, Processing of Permit Applications

, Processing of Permit Applications. PREPARATION OF APPLICATIONS All applications described in SECTIONS 400 through 406 above shall be submitted in a neat, legible manner, with all information including drawings, special notes, signatures, dates and notarizations typewritten and/or in non-smearing blue or black ink of a quality suitable for microfilming or scanning. Department forms specified in SECTIONS 400-405 above must be used, with no exception. Project plan sheets, cross section sheets or data submitted on other than the specified forms will not be accepted. The Department’s electronic permit form system may be used if available. EXECUTION Applications shall be executed by owners, corporate officers, or authorized government officials as applicable. All applications shall be notarized unless a master agreement is held with the applicant. Persons with powers of attorney may execute applications, provided that a copy of the power of attorney is filed with the application. EXTENSION OF PERMIT All encroachment permits are issued for a period of one (1) year after date of approval by the Deputy Executive Director-Chief Engineer. Upon expiration of the permit, no further work will be allowed by the applicant except as authorized, in writing, by an extension not exceeding one year or by a new permit. An extension of the performance bond will be required when the permit is extended or renewed. Before granting an extension or issuing a new permit, the application will be reviewed by the District Engineer for conflicts with any planned construction by the Department. PERFORMANCE BOND REQUIREMENTS Any encroachment permit involving work on the roadway or on the roadside may be required to be secured by a properly executed Performance Bond, Form MND-603, certified check or cashier’s check. The amount of bond for each permit will be based upon the estimated cost to repair such damage as may occur from the proposed work and/or the failure of the applicant to complete the work shown on the permit in accordance with the terms and conditions of the permit. The amount of bond required will be determined by the District Engineer. Each bond will cover only one (1) permit application. The permit application will not be approved until the Performance Bond has been approved as set out in SECTION 803 below. Permits submitted to the Department by non-government entities for grading on the Interstate Highways must be secured by a Performance Bond in the minimum amount of $5,000.00. All Performance Bonds, Form MND-603, and the permit application must be submitted to the District Engineer for review. Upon finding all documents in order, the District Engineer will follow the processing procedure for the Performance Bond as outlined in Rule 37.I.7501.04009, Instructions for Processing Form MND-603, Performance Bond. The processing of a permit requiring a Performance Bond is outlined in Rule 37.I.7501.03001, Processing of Permit Applications. FEDERAL LANDS All permit applications for the erection or construction of any utility (above or below ground) or private service along or across the right of way of a state highway, if right of way was obtained from the National Forest Service, the National Park Service, the Bureau of Indian Affairs, the Corps of Engineers, or any other Federal agency, must be approved by the appropriate Federal agency before being presented to the Department. A Federal agency will only give the Department a “Special Use Permit” or a “Highway Easement Deed” to the highway right of way and retain fee simple title in such rights of way. MUNICIPALITIES 1000 All permit applications for any utility or private service or other encroachment on a highway, the right of way of which has been taken over from a municipality for maintenance, should be approved by the municipality before being presented to the Department for approval. If the right of way for a highway inside a municipality was purchased by the Department, it is not necessary to secure approval of the municipality. WHEN WORK MAY BEGIN 1100 No work shall be undertaken on the state highway right of way until the applicant has received a copy of the approved permit. A copy of the approved permit shall be kept on the job site at all times when work is in progress. Notice shall be given to the Department before any work on the right of way is begun. ALTERATION OF PERMIT 1200 No work to be performed on a state highway, or the right of way thereof, as an exercise of an approved permit, may be relocated or altered without such change being shown on an approved revision of the permit or approved addenda thereto. CONTROL OF WORK 1300 When work proposed to be done on state highway right of way is of considerable scope or requires exact location as to line or grade, such as utility lines, extensive grading, or drainage, the proposed work will be staked by the applicant in order to facilitate field inspection by the Department, which is required prior to approval of the application. The approved work shall be staked ahead of construction so as to provide direction for construction personnel. RIGHT OF WAY MARKER REPLACEMENT 1400 If the proposed work requires that the right of way marker(s) have to be lowered or temporarily removed, a Mississippi registered land surveyor shall place reference points by which the right of way markers are replaced. The applicant has the responsibility, and cost thereof, for furnishing the surveyor to perform the work necessary to replace the markers. 1401 The applicant shall furnish MDOT with the necessary documentation from the Mississippi licensed surveyor stating that the subject right of way marker(s) have been replaced in accordance with the Mississippi surveying rules and regulations SEEDING AND SODDING 1500 The District will determine the requirements for establishing satisfactory ground cover when graded and/or disturbed areas are involved. 1501 When small areas are disturbed, stockpiling and/or spreading of topsoil over the finished work and sowing of various seeds may be acceptable. Watering may be required. 1502 Where large areas are involved, a more detailed vegetation schedule will be required. 1503 The applicable sections of the Mississippi Standard Specifications for Road and Bridge Construction, Current Edition, will be used as a reference. 1504 All areas of the Department’s right of way that are graded and/or disturbed must be neatly dressed and grassed to prevent erosion and blend with adjacent right of way areas. 1505 In order to make vegetation schedules as uniform as possible, a recommended example is a follows: VEGETATION SCHEDULE 1600 All soil preparation, fertilizing, sprigging, seeding and work applied to same shall be in accordance with the following procedure and schedule: 1. SHAPE AREA. Shape all areas to typical cross section and dress same as required by the permit. 2. SPREAD FERTILIZER AND PREPARE SEED BED. The required fertilizer and agricultural limestone shall be spread uniformly over the area to be top seeded. After the fertilizer and limestone has been spread, the area shall be thoroughly pulverized and the fertilizer incorporated in the top four (4) inches of the graded areas. 