N.Y. Comp. Codes R. & Regs. tit. 17 § 125.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 125.10 - Commercial driveways

(a) A commercial driveway permit application shall be accomplished by plans or drawings clearly indicating the following features of the site and abutting highways. The department may require the following information to be prepared by a professional engineer, licensed land surveyor or a licensed architect.

(1) Location and dimensions of existing highway pavement, curbs, guide rail, medians, sidewalks, utilities, traffic signs, signals, pavement markings and right-of-way and property lines.

(2) Existing and proposed buildings and appurtenances.

(3) Design features to be incorporated in proposed construction or reconstruction:

(i) width, pavement type and thickness of driveways;

(ii) radius of driveway return and other points of curvature;

(iii) driveway grades or profile view of driveway;

(iv) angle of driveways relative to the roadway centerline;

(v) location of proposed median openings and guide rail;

(vi) dimensions of roadside control islands and driveway medians;

(vii) dimensions and elevations of curbs and sidewalks relative to pavement edge;

(viii) location of authorized traffic signs, pavement markings and proposed advertisement signs;

(ix) existing and proposed drainage features;

(x) size, type and grade of driveway culverts;

(xi) highway drainage structures;

(xii) direction of surface water flow on applicant's property;

(xiii) distance from each existing and proposed driveway on the site to:

(a) the nearest side road in each direction if within 1,000 feet;

(b) nearest driveway on adjacent property;

(c) streets, roads or driveways opposite the site;

(d) adjacent property lines;

(xiv) north directional arrow;

(xv) in addition, for major commercial entrances, details of internal traffic circulation, parking, traffic control devices, actual or estimated traffic volumes and any proposed additional pavement lanes or widening shall be provided. This information and the plans submitted shall be prepared by a professional engineer;

(xvi) any additional information required by the department.

(b)

(1) All commercial driveways shall have a paved surface extending from the edge of the travel lane to the highway right-of-way line. Where the highway right-of-way is closer than 10 feet to the edge of the travel lane, the paved surface shall extend at least 10 feet back from the edge of the travel lane. The material and thickness of commercial driveways within the highway right-of-way shall be designed to provide adequate support for the volume and character of traffic using the driveway. This information shall be shown on the plans or drawings accompanying the permit application and shall be subject to review and approval by the department.

(2) The existing highway shoulder material is to be removed and the shoulder area paved with adequate driveway material as specified by the department. If a dual commercial driveway is constructed with driveway halves less than 75 feet apart, the entire shoulder area between the dual driveways shall be replaced with adequate driveway material.

(3) All material used in the construction of a driveway shall meet department specifications and is subject to department approval on a case-by-case basis.

(c)

(1) The design criteria given for minor commercial driveways provides operational safety and ease for turning movements for passenger cars and most trucks.

(2) The outline of the corner treatment of a minor commercial driveway (see sections 125.13, figure 1A; 125.15 and 125.16 of this Part) is determined in the same manner as that for residential driveways except that section 125.21 is used for standard commercial driveways and section 125.20 of this Part is used for minor commercial driveway-home business.

(3) A corner angle of 90 degrees is standard except for dual system type driveways. Angles between 80 and 100 degrees are acceptable. Angles less than 80 degrees or more than 100 degrees should not be used except where dictated by physical conditions, and unusual traffic patterns etc. For the dual system driveway, 120 degree corner angles are standard. Values down to 90 degrees are permissible.

(4)

(i) Commercial driveway. For two-way driveways (see section 125.13 ) a width of 24 feet is standard. Widths of 22 feet to 30 feet are permissible. For divided driveways (see section 125.15 ) a width of 16 feet is standard with a range of 12 feet to 24 feet permitted. For the dual system type (see section 125.16 ) the standard width is 16 feet for one-way driveways with permissible values ranging from 12 feet to 24 feet, and 24 feet for two-way driveways with permissible values from 22 to 30 feet.

(ii) Minor commercial driveway-home business commercial. For two-way driveways (see section 125.13 of this Part) a width of 14 feet is standard. Widths of 12 feet to 16 feet are permissible. For the dual system type (see section 125.16 of this Part) the standard width is 10 feet for one-way driveways with permissible values ranging from 8 feet to 12 feet.

