(1)
Review of Engineering Plans. The District Highway
Director shall require that engineering plans and specifications provide for
safe and efficient access, which protects the operational integrity of the
MassDOT roadway or property. Plan review and approval shall be based on the
standards in the most recent Manual on Uniform Traffic Control Devices (MUTCD),
including the most recent Massachusetts Amendments, MassDOT's Project
Development and Design Guide or its successor, MassDOT's Standard
Specifications for Highways and Bridges, and any then current technical
policies or engineering directives, or other manuals and design guides issued
by MassDOT. For Drainage Tie-in applications, all plans and documents shall
follow MassDOT's Drainage Tie-in Standard Operating Procedures, as may be
amended from time to time.
(2)
Permit Conditions. The District Highway Director shall
condition a Permit to facilitate safe and efficient traffic operations, to
mitigate traffic impacts, to address aesthetic considerations, and to avoid or
minimize environmental damage during the construction period and throughout the
term of the Permit. Such conditions may include, but not be limited to:
(a) Necessary limitations on turning
movements;
(b) Necessary measures
to ensure the safety of pedestrians, motorists, and those engaged in the
Project, work or activity contemplated under the Permit;
(c) Restrictions on or requirements for the
number and configuration of access points to serve the land parcel;
(d) Vehicle trip reduction techniques to be
implemented for the development;
(e) Necessary and reasonable efforts to
maintain existing levels of service;
(f) Design and construction of necessary
highway improvements by the Permittee;
(g) Prescribed restoration measures to ensure
the roadway, pavement markings, shoulder, traffic control devices, signs,
guardrail, and all impacted highway devices and appurtenances are returned to a
condition better or equal to the condition prior to commencement of the
permitted work.
(h) Reimbursement
by the Permittee of costs of MassDOT inspection of highway improvement
work;
(i) The requirements of the
Section 61 Finding of MassDOT, including the implementation of Transportation
Demand Management measures and Transportation Monitoring Program, where
applicable; and
(j) The
requirements of the UAP, where applicable.
(3)
Design
Exceptions. MassDOT recognizes certain design criteria that, if
not met, require formal approval of design exceptions. These criteria are
listed in the Massachusetts Department of Transportation Project Development
and Design Guide and in MassDOT Engineering Directive E-14-006, as may be
amended from time to time. Sufficient documentation of design exceptions is
required to demonstrate that sound engineering judgment was used to design the
improvements. Documentation shall be prepared in accordance with the MassDOT
Project Development and Design Guide and the most current guidance available by
MassDOT, and shall be signed by a Professional Engineer registered in the
Commonwealth of Massachusetts. All design exceptions must be approved by the
Chief Engineer. In addition, any proposed work that does not meet the
pedestrian and bicycle accommodation requirements of the MassDOT Healthy
Transportation Policy Directive, as detailed in MassDOT Engineering Directive
E-14-006, must be approved by the Secretary of Transportation. If a design
exception is sought as part of a Permit, an additional 20 business days beyond
the time allowed in
700 CMR
13.03(5)
shall be provided for review of the
submission.
In addition to exceptions from design criteria, any exceptions
to full compliance with 521 CMR: Architectural Access Board,
must also be identified in the Access Permit. The Applicant is responsible for
obtaining all necessary variances and approval of design plans and constructed
elements from the local access board. MassDOT shall not issue any Permit that
is not in compliance with 521 CMR and the MassDOT Healthy Transportation Policy
Directive, where applicable.
(4)
Review of Related
Projects. Permit applications shall be reviewed in the context of
the section(s) of state highway that is (are) affected by traffic to be
generated by a Project for which a Permit is sought. Whenever practical, the
District Highway Director shall coordinate review and issuance of Permits for
multiple Projects in proximity to each other in order to facilitate safe and
efficient traffic operations and to avoid or minimize adverse environmental
impacts. In cases where a proposed access is to be shared by multiple
development sites, the Applicant(s) shall provide evidence of the rights of
access between the parties involved prior to the issuance of the Access Permit.
In these cases, an Access Permit shall be issued for each development site
under separate ownership.
(5)
Section 61 Finding. For all Projects that receive EEA
certification of a Final EIR, which was scoped for a MassDOT Access Permit,
MassDOT will issue a Section 61 Finding at the Applicant's request within 25
business days for Category II Projects or 40 business days for Category III
Projects. The Section 61 Finding shall indicate that MassDOT has completed its
review of the Project in the context of MEPA and that the proposed land use is
approved by MassDOT subject to the conditions outlined in the Finding. Phased
Section 61 Findings may be required under an approved phase-waiver
certification issued by the Secretary of EEA. The Finding shall be incorporated
by reference into any Permit to be issued by MassDOT for the Project. The
requirement to issue a Section 61 Finding and a Permit does not preclude the
issuance of a Temporary Access Permit under
700 CMR
13.05(2). The Section 61
Finding will specify the driveway access and off-site mitigation measures
necessary for initial occupancy of the Project. Additional mitigation measures,
if any, and the construction timing of these additional measures may also be
specified in the Section 61 Finding. Plan review of the measures not required
for initial occupancy shall not delay the issuance of the Permit for the
Project for this initial occupancy.
(6)
Other Design Features and
Considerations. In accordance with 700 CMR
13.04(4), MassDOT may
require the Applicant to include design and development features that are in
keeping with GreenDOT goals and Climate Change Mitigation and Resiliency
Measures; where deemed suitable/practicable given the context of the project
and surrounding development and roadway features. Examples include, but are not
limited to, a compliment of electric vehicle charging stations, bike racks,
sidewalks and multiuse paths, bus shelter(s), employee transit service, and
design features to reduce impact of climate change.