3. KIND AND QUANTITY OF FERTILIZER. Fertilizer and agricultural limestone shall be applied at the following rates: Combination Fertilizer - 13-13-13 - 800 lbs. per acre Agricultural Limestone - 2 tons per acre 4. SEEDING AND/OR SODDING. Seeding and/or sodding is required on disturbed areas specified in the permit or by a representative of the Department. All areas should receive seeding as follows: Common Bermuda - 15 lbs. per acre - year round Bahia - 30 lbs. per acre - year round Fescue (Ky.31) - 20 lbs. per acre - August 1-April 1 Crimson Clover - 15 lbs. per acre - August 1-April 1 No crimson clover or bahia grass is to be planted in the Delta and no Bahia grass is to be planted in city sections. 5. MULCH. All areas shall be covered with a baled straw (oat, wheat, rice barley, etc.) at the rate of 1.5 to 2.0 tons per acre. The mulch shall be dry and free of weeds. The mulch shall be spread and anchored in such a manner as to give a uniform cover over the entire area. 6. REFERTILIZATION. Sixty (60) days after the grass has been planted, vegetated areas shall receive additional fertilizer. Refertilization shall be applied at the rate of 500 lbs. of 13-13-13 per acre or 250 lbs. of ammonium nitrate per acre when deemed necessary by the Department. 7. MAINTENANCE. The permitee shall maintain the grassed areas in a satisfactory manner until a good growth is assured and final acceptance is made by the Department. Maintenance work shall include watering (when necessary), restoring the replacing grass, filling washes and mowing, if necessary. 8. SATISFACTORY GROWTH. When grass or grasses have overlapping growth, the area shall be considered to have satisfactory growth. 1601 The Maintenance Division will keep the above vegetation schedule on the MDOT Intranet system. The District may download the vegetation schedule file and select and print the portion that is applicable to the specific permit on Form MND-005, Supplemental Form for Additional Sheets for MND-001, MND-002, and MND-004 or on Form MND-003, Attachment A, Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements. The vegetative schedule will be updated by the Maintenance Division, as necessary, when the District advises the Maintenance Division of a specific need for a modification. The District may modify the vegetation schedule as listed on the MDOT Intranet system to fit the needs for the type of work involved and location thereof. However, it is recommended that the format be followed to maintain uniformity throughout the State. GENERAL INFORMATION REQUIREMENTS 1700 A plan and cross section or elevation of the proposed construction is to be shown on the application form. The site of the proposed construction is to be referenced by distance to the nearest culvert, bridge, or prominent cross road and also the nearest municipal limit, to the tenth of a mile, if such limit is within reasonable distance. All information necessary to convey knowledge of what is to be done, how it is to be done, and where it is to be done is to be shown on the application form. Each application must be in sufficient detail to inform the applicant as well as the Department of all phases of the proposed work. 1701 Upon request, the applicant shall use a vicinity map showing the location and adjacent land uses. Pertinent information could include: 1. Numbers and/or names of all highways and roads which appear on the plan. The designation “county road” on a cross road is insufficient since such designation does not identify the particular road. 2. Width of existing roadway pavements. 3. Distance from edge of pavement to side ditch and direction of flow in the ditch. 4. Distance from centerline of highway or road to right of way line. 5. For proposed above ground installations within 30 feet from the edge of the traveled way: miles per hour of any speed zone; design speed of the highway; whether or not the installation will be accessible to out of control vehicles. 6. Location of property lines. 7. Length of frontage. 8. Location of existing and proposed fuel pumps, buildings, grease and wash racks, etc. 9. Proposed width of entrance driveways measured parallel to the highway. 10. Angles of proposed driveways with highway. 11. Distance from driveway to property line or corner, measured along right of way line. 12. Distance between driveways measured along right of way line. 13. Proposed radii of all curves. 14. Location and size of any existing cross drain or side drain pipes or culverts and direction of flow within such structures. 15. Location, size, length and direction of flow of any proposed pipes or culverts. 16. Distance between fuel pump foundations and right of way line. 17. Location of rural entrance site with respect to nearest town or intersecting named or numbered road or highway; location of urban entrance site by naming cross streets bracketing the proposed work. 18. North arrow. 19. Scale in feet per inch if the plan is to scale. 20. Title showing name of owner and county in which the proposed work is located. 21. Any additional information necessary to present a picture of the site, such as sight distance if this is a feature, or difference in elevation between highway and right of way line if the difference will result in a six (6) percent or greater grade on the entrance drives, etc. 22. Highway project number and station number. INFORMATION REQUIRED FOR PERMITS THAT INFLUENCE HIGHWAY DRAINAGE 1800 When drainage designs are required to be reviewed by the Roadway Design Division, the process will be expedited by having certain information regarding the drainage design in the initial permit package as indicated below: 1801 The layout sheet of the proposed work shall indicate the following as necessary: 1. A MDOT Project Number with respect to the site location; 2. The actual limits of the proposed development (as applicable) with respect to the identified project using a second or larger layout sheet if necessary, and show the full limits of the property and the relative drainage basin (another layout sheet at smaller, but legible, scale if needed); 3. Reference proposed site stationing with respect to stationing of the project (if applicable-for far-removed work, only the connection may apply); 4. Reference the proposed site elevations with respect to the true elevations of the project (any deviation must be tied to established true elevation); 5. Show details of the work*, especially relative to drainage systems-junctions, structures (flow line and inlet elevations, etc.); 6. A legible print of the consulting Engineer’s Registration Seal. 1802 Other essential information is as follows (as is applicable*): 1. Adequate cross sections* through the length of the proposed work from shoulder edge or centerline of adjacent lane (showing the right of way line), both existing and proposed ground lines, at 100’ intervals, but include any vital/key intermediate cross sections (inlets, driveways, etc.); 2. Show all existing culverts* (cross drains, side drains, etc.) including upstream and downstream flowlines, inlet elevations, etc.; 3. Show all proposed drainage culverts, connections, etc.