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The following paragraph are pertinent highlights of the State Highway Access Code.These are provided for your cony .,fence
<br /> but do not alleviate compliance with all sections of the Access Code.A copy of the State Highway Access Code is avaliable�
<br /> from your local issuing authority(local government) or the Colorado Department of Transportation (Department).When this
<br /> permit was Issued,the Issuing authority made Its decision based In part on Information submitted by the applicant, on the
<br /> access category which is assigned to the highway,what alternative access to other public roads and streets Is available,and
<br /> safety and design standards.Changes in use or design not approved by the permit or the Issuing authority may cause the
<br /> revocation or suspension of the permit.
<br /> I Appeals
<br /> 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
<br /> Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
<br /> the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
<br /> Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
<br /> for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
<br /> 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
<br /> agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit
<br /> accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the
<br /> original application, proposed design or access use will normally require submittal of a new application.
<br /> 3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objections to
<br /> the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be
<br /> brought to the Commission within 60 days of transmittal of the permit.
<br /> 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
<br /> (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
<br /> authority.
<br /> 5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk
<br /> and Recorder.
<br /> II Construction standards and requirements
<br /> 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
<br /> time extension may be granted if requested in writing prior to permit expiration.
<br /> 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall
<br /> be available for review at the construction site. Inspections will be made during construction.
<br /> 3. The access construction within highway right-of-way must be completed within 45 days.
<br /> 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
<br /> the permit. If the permittee wishes to use the access prior to completion,arrangements must be approved by the issuing
<br /> authority and Department and included on the permit. The Department or issuing authority may order a halt to any
<br /> unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
<br /> failed to meet required specifications of design or materials. If any construction element fails within two years due to
<br /> improper construction or material specifications, the permittee is responsible for all repairs.
<br /> 5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely
<br /> braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire
<br /> removed are Department property and shall be turned over to a representative of the Department.
<br /> 6. A copy of the permit shall be available for review at the construction site.if necessary,minor changes and additions shall be
<br /> ordered by the Department or local authority field inspector to meet unanticipated site conditions.
<br /> 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,and shall
<br /> not interfere with the drainage system in the right-of-way.
<br /> 8. Where necessary to remove,relocate,or repair a traffic control device or public or private utilities for the construction of a
<br /> permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and
<br /> at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way beyond
<br /> that which is allowed in the permit shall be repaired immediately,
<br /> 9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform
<br /> Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This
<br /> is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
<br /> agents and employees shall be held harmless against any action for personal injury or property damage sustained by
<br /> reason of the exercise of the permit.
<br /> III Changes In use and violations
<br /> 1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in
<br /> property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
<br /> conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are;
<br /> an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn.
<br /> The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit.
<br /> 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
<br /> 3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may
<br /> obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
<br /> IV Further information
<br /> 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
<br /> completed permit application form with the issuing authority.The issuing authority may take action only on the request for
<br /> improvement. Denial does not revoke the existing access.
<br /> 2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be responsible for
<br /> meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
<br /> deposited on the access in the course of Department snow removal operations. The Department shall maintain in
<br /> unincorporated areasthe highway drainage system,including those culverts under the access which are part of that system
<br /> within the right-of-way.
<br /> 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
<br /> returned the permit signed and paid any required fees.
<br /> 4. The Department may,when necessary for the improved safety and operation of the roadway, rebuild, modify, remove,or
<br /> redesign the highway including any auxiliary lane.
<br /> 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department,.with written
<br /> concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at
<br /> the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
<br /> which results in a change in the typeof driveway.operation;or at the expense of the Department if the reconstruction o
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