No preliminary plan or final plan which will require
access to a highway under the jurisdiction of the Department of Transportation
shall be finally approved unless the plat contains a notice that a
highway occupancy permit is required pursuant to § 420 of
the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law," before driveway access to a state highway is permitted.
The Department shall, within 60 days of the date of receipt of an
application for a highway occupancy permit, approve the permit, which
shall be valid thereafter unless, prior to commencement of construction
thereunder, the geographic, physical or other conditions under which
the permit is approved change, require modification or denial of the
permit, in which event the Department shall give notice thereof in
accordance with regulations, deny the permit, return the application
for additional information or correction to conform with Department
regulations, or determine that no permit is required, in which case
the Department shall notify the municipality and the applicant in
writing. If the Department shall fail to take any action within the
sixty-day period, the permit will be deemed to be issued. The plat
shall be marked to indicate that access to the state highway shall
be only as authorized by a highway occupancy permit. Neither the Department
nor any municipality to which permit-issuing authority has been delegated
under § 420 of the State Highway Law shall be liable in
damages for any injury to persons or property arising out of the issuance
or denial of a driveway permit, or for failure to regulate any driveway.
Furthermore, the municipality from which the building permit approval
has been requested shall not be held liable for damages to persons
or property arising out of the issuance of denial of a driveway permit
by the Department.