67 Pa. Code § 441.5 - Issuance of permits
(a)
General rule. Upon application duly made, in accordance with
this chapter, a permit will be issued by the appropriate district office,
subject to this chapter and the conditions contained on the permit and its
attachments and supplements. The permit will be the authority of the applicant
to proceed with the work and will also serve as a receipt for the fees
accompanying the application.
(b)
Permit issued only to property owner. Permits will be issued
only to the owners of the property. Permits will not be issued to contractors
of the property owner nor to any person other than the owner of the
property.
(c)
Permits not
issued for certain structures. Permits will not be issued for bus stop
shelters or phone booths, or for advertising signs, liquid fuel pumps, loading
platforms, weight scales, or any structure which the Department deems not
proper for occupancy of the right-of-way. However, the Department may authorize
bus stop shelters or phone booths by written agreement.
(d)
Permits not issued for certain
highways. Permits will not normally be issued for occupancy of or
access to any limited access highway. In exceptional cases, the Department in
conjunction with the Federal Highway Administration, where applicable, may make
exceptions.
(e)
Waiver of
design requirements. Waiver of design requirements shall be as
follows:
(1) If any design requirement set
forth in this chapter cannot be met, the director may waive the requirement if
the following conditions are satisfied:
(i) no
other reasonable access is available;
(ii) The applicant has done all that can
reasonably be done to satisfy the design requirements;
(iii) if additional land is required, the
applicant provides satisfactory evidence that it cannot be purchased at a
reasonable price;
(iv) no traffic
problem will be created; and
(v)
the applicant executes an indemnity agreement satisfactory to the
Commonwealth.
(2) In the
case of a temporary access for extracting natural resources for a period of no
more than one year, any design requirement set forth in this chapter which
cannot be met may be waived by the district engineer, provided conditions (i),
(ii), (iii), and (v) of paragraph (1) of this subsection are
satisfied.
(f)
Permit requiring agreement. Where the applicant will be
required to perform a substantial amount of work, the Department may require
the applicant to execute an agreement as a prerequisite to issuance of the
permit.
(g)
Requesting
permit time extension. A permit shall be valid for a six-month period
or multiples thereof as specified on the permit. If the permittee has not
completed all authorized work by the completion date specified on the permit,
an application shall be submitted requesting a time extension. If approved, a
supplement may be issued by the district office, authorizing work to continue
for an additional six-month period.
(h)
Work completion
notification. When all permitted work has been completed, the
self-addressed post card (Form M-945G) which accompanies the permit shall be
mailed to the district office.
(i)
Permanent permit microfilm record. The permit, together with
plans, relevant correspondence, and any supplements issued, will be
microfilmed, and the microfilm record will be retained in the central permit
office.
Notes
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