67 Pa. Code § 441.2
Permittee Required to Obtain All Required Approvals or Permits
Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 2005); apeal denied 903 A.2d 539 (Pa. 2006).
Police Powers
Although driveway opening on to State highway was established prior to promulgation of these regulations, this regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations ‘‘made, and to be made, for the health and comfort of the people.’’ Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. 1986); affirmed 518 A.2d 265 (Pa. 1986).