* and specifications data i.e., sizes, type of structure, type of material, flow lines,, inlet elevations, etc.; 4. Include profile drawings of all proposed drainage culverts/systems*, indicating especially the sizes, slopes, type of pipe/culvert material, and connections/junction structures with flow line and inlet elevations; 5. Include hydraulic design data from which proposed drainage structures were determined-those structures/culverts receiving discharge of crossdrain culverts or emptying into or otherwise controlling the discharge of crossdrain culverts must be sized to appropriately receive, convey, and/or discharge the design storm frequency relative to the classification of the highway, i. e. 50-year storm design minimum for Interstate and Primary Systems (highways in urbanized zones can require 100-year design). *On far-removed sites, some details may be “Not Applicable” (N/A), but major drains/drainageways/drainage channels must be addressed SPECIAL NOTES 1900 Each application includes certain provisions preprinted on the permit form. When preparing applications, it is often necessary to add special notes or paragraphs to the permit before it is signed by the applicant. In order to make these notes uniform, listed below are suggested notes more frequently used. If possible, these notes should be used. All necessary notes should be on the application when executed by the applicant. If a note is added after execution by the applicant, it must be prefaced with: “As a condition for the approval of this application...”. 1901 The Applicant must be informed in writing that special notes have been added to the permit after execution by the applicant. Further, the applicant must contact the District in writing if there are questions about any such special note so that there will be a full and complete understanding of the permit requirements by all parties. 1902 The Maintenance Division will keep a list of these special notes on the MDOT Intranet system. The District may download the special note file and select and print those notes that are applicable to the specific permit on Form MND-005, Supplemental For Additional Sheets for MND-001, MND-002 and MND-004 or on Form MND-003, Attachment A, Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements. The special note listing will be updated by the Maintenance Division, as necessary, when the District informs the Maintenance Division of a specific note that should be added, deleted, and/or modified. 1903 The special notes or paragraphs are as follows: 1. If a mailbox is to be placed on highway right of way, it shall meet the requirements listed in Rule 37.I.7501.04013, Driveway and Street Connections, Median Openings, Frontage Roads. 2. The applicant accepts the responsibility for the safety of the traveling public and his/her workers and agrees to furnish, place, and maintain traffic control devices, if required, in accordance with Part VI of the Manual of Uniform Traffic Control Devices (MUCTD), Current Edition, as a minimum. A special traffic control plan is included in this application if special traffic control details are required. 3. The applicant shall comply with the Transportation Commission Order, dated May 22, 2001, Minute Book 8, Page 645 and 646, or revised order, relative to restricted speed zones for traffic lane closures on four (4) lane divided highways. The District Engineer will furnish the applicant with a copy of this order, upon request. 4. The applicant agrees to fully comply with the United States Corp of Engineers’ regulations for wetlands and to obtain any and all necessary permits prior to beginning any work on state maintained highway right of way. 5. We/I (Applicant) do hereby certify that the gas line crossing(s) shown on this application is/are to operate under a pressure in excess of forty-five (45) pounds per square inch and will have regularly inspected and adequately-maintained cathodic protection in accordance with the company’s safety program and extra strength pipe will be used under the roadway as shown herein. I also hereby certify that I have the authority to make the certification herein and to bind (Applicant) concerning such certification. Certified Name of Company Official ________________________________ ________________________________Title 6. We/I,______________________, P.E. hereby certify that the proposed High Density Polyethylene Pipe to be used as an encasement contained in this permit meets all industry standards for certified HDPE pipe and that the design meets the requirements for its use for underground highway crossings or parallel installations. 7. As a condition for approval of this permit for all road closures, the applicant shall coordinate the road closure approval process with the District Permit Officer. Any road closure shall be approved, in writing, by the Department’s Executive Director. 8. This permit gives applicant permission for only that work shown on the Department’s right of way. 9. Any deviation from this permit shall require approval from the Department. 10. No parking of vehicles or equipment within the No Access Right Of Way. 11. Since this project is scheduled for re-construction, the existing roadway and right of way are subject to change. 12. Proposed right of way and access road alignment shown on the permit is subject to change. The conceptual plans are now in development by the Department. The actual location of the proposed right of way and access road will be determined at a later date. 13. The applicant is responsible for any conflicts with existing utilities on the highway right of way and is to secure permission from said utilities for any necessary alterations, at the applicant’s sole cost. 14. Usage meters and other appurtenances not shown on this approved plan will not be permitted on the highway right of way. 15. All debris is to be removed from the right of way, stumps cut flush with ground, and any damage to the right of way repaired immediately. 16. All signatures and notarizations must be signed in black ink. 17. Any damage to ponds, lakes, or land caused by this pipeline installation shall be the responsibility of the applicant. 18. Applicant shall furnish all materials and perform all work. 19. It is understood and agreed that any encroachments on adjoining property owner(s)’ property shall be secured with easements from said property owner(s). 20. As a condition for the approval of this permit application, the applicant may be required to perform additional items of work not shown but necessary (due to unforeseen circumstances) to complete the permitted work. Also, the applicant agrees to perform work as shown on this application, make any necessary repairs of damages to the right of way, roadway slopes, shoulders, or pavement, all to the satisfaction of the Commission and to save the Commission harmless as to all claims arising from work performed under this permit. 21. The applicant shall keep the roadway free of dirt and debris at all times. 22. The applicant is to give the Department’s District Permit Department forty-eight (48) hours (2 working days) notice. Telephone numbers ____________, _____________, ____________. 23. It is expressly understood and agreed that no trees or shrubs on the highway right of way will be cut or trimmed except as shown on this application. 24. All drainage pipe or culvert is to be laid to line and grades indicated by stakes set by the Department’s District office. 25. This permit is also subject to approval by the relevant municipality. 26. This permit is also subject to approval by the county or counties, if more than one (1) is involved. 27. At such time as service drives or frontage roads are built at this location, the driveway or driveways will be relocated to connect with the service drive or frontage road and will not connect directly to the highway. 28. Any work done by the applicant on the highway right of way shall be at his/her sole expense and may be utilized by the Department of Transportation without payment. 29. All grading, landscaping, filling or otherwise altering the ground conformation shall be done according to the terms of the permit and all disturbed areas shall be re-sodded or seeded, fertilized, and watered as directed by the District Engineer. 