PennDOT Highway Occupancy Permits

7/13/2016
PBI Land Use Institute
PennDOT Highway Occupancy
Permits
July 13, 2016
www.dot.state.pa.us
Presenters
Francis J. Hanney
PennDOT District 6-0, Traffic Services Manager
Tel: 610.205.6560; Email: [email protected]
Casey A. Moore, P.E.
McMahon Associates, Inc., Vice President
Tel: 215.283.9444; Email: [email protected]
Greg Richardson, P.E.
Traffic Planning & Design, Inc., Executive Vice President
Tel: 610.326.3100; Email: [email protected]
Kimberly A. Freimuth, Esq. (Moderator)
Fox Rothschild LLP, Partner
Tel: 215.918.3627; Email: [email protected]
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Presentation Outline
•
Introduction to Highway Occupancy Permits (HOP) and Process
•
Right-of-Way Dedication
•
Property Owner Impacts
•
Condition Statements vs. Permit Conditions
•
Municipal Role in the HOP Process
•
Municipal Perspective
o Secondary HOP for Stormwater Maintenance, Land Development/Phased
Projects, Act 209, Signal Systems
•
Private Perspective
o Scoping Applications, Developer’s Agreements, Example Project Info.
•
Question and Discussion
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HOP Permit Application / Procedure Process
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Title 67 (PA Code) Chapter 441
Chapter 441
"Access to and Occupancy of
Highways by Driveways and
Local Roads"
August 1996
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Chapter 441 – Access to and Occupancy of
Highways by Driveways and Local Rules
Ground Rule of Purpose:
"It is in the public interest to regulate the location,
design, construction, maintenance and drainage of
access driveways, local roads, and other property
within the state highway right-of-way for the
purpose of security, economy of maintenance,
preservation of proper drainage and safe and
reasonable access."
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Chapter 441 (cont’d)
General Rule of Procedure:
"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
into without first obtaining a permit from the
Department. A permit may not be required for
maintenance."
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PennDOT District Map
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PENNDOT HOP Forms and Resources
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PENNDOT HOP Forms and Resources
(cont’d)
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PennDOT ePermitting System (EPS)
Overview
All applications to the Department are now submitted electronically
via EPS. EPS allows for HOP applications to be processed online.
The web-based system:
• Eliminates the need to mail paper forms and documents
• Allows Engineering Firms to collaborate online with the Applicant
Team and Department Staff with paperless attachments and email
notifications
• Eliminates the need for multiple copies and mailings of hard copies
• Improves review efficiency and speed
• Decreases the time from application to permit issuance
• Enables fast application organization and tracking
• Generates electronic permits available for printing
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PennDOT HOP Review Process
Scoping Application to Traffic Unit
Comments Provided/Addressed
TIS/HOP Submission
Review Commences
Returned for Revisions
Routed to
County/Traffic/Review
Consultant Staff as Applicable
Review Completed
or
Application Processed by Permits Unit
Application Acceptable
Permit Issued
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HOP and Land Development Process
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What if Right-of-Way (ROW) is needed as
part of the Project Design?
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ROW Dedication Process
• Start the property owner notification process and ROW Dedication
process as early as possible.
• ROW “Short” process (M950D1, 8.5”x11”, Plot plan) and Recording
Prior to Permit Issuance [District 6-0 Practice]
o
o
Still requires ROW to be acquired amicably
ROW Dedication still needed, but can happen after permit issuance
• ROW “Long” process: Standard ROW Dedication Plans and Review
by PennDOT District and Central Offices
o
o
Required prior to permit issuance in most Districts
Required prior to completion of construction and before any request for
escrow release in District 6-0
 Escrow will not be reduced until the Dedication process has been
completed. This is a condition on permits that require ROW
dedications.
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ROW Dedication Process
• ROW via Condemnation: compensation is an issue and “short”
process not fully applicable.
o
o
PennDOT has to authorize a municipality to condemn ROW.
ROW plans in this case must now be approved “first” or prior to permit
issuance and now becomes critical path item.
• Limited Access ROW
o
o
Buckingham Retail Properties Project Example (Falls Twp.)
Minister Creek Mixed Use Development Example (Douglas Twp.)
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Buckingham Retail Property Project
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Minister Creek Mixed Use Development
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Property Owner Impacts
• Start the property owner notification process as early as possible.
