The Management of the Voivodeship Roads through us would like to inform the owners of properties located along the road at ul. Kościuszki in Myszków about the current procedures and conditions that must be met in order to build driveways to the properties and to obtain consent from the owners of the properties for temporary occupation of the properties related to temporary detours.
“Reconstruction of Voivodeship Road No. 793 Żarki – Myszków from km 26+975 to km 32+406”
In response to the requests of residents of Myszków to include driveways in the project for the reconstruction of Voivodeship Road No. 793 on the section Żarki – Myszków to plots adjacent to the voivodeship road, which do not currently exist on the ground, the Management of the Voivodeship Roads in Katowice kindly requests to inform the owners of the aforementioned plots about the current procedures and conditions that must be met in order to implement the construction of the aforementioned driveways.
We explain:
In accordance with Article 29 of the Act of March 21, 1995 on public roads, the construction or reconstruction of a driveway is the responsibility of the owner or user of the property adjacent to the road, after obtaining permission from the road manager for the location or reconstruction of the driveway through the administrative process. Additionally, in the case of construction or reconstruction of a road, the construction or reconstruction of driveways that already exist is the responsibility of the road manager. Taking the above into account, in the project for the reconstruction of Voivodeship Road No. 793 on the section Żarki – Myszków (from the intersection with ul. Strażacka in Żarki to the intersection with ul. Sienkiewicza in Myszków), all existing driveways from the Voivodeship Road were taken into account and will be reconstructed as part of the investment, in accordance with the project developed by the design office Autostrada II Sp. z o.o. located at: 40 – 467 Katowice, ul. 73 Pułku Piechoty 1.
By driveway we mean a part of the road connecting a road that is not a public road, or connecting a road with access to a property by the road, in accordance with paragraphs 77 and 78 of the Regulation of March 2, 1999 on the technical conditions that public roads and their locations should meet.
Therefore, since after the completion of the investment, the rebuilt section of Voivodeship Road No. 793 will be covered by a warranty of at least 5 years for the construction works done, there will be no possibility of interference with the completed road infrastructure or dismantling of the built structures. Due to this, the construction of driveways must take place during the implementation of the task of reconstructing Voivodeship Road No. 793. For this reason, in order to build a new driveway from the voivodeship road, the following steps are necessary:
1) The owner of the property adjacent to the road must submit a request and agree on the location of the new driveway with the Management of Voivodeship Roads in Katowice – a sample application is attached, it is also available on the website of the Management www.zdw.katowice.pl, under the tab BIP, Permits and forms, Permits, Application for location agreement of a driveway from the voivodeship road. Due to the planned road reconstruction, before issuing a decision allowing the location of a new individual driveway (for individually used objects) or a public driveway (for objects where business activities are carried out), it will be necessary to coordinate the proposed location with the design office Autostrada II Sp. z o.o., which will confirm the absence of collision of the solution with the planned road reconstruction;
2) After obtaining the location decision, the property owner should coordinate with the Management of Voivodeship Roads in Katowice the project for the construction of the new driveway (the documentation should be adapted to the solutions adopted in the road reconstruction project);
3) After agreeing on the driveway project, the property owner should effectively report the construction works, in accordance with the Act of July 7, 1994 on the Building Law, for the construction of the new driveway from the voivodeship road. By effective notification of the aforementioned works it should be understood a photocopy of the document confirming the notification of the construction of the driveway to the relevant architectural and construction administration authority (for voivodeship roads in the Silesian Voivodeship, the competent authority is the Silesian Voivode) along with written information from the authority about no objection to the notification made. The above document will be required for the application for the occupation of the road strip.
4) After completing the above, the property owner should submit a separate application for the occupation of the road strip of Voivodeship Road 793, for the construction of the driveway in accordance with Article 40 para. 2 point 1 of the Act on public roads.
Considering Article 29 para. 1 of the Act on public roads, the Voivodeship Roads Management in Katowice, implementing the road reconstruction, does not have a legal basis to finance the construction of new driveways. According to Article 29 para. 2 of the aforementioned Act, the road manager implementing the road reconstruction is obliged to reconstruct only the driveways that already exist. Due to the above, the property owner is obliged to cover the costs of occupying the road strip and to cover the costs associated with the construction of the driveway, beyond the costs of road reconstruction.
Since the construction of a new driveway would be carried out during the reconstruction of the voivodeship road, the property owner will not be required to develop and approve a traffic organization plan during the construction of the driveway – it is possible to use the traffic organization implemented during the road reconstruction by the future Contractor of the construction works.
The start of construction works related to the reconstruction of Voivodeship Road No. 793 on the section Żarki – Myszków is planned for the first quarter of 2016. Therefore, the application for the issuance of a location decision should be submitted no later than November 30, 2015, and the notification of construction works should be made no later than February 29, 2016.
Before starting the works, the local authority will notify each property owner in writing who has completed all the formalities indicated in points 3 sub-points 1-3 of this letter about the start date of the works. This information is intended to enable the aforementioned individuals to submit an application in accordance with point 4 sub-point 4 of this letter and to obtain a decision on the occupation of the road strip.
At the same time, referring to the position of property owners who condition their consent to temporary occupation of properties related to the implementation of temporary detours to ensure continuity of traffic during the reconstruction of existing bridge structures, inclusion of a driveway in the project for a specific plot, the Management emphasizes that a lack of consent will necessitate a road closure during the reconstruction, which will undoubtedly have a negative impact on traffic flow in the city and will require detours to be designated. The technical condition of the existing structures and the width of the road strip of the voivodeship road do not allow for work to be done while ensuring continuous traffic flow in a shuttle manner.