30. All trenches shall be backfilled and thoroughly tamped in lifts not exceeding six (6) inches, each lift being compacted to a density equal to or exceeding that of the adjacent material. 31. The applicant agrees to maintain the areas graded, trenched, ditched, or otherwise scarred for a period of one (1) year after completion of all construction or until a sod growth acceptable to the Department is established and bond in the amount of $__________has been executed as a guarantee. 32. A condition for the approval of this permit is that the applicant or applicants accepts all responsibility for damages to other property and agrees to save the Department harmless for all claims for all damages arising out of work performed under this permit. 33. For Drainage Districts or other Agencies for channel alterations at stream crossings where the Commission has prior jurisdiction: “As a part of the consideration for the granting of this permit, the applicant agrees to the following: A. To promptly repair or to reimburse the Department for the cost of repair of damage to bridges or other drainage structures caused by the equipment operated by the applicant or its agents and for damage to bridges or drainage structures caused by lowering of the flow line of the drainage channel. B. To maintain the channel cross section on the highway right of way as shown and, in the event of failure to do so, to reimburse the Department for the cost of repair of damages, if any, to the highway bridges, drainage structures, and other appurtenances. C. That this permit is for the purpose of the applicant performing his/her statutory duty and is not to be construed as making the Department liable for changes in drainage above, below or upon the highway right of way or in any manner or degree liable for any damages.” 34. A condition for approval of this permit is that the applicant maintains the frontage road as a public way. 35. Applicant shall maintain access to existing driveways during all phases of construction. 36. The applicant agrees to assume the responsibility for obtaining any and all necessary storm water permits from the Mississippi Department of Environmental Quality (MDEQ) prior to beginning any work on state maintained highway right of way. REFERENCES (All references herein to other materials are as to the most current version of that particular document.) 2000 Section 65-1-8, Mississippi Code Annotated (1972) 2001 37.I.7501.03001, Processing of Permit Applications 2002 United States Code of Federal Regulations (CFR), Title 23, Part 645B, Accommodation of Utilities 2003 37.I.7501.03003, Form MND-001, Application for Permit to Construct a Driveway 2004 37.I.7501.04005, Form MND-002, Application for Permit to Construct Pipeline 2005 Form MND-005, Supplement Form for Additional Sheets to Form MND-001, MND-002, and MND-004 2006 37.I.7501.04011, Form MND-482, Master Agreement for Location of Electric Power and Communication Utility Lines on State Highway Right-of-Way 2007 37.I.7501.04013, Driveway and Street Connections, Media Openings, Frontage Roads 2008 37.I.7501.04006, Form MND-003, Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements 2009 Mississippi Standard Specifications for Road and Bridge Construction, Current Edition 2010 Manual on Uniform Traffic Control Devices (MUTCD), Current Edition 2011 MDOT Roadway Design Manual, Current Edition 2012 AASHTO Roadside Design Guide, Current Edition 2013 MDOT Roadway and Bridge Design Standard Drawings, Current Edition 2014 For Mississippi Code see www.state.ms.us 2015 For Federal Government U.S. Code see www.gpoaccess.gov or www.dot.gov 2016 For MUTCD and FHWA links see http://mutcd.fhwa.dot.gov and www.fhwa.dot.gov 2017 MDOT specific rules, forms, publications, SOPs, and other support documentation are available for review at MDOT 2018 MDOT Access Management Manual, Current Edition Chapter 04003 Requirements for Drainage Structures Constructed Under Right of Way Encroachment Permits Purpose To establish permit policy for drainage and drainage structures. This rule sets forth the requirements necessary to regulate the use of state highway rights of way for the construction and maintenance of drainage and drainage structures allowed by permit. DRAINAGE AND DRAINAGE STRUCTURES Drainage in roadside ditches shall not be altered or impeded except as authorized on the permit and the applicant must provide adequate and approved drainage structures at his expense. Pipe culverts installed under driveways shall be not less than fifteen (15) inches in diameter. Drainage structures permitted upon state highway right of way will comply with the following requirements or later revisions in official design practice: 1. Pipe Structures - Pipe shall comply with the latest version of the Department’s “MDOT PIPE CULVERT MATERIAL DESIGN CRITERIA.” 2. Pipe Headwalls, Box Culverts, Bridges, Inlets, Junction Boxes, Headwalls, Grates, Etc. - These items shall be designed, detailed and constructed in accordance with the Department’s Roadway and Bridge Design Manuals, Roadway and Bridge Design Standard Drawings and Mississippi Standard Specifications for Road and Bridge Construction. REFERENCES (All references herein to other materials are as to the most current version of that particular document.) 300 MDOT Pipe Culvert Material Design Criteria 301 MDOT Roadway Design and Bridge Design Standard Drawings 302 Mississippi Standard Specifications for Road and Bridge Construction 303 MDOT Roadway Design Manual 304 MDOT specific rules, forms, publications, SOPs, and other support documentation are available for review at MDOT Chapter 04004 Applications for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements Purpose To provide standard forms for showing work to be performed on the highway right of way by holders of master agreements. This rule establishes permit forms to be used for the construction and maintenance of utility lines along or across MDOT right of way for holders of master agreements. Form MND-003, “Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements”, shall be used for detailing work to be performed by holders of master agreements. Form MND-003, Attachment A, shall be used when the permit application requires additional information to outline the work completely. The applicant shall complete Form MND-003 and Form MND-003, Attachment A, if required, and forward all pages to the Department’s district office for further processing. REFERENCES (All references herein to other materials are as to the most current version of that particular document.) 