Pennsylvania Code › 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 › Section 441.3 - Permit application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. No
					 driveway, local road or drainage facility or structure shall be constructed or
					 altered within State highway right-of-way and no drainage facility of the
					 Department may be altered or connected onto without first obtaining a permit
					 from the Department. A permit may not be required for maintenance.
(b)
Who may apply for a
					 permit
. Permit applications shall be submitted in the name of the
					 owner of the property. If the applicant does not hold fee title to the
					 property, the applicant shall notify the fee title holder that an application
					 has been submitted.
(c)
Where to submit application
. Permit applications shall be
					 submitted to either the district or county office having jurisdiction over the
					 county in which the proposed work will be performed.
(d)
When to submit
					 applications
. Permit applications shall be submitted 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.
(e)
Application procedure and
					 required information
. Permit applications:
(1) Shall be submitted in person or by mail
					 on a properly completed Department Form M-945A.
(2) Shall be signed by the
					 applicant.
(3) Shall include five
					 sets of plans, of a quality sufficient for microfilming, detailing the location
					 and pertinent dimensions of both the proposed installation and related highway
					 features.
(4) Shall 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).
(5) Shall be submitted to
					 the Department at least 30 days prior to the anticipated start of
					 work.
(6) Shall contain proof that
					 the applicant is an owner. The proof shall be in the form of a copy of the
					 valid legal document or court order verifying the applicant's legal estate or
					 interest in the property.
(7)
					 Shall, when submitted by an applicant other than a fee title holder, contain:
(i) Proof of one of the following:
(A) The fee title holder consents to the
					 application.
(B) The applicant
					 provided written notice of the submission of the application to the fee title
					 holder apprising the fee title holder of the administrative rights relative to
					 the permit application under 1 Pa. Code §§
														35.23,
					 35.24 and
					 35.27-35.32. The Department will not
					 grant or deny the permit application until 30 days after receipt of the written
					 notice by the fee title holder.
(ii) A signed written statement, whereby the
					 applicant agrees to indemnify and defend the Commonwealth (if requested) from
					 all suits, damages, claims and demands of any type whatsoever by the fee title
					 holder of the property because of granting the permit to the applicant, such as
					 a failure of the permittee or other person to comply with the permit or any
					 other statutes, ordinances or regulations in connection with the
					 permit.
(iii) Proof that the
					 applicant executed and recorded in the Office of the Recorder of Deeds in the
					 appropriate county or counties, a covenant running with the land providing that
					 all subsequent purchasers, heirs, assigns or transferees of the property take
					 the property subject to the indemnification in subparagraph (ii), unless
					 released by the Department.