(5) Values in section 125.21 shall be standard for minor commercial driveways. Other values may be used in situations where a lack of property frontage or other considerations mandate a narrower driveway opening or where there are no trucks using the driveway.

(6) Values in section 125.20 of this Part shall be standard for home business commercial driveways. Other values may be used in situations where a lack of property frontage or other considerations mandate a narrower driveway opening or where there are no trucks using the driveway.

(d) For a divided commercial driveway (see section 125.15 ) a median shall be provided to separate the opposing traffic movements. The median width (M) may range from 4 to 16 feet. Medians or islands separating opposing flows of a divided or dual system driveway shall extend far enough up the driveway to adequately control traffic. The median or island may extend beyond or end before the right-of-way line depending on the length of divider needed and the existing right-of-way depth. One hundred feet is normally a desirable length for the divider. The end of the median should be as close to the highway pavement edge as possible subject to the following limitations:

(1) The near end of the median shall be located a sufficient distance from the edge of pavement to allow unimpeded left turns by the appropriate design vehicle.

(2) In the case of a curbed highway, the end of the driveway median shall be at least four feet in back of the curb line.

(3) In case of a highway with shoulders, the end of the median shall not infringe on the shoulder.

(4) Any physical barrier in a median should be located beyond the vehicle recovery distance of traffic on the highway.

(e) The procedure for physical layout of the driveway corners shall be the same as that for residential driveways.

(f) Frontage of all commercial property shall be controlled by positive means such as curbing or ditches to provide access only at designated driveways. The purpose of the access control is to direct entering and exiting vehicles into a well-defined flow pattern and separate traffic movement on the private property from the highway traffic. This will provide the maximum safety for motorists and cause the least interference with traffic flow on the highway and on the property. Any exceptions to this policy shall be considered as outlined in the General Policy Section.

(g) When islands are used, the width of the island area, measured at right angles to the highway, should be at least one-half the width of the widest driveway. For example, a commercial property with a pair of 14-foot wide one-way driveways should have at least a 7-foot wide island area. Proper delineation should be provided. Where curbing exists at or near the edge of pavement, at least the front of the island area should be defined with curbing which should follow the alignment of and be similar to the existing curbing.

(h) On highways with shoulders, the island area shall not encroach on the usable shoulder width. Where there is a drainage ditch along the frontage of the commercial property, the ditch may be used as a barrier and the designated driveways carried across the ditch. Delineation should be provided to guide motorists and to prevent their driving into the ditch (see section 125.18 ).

(i) A minimum of 15 feet should be provided between the right-of-way line and the near edge of a building, structure, or appurtenance serving vehicular traffic. This distance should be sufficient to preclude the servicing and parking of vehicles on State property.

(j) In non-traffic bearing areas of commercial entrances, use of loose stone such as pea gravel as a mulch or for decorative effect shall not be allowed without a suitable binder.

(k) In rural areas, larger radii may be used to accommodate higher speeds and/or larger design vehicles if the department determines it will not adversely affect the safety and operational characteristics of the highway. The accommodation of larger vehicles and higher speeds should not be accomplished by the use of driveway widths in excess of those allowed in this Part.

(l) On projects where no new right-of-way is being acquired and the property owner has been using State-owned right-of-way for parking or other purposes, the imposition of standard driveway controls may create an economic hardship. In such cases, narrower islands, a ditch or a single line of barrier may be used. If the permittee will be allowed to use a portion of the right-of-way, the Regional Real Estate Office should process a Permit for Use of State Owned Property.

(m) In situations where the entrance cannot be developed for a depth equal to or approaching the distances which produce a standard throat entrance, as shown in section 125.13, figure 1B, the width of the throat should range from 30 to 50 feet with the majority being within 35 to 45 feet. In such cases, the width selected for a particular driveway and the width of the barrier (measured at right angles to the road) should be based on the operational safety and economic requirements at that location.

(n) If angle parking is allowed on the landowner's side of the island, the island width shall be a minimum of four feet to prevent parked cars from overhanging into the shoulder area.

(o) Use of a single line of barrier should be limited to locations where an island of four or more feet in width cannot be installed and where the single line of barrier will not create a roadside hazard.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 125.10