200 37.I.7501.04002, Right of Way Encroachment Permits 201 MDOT specific rules, forms, publications, SOPs, and other support documentation are available for review at MDOT Chapter 04005 Application for Permit to Construct Pipe Line, Form MND-002 Purpose To provide a permit form for the construction of a pipe line along or across MDOT right of way. This rule establishes permit forms for the construction of a pipe line along or across MDOT maintained right of way. See Attached form, MND-002. Chapter 04006 Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements, Form MND-003 Purpose To permit forms for the construction of utility lines along or across MDOT maintained right of way for holders of master agreements. This rule establishes permit forms for the construction of utility lines along or across MDOT maintained right of way for holders of master agreements. Forms FORM MND-003, Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements Chapter 04007 Application for Permit to Locate Certain Facilities on or to Perform Certain Work on State Highway Right of Way Purpose To provide a permit form to locate certain facilities on or to perform work on state highway right of way. This rule establishes a permit form to locate certain facilities on or to perform work on state highway right of way. See Attached form, MND-004. Chapter 04008 Supplement Form for Additional Sheets for Form MND-001, MND-002 and MND-004 Purpose To provide a standard supplemental form for showing additional data for Form MND-001, Form MND-002 and MND-004. This rule establishes a supplemental permit form to be used for additional information for Forms MND-001, MND-002 & MND-004. Form MND-005, “Supplemental Form for Additional Sheets for Form MND-001, MND-002 and MND-004”, shall be used when the permit requires additional information to detail the work completely. The applicant shall complete and attach Form MND-005 to the MND-001, MND-002 or MND-004, as applicable, and forward all pages to the Department’s district office for further processing. REFERENCES (All references herein to other materials are as to the most current version of that particular document.) 200 37.I.7501.04002, Right of Way Encroachment Permits MDOT specific rules, forms, publications, SOPs, and other support documentation are available for review at MDOT Chapter 04009 Instructions for Processing Form MND-603, Performance Bond Purpose To Provide Instructions for Processing Form MND-603, Performance Bond. This rule establishes a procedure for the processing Form MND-603, Performance Bond when required on a right of way encroachment permit. TABLE OF CONTENTS 1. SECTION 200 GENERAL 3. SECTION 300 PERFORMANCE BOND FORMS 4. SECTION 400 REFERENCES GENERAL Form MND-603, Performance Bond is required when the District Engineer determines that the work described on the permit forms warrants a performance bond. However, a performance bond with a set minimum amount is required for performing certain work and/or on certain routes, for example, grading permits on Interstate. Performance Bonds with a set minimum amount are listed in the following Rule’s: 1. 37.I.7501.04002, Right of Way Encroachment Permits. 2. 37.I.7501.03001, Processing Permit Applications. 3. 37.I.7501.03005, Clearing and Pruning of Trees and Other Vegetation for Utility Lines Specifically Form MND-759, Special Use Herbicide Permits. The APPLICANT shall forward the Permit, the Performance Bond, and the Bond Form to the District Engineer. PERFORMANCE BOND FORMS 300 FORM MND 603, Performance Bond REFERENCES (All references herein to other materials are as to the most current version of that particular document.) MDOT specific rules, forms, publications, SOPs, and other support documentation are available for review at MDOT Chapter 04011 Master Agreement for Location of Electric Power and Communication Utility Lines on State Right of Way Purpose To establish a policy for the location of electric power and communication utility lines on Mississippi Transportation Commission’s rights of way by companies authorized by laws of the State of Mississippi to erect, place, and maintain its poles, wires, cables, conduits, and appurtenant facilities along, across, and under the public highways and streets of the State of Mississippi. This rule sets forth a master agreement between an electric power and communication utility company and the Mississippi Transportation Commission (MTC) for the location of electric power and communication utility lines on Mississippi Transportation Commission’s rights of way. MASTER AGREEMENT FORMS FORM MND 482, Master Agreement For Location Of Electric Power And Communication Utility Lines On State Highway Right-Of- Way Chapter 04013 Driveway and Street Connections, Median Openings, Frontage Roads Purpose To establish a policy on issuing permits for construction and maintenance of driveways, other connections, median openings, frontage roads and signs on partially controlled access highways. This rule sets forth the requirements necessary to regulate the use of state highway rights of way for the construction and maintenance of driveways, other connections, median openings, frontage roads and signs on partially controlled access highways. TABLE OF CONTENTS 1. SECTION 200 DEFINITIONS 2. SECTION 300 GENERAL REQUIREMENTS 3. SECTION 400 SCOPE OF PERMIT 4. SECTION 500 DRIVEWAY CONNECTIONS TO CONVENTIONAL HIGHWAYS AND FRONTAGE ROADS (TYPE 3) 5. SECTION 600 DRIVEWAY CONNECTIONS TO PARTIALLY CONTROLLED ACCESS HIGHWAYS (TYPE 2A AND 2B) 6. SECTION 700 DRIVEWAYS – INTERSTATE AND OTHER CONTROLLED ACCESS HIGHWAYS (FREEWAYS) (TYPE 1) 7. SECTION 800 STREET AND ROAD CONNECTIONS TO CONVENTIONAL HIGHWAYS PARTIALLY CONTROLLED ACCESS HIGHWAYS AND FRONTAGE ROADS 8. SECTION 900 TEMPORARY CONNECTIONS FOR STREETS AND ROADS TO PARTIALLY CONTROLLED ACCESS HIGHWAYS 9. SECTION 1000 ADDITIONAL MEDIAN OPENEINGD AND LEFT TURN BAYS ON CONVENTIONAL AND PARTIALLY CONTROLLED ACCESS HIGHWAYS 10. SECTION 1100 CONSTRUCTION OF FRONTAGE ROADS ON CONVENTIONAL AND PARTIALLY CONTROLLED ACCESS HIGHWAYS 11. SECTION 1200 REFERENCES DEFINITIONS Mississippi Transportation Commission, hereinafter “Commission” Mississippi Department of Transportation, hereinafter “Department”. GENERAL REQUIREMENTS The maintenance of minimum standards for entrances and exits to highways are in the interest of public welfare and safety, and the following general requirements should be met before any driveway application is approved. Reference is made to the current edition of the AASHTO Roadside Design Guide, and the recommendations therein as are applicable to the location and construction of driveway, road and street connections to the highway. The cut and fill slope requirements for these connections are listed below in Paragraphs 301.1 and 301.2. Culverts and sidedrains under such connections must be of a length sufficient to accommodate the side slope requirements listed below in Paragraphs 301.1 and 301.2. 1. Applications for driveway, road and street connection permits to the highway on highways built prior to the adoption of the AASHTO Roadside Design Guide shall meet the requirements of the highway as constructed or reconstructed. However, in no case, shall the cut and fill slopes within the clear zone be steeper than three to one. 2. Applications for driveway, road and street connection permits to the highway on highways constructed or reconstructed after the adoption of the AASHTO Roadside Design Guide shall not be steeper than six to one foreslopes and three to one backslopes within the clear zone. In areas beyond the clear zone, the slopes may be increased but, in no case, shall the slopes be steeper than three to one. Driveways shall not be permitted to connect with any highway, road, street or frontage road at a location if it does not meet the minimum stopping sight distance (as outlined in the current edition, and any interim requirements, of the MDOT Roadway Design Manual- using 3R criteria and the MDOT Access Management Manual, Section 4, Geometric Requirements, Sight Distances), vertical or horizontal alignment, terrain or other reasons which will cause an undue hazard to the traveling public. As there are already many conflicting traffic movements in intersections, no driveway will be permitted to enter directly into an intersection. Driveways must turn traffic into the traffic stream of the highway and/or intersecting road or street before it is permitted