• Property Owner Notifications are needed for all properties adjacent
to the proposed improvements within the limits of work.
• Property Owner Approvals are required for auxiliary turn lanes
installed along a property frontage
• Affected Property Owner Approvals (i.e. for auxiliary turn lanes,
etc.) must be in accordance with SOL 470-12-04.
o Include the M-950R1 worksheets with the submission materials.
o The Department will not entertain indemnification until the “Due
Diligence” process is fully complete per SOL 470-12-04.
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M-950R1 Worksheet
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Sample ROW Plan
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Sample ROW Plan (Close-Up)
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Condition Statements vs. Permit
Conditions
Condition Statements
• Required when project specific engineering/design post-permit
issuance “action” items and memorialized applicant commitment
needed (i.e. post-development studies, improvements tied to
multiple phases, off-site improvement(s) that “stand-alone”, but are
required to be constructed in conjunction with main HOP permitted
improvements, etc.)
• Example will be presented later in this presentation
Permit Conditions
• Essentially reinforce the more standard/general applicant
requirements as noted/pointed out/commented on during the
review process (i.e. need for ROW Dedication plans before escrow
release/close-out of permit, need for as built ADA curb ramp
inspection forms, site access restrictions, etc.
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Municipal Role in the HOP Process
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Municipal Interaction During HOP
• Starts at the Scoping Process for any required Traffic Impact Study
and/or Highway Occupancy Permit
• Expect/Need Municipality presence at meetings
• Municipal Review Letters Needed (land development approval
document or letter of acknowledgement no longer suffices)
• Municipality copied on PennDOT HOP and Signal Permit review
letters. Use of EPS to fullest extent.
• Collaborative and Interactive Process between the Applicant, the
Department and the municipality is a key objective to success
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Municipal Perspective – Key Items
• Land Development Approvals & Phased Projects
o
o
Require condition statements
Be sure PennDOT is copied on Developer Agreements having critical
conditions and phasing of transportation infrastructure improvements
required for mitigation of impacts
• Separate HOP Application for Stormwater Management Policy
o
o
o
Required prior to issuance of the Main HOP
Reference Provided Handout for full DOT Policy
Overview of 5 different scenarios
• ACT 209 and HOP Process
•
•
Fair Share Contributions not recognized by PennDOT
Act 209 Traffic Impact Fees are recognized by PennDOT
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Appendix B2 – Storm Water Facility Guidebook
•Identifies storm water facility
categories and gives examples
•Identifies alternative storm water
designs to avoid HOP
•Co-applicant agreements
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Appendix B2 – Storm Water Facility Guidebook
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Appendix B2 – Storm Water Facility Guidebook
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How is Act 209 Applicable to the PennDOT Process?
• PennDOT study requirements
are separate
• Must incorporate provisions of
municipality's adopted land use
assumptions report and
transportation capital
improvement plan
• Improvements from PennDOT
TIS must be designed to meet
"preferred LOS“
• Off-site improvements to be
constructed as part of
municipality's CIP under Act 209
should be noted
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Municipal Perspective
• Signal System & System Technology
o Signals are owned and
maintained by the Municipality
o Changes are not always
isolated to the Signal physically
modified by the roadway
improvements. Need to think
about the System
o Reason why “off-site”
intersection system plans &
adaptive, etc. are necessary
and more common
o ADA Compliance when
improving a Signalized
Intersection
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Private Perspective
•
Scoping Applications
– Purpose: To obtain preliminary project feedback from PennDOT prior to formal
submission of the HOP
– Depending on the level of comments derived from the Scoping Application, a
meeting (meetings are not automatic) is not always required
•
Formal HOP Submission
•
Phased Developments/Improvements
– Concurrent Reviews – PennDOT and Municipalities
– Phased Improvements and Condition Statements
– Project Coordination with Planned Public/Private Roadway Improvement Projects
– Example: Centre Square Commons (Whitpain Township, Montgomery County)
•
•
Right-of Way Acquisition
Municipal Role in HOP Process
– Stormwater Agreements
– Traffic Signals/Easements
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Condition Statement Example
(Center Square Commons)
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Project Coordination Example
(Center Square Commons)
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Questions and Discussion
www.dot.state.pa.us
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