner that an application was submitted, and Automatically indemnifies the Commonwealth (eminent domain)

8 Electronic submissions

9 Chapter 441 update Electronic submissions Existing Application submitted in person or by mail Include five sets of plans and associated documentation Accompanied by check or money order Proposed Application submitted via Electronic Permitting System (epermitting/eps) One set of plans and associated docs. Payment method acceptable to PennDOT

10 Sight distance requirements

11 Chapter 441 updates Sight distance Existing requirements Desirable Sight Distance Driveways per 67 Pa Code, Chapter 441 Tables Local Roads Intersection Sight Distance per current DM-2 (AASHTO) Minimum Sight Distance Based on Stopping Sight Distance (also in 67 Pa Code, Chapter 441) and reflected on PennDOT Form M-950S (old AASHTO formula).

12 Chapter 441 updates Sight distance Existing requirements Stopping Sight Distance Formula SSD = 1.47 V * t + V 2 / (30 * (f ± g)) Where: SSD = Stopping Sight Distance V = Speed of vehicles on major roadway t = Perception time (typically 2.5 seconds) f = Wet friction of pavement (typically 0.30) g = Percent grade divided by 100

13 Chapter 441 updates Sight distance Proposed requirements Driveway Sight Distance and Intersection Sight Distance will be reconciled Requirements for any low, medium, or high volume driveway will be the same as the requirements for a local road and measured the same Confusion should be greatly reduced

14 Chapter 441 updates Sight distance Proposed requirements Desirable Sight Distance Driveways & Local Roads Intersection Sight Distance per DM-2 (AASHTO) Minimum Sight Distance Based on Stopping Sight Distance reflected on updated PennDOT Form M-950S & current AASHTO formula. SSD = 1.47 V * t + V 2 / (30 * [(a/32.2) ± G]) V = Speed of vehicles on major roadway t = Perception time (typically 2.5 seconds) a = Deceleration rate (11.2 ft/s 2 ) g = Percent grade divided by 100

15 Chapter 441 updates Sight distance Proposed requirements All sight distance (except minimum use driveway) will be measured 14.5 feet from the edge of road If achieving intersection sight distance at 14.5 feet is impractical or infeasible, less than 14.5 feet or stopping sight distance may be accepted

16 Chapter 441 updates Sight distance Proposed requirements An object with a height of 2.0 feet located 30 feet from the centerline of a driveway / local road will be assumed for a left turning vehicle when measuring sight distance for a trailing vehicle

17 Chapter 441 updates Sight distance Proposed requirements A driver s eye height of 3.5 feet high located 18 feet from the centerline of a driveway/ local road will be assumed for a left turning vehicle when measuring sight distance to an opposing vehicle

18 Chapter 441 updates Sight distance Summary Existing 10 foot offset Object height for Case B = 3.5 feet SSD = 1.47 V * t + V 2 / (30 * [f ± 25 mph = mph = mph = 538 ft Proposed 14.5 foot offset Object height for Case B = 2.0 feet SSD = 1.47 V * t + V 2 / (30 * [(a/32.2) ± 25 mph = mph = mph = 493 ft

19 Automatic Indemnification

20 Chapter 441 updates Automatic Indemnification There are 3 situations that may require Indemnification Drainage impacts to property of others [441.3(h)] Waiver of design requirements [441.5(e)] Access impacts (lane in front of property) [441.8(j)(5)] Current forms: M-950 ID M-950 IDW M-950 IA

21 Chapter 441 updates Automatic Indemnification Proposal is to write language in regulation that automatically indemnifies PennDOT if unsuccessful at securing approvals or requesting a design waiver. A condition will be added to the permit similar to: PERMITTEE INDEMNIFIES THE COMMONWEALTH AGAINST ANY ACTION WHICH [AFFECTED PROPERTY OWNER(S) NAME] MAY BRING AGAINST THE COMMONWEALTH RELATING TO THE INCREASE IN THE FLOW OF WATER ONTO HIS/HER/THEIR PROPERTY AS A RESULT OF THE ISSUANCE OF THIS PERMIT.

22 Access located outside property frontage boundary line

23 Chapter 441 updates Access outside property boundary Existing Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line. Proposed Except for joint use driveways, no portion of any access shall be located outside of the property frontage boundary line unless a release is submitted with the application.

24 Driveway Illustrations

25 Chapter 441 updates Driveway illustrations Driveway layout illustrations will be removed References will be provided to PennDOT standards: Publication 282 Roadway Construction Standards Design Manual, Part 2

26 Chapter 441 updates Driveway illustrations Increase flexibility for applicants

27 Other Updates

28 Chapter 441 updates Work zone traffic control requirements made consistent with Chapter 212 and Publication 213 Update references and definitions so the terminology is consistent with current Department usage in other regulations, policies and publications No proposed changes to permit fees

29 IRRC Timeline Regulation Reviewed by: OCC OGC Legislature Governor s Policy Office IRRC Public

30 IRRC Timeline 30 day public comment period IRRC delivers comment to PennDOT 30 days after Public Comment period PennDOT responds to comments, delivers final regulation to IRRC IRRC acts at public meeting within 30 days Regulation is final and published in Pa. Bulletin