to pass through the intersection, in accordance with the Access Management Manual, Section 4, Geometric Requirements, Corner Clearances.. Islands having a minimum length of twenty-five (25) feet measured parallel to the highway will be built between closely spaced driveways to form definite entrances and exits to the degree needed to channelize traffic and prevent paving of the entire frontage, thereby eliminating parking on the highway right of way directly in front of business places and immediately adjacent to the roadway. See MDOT Access Management Manual, Section 3, Levels of Access for Type 3 Conventional Highways for more details. Suitable drainage must be provided to drain the roadway surface, shoulders and side ditches. No water shall be ponded by the building of the driveway. Should the land use for the property for which the driveway was originally permitted be changed (i.e. residential to commercial), the permit shall be revoked and a new permit must be applied for reflecting the new land use. This paragraph is applicable to all permits granted by the Department prior to and after the approval of this Rule. Reference: Rule 37.I.7501.04002, Right of Way Encroachment Permits, for further access requirements for large traffic generators. Reference: MDOT Access Management Manual, Section 3, Levels of Access, for definitions of Type 1, Type 2A, Type 2B and Type 3 highways. The applicant accepts the responsibility for the safety of the traveling public and his/her workers, and agrees to furnish, place and maintain traffic control devices, if required, in accordance with Part 6 of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), Current Edition, as a minimum. The applicant shall attach a special traffic control plan to the application if special traffic control details are required. All permit applicants shall be required to comply with the Corps of Engineers’ regulations for wetlands and the MDEQ-Office of Pollution regulations for stormwater runoff, and to obtain any necessary permits prior to performing any work on the right of way. The applicant shall construct all facilities to the applicable State and Federal laws, rules, regulations and standards, and shall indemnify and hold the Mississippi Transportation Commission and the Mississippi Department of Transportation harmless for any and all liability resulting from injury to all members of the public which is proximity caused by said facilities. SCOPE OF PERMIT Such clearing and pruning of trees and vegetation necessary for the proposed construction will be shown on the application in detail. Any grading desired to be done on the right of way other than is necessary for the construction of the driveway will be shown on the application in detail. Drainage data and proposed drainage structures will be shown on the application. For large traffic generators, a vicinity map shall be furnished covering the entire area to be developed. (Reference: Rule 37.I.7501.04002, Right of Way Encroachment Permits). DRIVEWAY CONNECTIONS TO CONVENTIONAL HIGHWAYS AND FRONTAGE ROADS (TYPE 3). Applications for the construction of driveways must be for the purpose of securing access to property and not for the purpose of providing space for the parking or servicing of vehicles on highway right of way. The location, design and construction of driveways described in the application shall be in accordance with the Access Management Manual, Section 3, Levels of Access for Type 3 Conventional Highways and as stated below: 1. No more than two (2) combined driveway entrances and exits shall be permitted for any parcel of property which has a frontage of three hundred (300) feet or less. Additional entrances or exits for parcels having a frontage in excess of three hundred (300) feet shall be permitted only if an additional entrance would create a safer condition. Additional entrances or exits must be reviewed and recommended by the State Traffic Engineer and approved by the State Maintenance Engineer or the District Engineer as applicable. Where frontage is fifty (50) feet or less, only one (1) combined entrance and exit is permitted, the width of which shall not exceed twenty-five (25) feet measured parallel to the centerline of the highway. 2. The width of any driveway entrance or combined entrance and exit, except as restricted above shall not exceed fifty (50) feet measured parallel to the centerline of the highway. Areas on the right of way between driveways shall not be used for vehicular travel or parking. These areas shall be considered as restricted areas or neutral areas, and may be graded or filled in only as hereinafter provided in SECTION 502 below. 3. The grade of the driveway entrance and exit shall follow the shoulder slope for a distance equal to the width of the shoulder or ten (10) feet from the pavement edge, whichever is greater, and then continue on a 2% to 4% slope downward and away from the roadway to a point twenty (20) feet from the pavement edge. The driveway slope shall then continue on a slope not to exceed 15% until it connects with the original ground line. When field conditions are such that a steeper driveway is required due to restricted right of way, the driveway profile may be increased to 20% maximum. 4. The construction of parking areas on the highway right of way is specifically prohibited. Businesses requiring parking space for their customers shall provide such space off the highway right of way. 5. Sections of driveway entrances and exits constructed parallel to the highway for access to gasoline pumps or other structures shall be constructed off the right of way. Such pumps and other structures requiring parallel driveways are to be located a minimum distance of twelve (12) feet, with fifteen (15) feet recommended to the edge of the pump island, outside the right of way in order that the parallel section of the driveway shall not encroach upon the right of way. 6. When curb and gutter is constructed or removed and reconstructed, the driveway entrance and exit shall be constructed or reconstructed of equivalent or other acceptable material, and the curbing along the entrance and exit shall be returned to the roadway on a radius as shown on MDOT Roadway Standard Drawing SD-1. Minimum Turning Radii shall conform to the most current version of the MDOT Roadway Design Manual, Chapter 6. The grade of entrances and exits shall conform to the grade of sidewalks, if any, and a neat junction between the apron of the entrances, exits, and the sidewalk shall be made. Where such new entrance or exit will cause heavy vehicular traffic or frequent light vehicular traffic to cross a sidewalk designed for pedestrian traffic only and will not withstand the expected vehicular traffic, the permit application will include removal and replacement of the inadequate sidewalk. The new sidewalk and the portion of the driveway where the new sidewalk extends across the driveway shall conform to the requirements of the current edition of the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Transitions between the sidewalk and the driveway surface and the slope and cross-slope of the driveway crossed by the sidewalk are of particular importance. 7. All driveway entrances and exits shall be so constructed that vehicles approaching or using them will have adequate stopping sight distance in accordance with the current edition, and any interim requirements, of the MDOT Roadway Design Manual - 3R criteria in both directions along the highway in order that the driver may enter or leave the highway without unduly interfering with highway traffic. Any driveway application that does not provide adequate sight distance as outlined in the above listed design manual shall be denied. In order to provide adequate stopping sight distance in both directions when entering the highway, driveway entrances and exits should be at a 90 degree angle. Angles less than 90 degrees should not be constructed unless justified by an engineering analysis and in no case shall be less than 60 degrees with the highway. For further guidance, reference the Access Management Manual, Section 4. 8. Corner clearance is the distance between an intersection and the first point of ingress or egress to a corner property’s driveway. The purpose of corner clearance is to remove conflicting movements from the functional area of intersections and provide sufficient stacking space for queued vehicles at intersections so that the driveways are not blocked. No driveway will be permitted to enter directly into an intersection. Driveways must turn traffic into the traffic stream of the highway and/or intersecting road or street before it is permitted to pass through the intersection. Unless an exception is granted, the minimum corner clearance for entrances on TYPE 2 and TYPE 3 Roads will be established by a queuing analysis or 125 feet for unsignalized intersections and 125 feet for signalized intersections whichever is larger. If an exception is requested and approved at an intersection where no provision has been made for sight distance or clear vision areas (flared right of way), no part of a driveway entrance or exit may be permitted to connect with either the highway or crossroad or street within 50 feet from the outside shoulder line of the adjacent street and the access will be a right-in/right-out. Exceptions may be approved if as a result of MDOT action the property would become landlocked. No part of a driveway entrance or exit may be permitted within a corner radius. 9. No part of a driveway entrance or exit may be permitted to encroach upon additional right of way secured outside the continuation of the normal right of way lines for the purpose of channeling traffic or to provide adequate sight distance or clear vision for intersecting traffic. The driveway return will begin at a point no nearer such additional right of way than its point of intersection with the normal right of way line of the highway and its intersection with the normal right of way line of the crossroads or street. These areas described here and in SECTION 501.8 above shall be restricted areas and may be graded or filled in only as hereinafter permitted in SECTION 502 below. 10. At some intersections additional right of way has been secured for construction purposes and not for channeling traffic or for sight distance. The project plans should be checked to determine the reason for purchase of such additional right of way. Driveway entrances and exits complying with all other requirements may encroach into the additional area purchased for construction purposes, but they may not be permitted to encroach into any part of the additional right of way purchased for channeling traffic or purchased for or necessary for sight distance or clear vision for intersecting traffic. The denial of vehicular ingress and egress across sight distance or clear vision areas on the older projects is based upon the regulatory powers of the Commission in connection with traffic safety. Additionally, on the newer projects, the plans may show the erection of traffic barriers along the outer limits of additional right of way purchased for sight distance or clear vision areas, which is considered sufficient notice to the property owner of the conditions under which the right of way was purchased. 11. The minimum driveway spacing shall be determined based Section 3 and Appendix 4 of the MDOT Access Management Manual. 12. SECTIONS 501.8, 501.9, and 501.10 above and the MDOT Access Management Manual will also apply at frontage road intersections with other roads and streets. Restricted or neutral areas as described in SECTIONS 501.2, 501.8, and 501.9 above may be graded or filled only when the following requirements have been complied with: 1. Surface drainage is provided to drain all surface water on the graded or filled in areas away from the roadway in a suitable manner and be deposited into the natural drain. Sub-surface drainage shall be provided where required to prevent development of a high ground level that will endanger the highway pavement. 2. The drainage opening underneath the area is adequate to carry the water to its natural drain or its roadside ditches. Pipe culverts installed under these areas shall be not less than fifteen (15) inches in diameter. 3. Permanent provisions are made to separate the area from all traveled ways in order to prevent its use for entrance or exit, or for vehicular parking, by constructing concrete or other acceptable masonry curb that conform to the current edition of the MDOT Roadway Design Standard Drawings around the perimeter of the area. 4. Restricted or neutral areas’ length, width and shape will vary at different locations. The lot frontage, right of way width and many other factors will determine the size and shape of such areas. When curbs are used to channelize areas they should be constructed five (5) to ten (10) feet from edge of pavement, or a greater distance if necessary to clear the prevailing shoulder width. Channelized areas shall extend to the right of way line. All driveways shall be so located within the applicant’s frontage that the flared portion or return adjacent to the traveled way will not encroach on adjacent frontage. A minimum distance of twelve and one-half (12-1/2) feet should be reserved between driveway and boundary or property line so as to preserve a twenty-five (25) foot neutral area between driveways. Applications for joint use driveways (two adjacent property owners using the same driveway) or for driveways with less than the required twenty-five (25) foot neutral area between driveways will be reviewed for approval on a case by case basis; however, in all such applications, both affected property owners’ signatures are required on the permit. Refer to Appendix 4 of the MDOT Access Management Manual for the minimum connection spacing for all driveways. Sections 3 and 4 of the Access Management Manual contain details regarding minimum driveway spacing and corner clearance requirements. Driveways shall be built so that vehicles will not have to back into the roadway. Graded areas and areas in which the sod has been destroyed during construction shall be solid sodded, sprig sodded or seeded, fertilized and watered as necessary to promptly re- establish an acceptable vegetative cover. Seeding is to be done with approved seed and in season only. Proper ground preparation is required prior to re-sodding or seeding. (Reference: Rule 37.I.7501.04002, Right of Way Encroachment Permits, Seeding and Sodding Section). Drainage onto the highway right of way is handled as follows: 1. Raw sewage, septic tank effluent, wash rack runoff, or other objectionable matter will not be permitted to drain upon the roadside or into roadside ditches. 2. Effluence from a sewage treatment plant may be allowed to drain on the right of way if the following conditions are met: A. The applicant must obtain a permit from the Mississippi Department of Environmental Quality (MDEQ) - Office of Pollution Control in Jackson. B. The applicant must contact the owners of the property on which the effluence is discharged to get their permission. Failure to obtain permission would result in a revision to the proposed plan of discharge or not issuing the permit. C. The applicant must supply written notice from the MDEQ-Office of Pollution Control documenting the estimated discharge rate per day. D. The determination of the point of discharge will be based upon a case by case review of what effects the discharge or discharge point will have on existing structures and the maintenance and aesthetics of the highway and right of way. E. The District Engineer shall decide upon review of field conditions if the sewage treatment plant discharge would create a maintenance problem. If a potential maintenance problem would be created, the permit will be denied. 3. Violations shall be reported to the MDEQ – Office of Pollution Control and/or the Mississippi Department of Health. On highways which have been designated as partially controlled access facilities and other locations on the highway system where there is sufficient right of way for construction of additional traffic lanes, frontage roads or other facilities which would require a change or relocation of the driveway entrance and exit, the following statement shall be made part of the permit: “The applicant acknowledges that this permit is granted and accepted in accordance with the powers vested in the Mississippi Transportation Commission by Section 65-1-8, Mississippi Code 1972, Annotated, and such permit is temporary in nature in that it does not in any way create or grant a permanent easement of use in or to the right of way of the highway. Such permit may be altered or changed at the discretion of the Department at any time additional improvement construction or re-construction of said highway is undertaken at the said location.” Data relative to the proposed location, relocation, design and construction of driveways and approaches as may be required shall be furnished by the applicant free of cost. The applicant shall make any and all changes or additions necessary to make the proposed driveways or approaches satisfactory to the Department. Mail Boxes to be placed on highway right of way must meet the following specifications which are to be made a part of driveway permit applications: 1. Mailbox materials and size shall conform to the requirements of the United States Postal Service. 2. Mailbox supports may be 4” x 4” square or 4” diameter round wood posts, 6” diameter PVC pipe, or any other mailbox supports listed in the current edition of the AASHTO Roadside Design Guide, Chapter 11 (The Roadway Design Division has a copy), or any mailbox found acceptable and certified under the NCHRP 350 testing program. 3. Mailbox front is recommended to be 8” to 12” from the edge of the shoulder or the curb face, with the post/support to be 39” to 47” above the shoulder edge or at a height specified by the local United States Postal carrier. 4. A cross-section view of the roadway at the mailbox location is shown below: OPEN SHOULDER SECTION Not To Scale Mailbox See Paragraph (b.) for Mailbox Support Types 24" Shoulder Edge Pavement Edge 39" to 47" 8" to 12" (Recommended) (Recommended) (Recommended) CURB SECTION Not To Scale See Paragraph (b.) for Mailbox Support Types Mailbox 39" to 47" (Recommended) 8" to 12" (Recommended) Curb Face 24" (Recommended) 5. Any deviation from the above specifications must be approved by the District Engineer. Multiple compartment mailbox units shall not be allowed on state highway right of way. Exceptions to this policy may be allowed when the State Maintenance Engineer determines there is due justification and that: 1. The unit(s) are not within the traffic recovery zone (clear zone). 2. The unit(s) will not block a motorist’s sight distance. 3. The unit(s) shall have sufficient off-road access/parking area for traffic being generated. See SECTION 509.2 for Mailbox support Types See SECTION 509.2 for Mailbox support Types 6” (+/-) 33” to 41” 4. Any exception must be approved by the State Maintenance Engineer. Reference is made to plans of typical driveway connections included in this Rule and the MDOT Access Management Manual. DRIVEWAY CONNECTIONS TO PARTIALLY CONTROLLED ACCESS HIGHWAYS (TYPE 2A and 2B). For Type 2B highways, the access rights to the highway between median openings were purchased with the right of way, and on these projects no driveway or other connection will be permitted except at locations opposite existing median openings. SECTIONS 601 and 602 below do not apply to these projects. Refer to the MDOT Access Management Manual, Section 5, Median Policy for further details on medians. For Type 2A highways, direct driveway connections from abutting property may be permitted to the traveled way of a partially controlled access highway on a temporary basis if frontage roads are not in existence. At such time as a frontage road is constructed, all such temporary driveway connections will be reconstructed to connect with the frontage road and thereafter will not connect with the traveled way of the highway. Proper notice of the condition of approval shall be placed on the permit application as per SECTION 507 of this Rule. Refer to the MDOT Access Management Manual, Section 2, Roadway Classifications, Type 2, Partially Controlled Access Highway, Item 1. The requirements for driveway connections to conventional highways and frontage roads beginning on Page 2 of this Rule will also apply to driveway connections to partially controlled access highways and frontage roads thereon, except as modified or supplemented elsewhere in this Rule and the MDOT Access Management Manual. DRIVEWAYS - INTERSTATE AND OTHER CONTROLLED ACCESS HIGHWAYS (FREEWAYS) (Type 1). Applications for driveway connections to Interstate and other controlled access highways will only be approved to connect with existing frontage roads. Driveway applications will not be approved where frontage roads do not exist, nor will they be approved on intersecting roads or streets where the proposed driveway location is within the ‘no access’ limits. Applications for driveway connections on such roads or streets are to show the location of the proposed driveway with reference to the ‘no access’ limits where same are in close proximity. The regulations for driveway connections to conventional highways and frontage roads beginning on Page 2 of this Rule and the MDOT Access Management Manual will also apply to driveway connections to frontage roads on the Interstate and other Freeways. STREET AND ROAD CONNECTIONS TO CONVENTIONAL HIGHWAYS, PARTIALLY CONTROLLED ACCESS HIGHWAYS AND FRONTAGE ROADS Street and road connections are special cases which necessarily must be treated on an individual basis. Many of the regulations applying to driveway connections would also apply to street and road connections. Street and road connections have a much greater traffic potential and must be constructed at right angles to the roadway. Difficult situations should be referred to the State Maintenance Engineer for consultation with the Roadway Design Division Engineer and the State Traffic Engineer. Connections to existing streets and roads will be provided by the Department at the time a highway is constructed or reconstructed as a part of the plans for such highway. New street or road connections to existing highways will be constructed in accordance with the approved permit application and at the expense of the applicant, except as provided in