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The following paragraph are perllnont highlights of the Slate Highway Access Code. These are provided for your convenience <br />but do not alleviate compliance with all sections of the Access Code. A copy of the Slate Highway Access Code Is available <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, an 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 />• <br />I Should The permilloe 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 tot permitlee signature. The request for the hearing shall be bled in writing and submitted to the Colorado <br />Transportalion Commission, 4201 East Arkansas Avenue. Denver. Colorado 80222. The request shall include reasons <br />for the appeal and may include recommendations by the permulOe 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 permiltee. It <br />agreement .S reached. The Department, with the approval of the local issuing authority (if applicable), may revise the permit <br />accordingly, or issue anew permit, or require the applicant to submit anew application for reconsideration. Changes it 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, it the permitlee or applicant wishes to appeal the Department's decision to The Commission. the appeal must be <br />brought 10 the Commission within 00 days of transmittal of the permit. <br />4. Any appeal by the applicant or permitlee of action by The local issuing authority when it is the appropriate focal 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 aclion 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 01 the permit dale. However, under certain conditions a one year <br />time extersion may be granted if requested in writing prior to permit expiration <br />2 Theapplicam shall notify the office specified on the permit at least 48hours prior 10 construction. A Copy of lhepermit shall <br />be available for review at the construction site Inspections will be made during construction. <br />3. The access Construction within highway right -0f -way must be completed within 45 days <br />•1 II is the responsibility Of the permitlee to complete the COnSVUClion Of the access according To The lerms and Condillon5 of <br />The permit. If The permitted 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 hall to any <br />unauthorized use of the access Reconstruction or improvements to the access may be required when the permitlee has <br />failed to meet required specifications of design or materials. If any construction element fails within Iwo years due to <br />improper construction or material specifications. The permiltee is responsible for all repairs. <br />5. lit the event it becomes necessary to remove any right -of-way fence, the posts on either side 01 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 />• <br />removed are Department property and shall be Turned over to a representative of The Department. <br />V . ropyof the permit shall beavadable for reviewa! theconsuucuor, site. If necessary, minor changes andadditions shall be <br />ordered by the Department or local authority field inspector to meet unanticipated site conditions. <br />7. TheaCcess shall be COnsirucfed and maintained in a manner Thal shall not Cause walerloenler Onlothe roadway, and shall <br />not interfere with the drainage system in The right -of -Way. <br />0. Where necessary to remove. relocate. or repair a traffic control device or public or private Utilities for the construction Ofa <br />pernalted access, the work shall be accomplished by the permitlee without cost lathe Department or issuing authority, and <br />at the direction of the Department or utility company. Anydamage 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 r Clered at all limes during access construction, in conformancewilh the Manual on Uniform <br />Traffic Control Devices for Streets and Highways. This may includethe use of signs. pushers, barricades and Ilaggers. This <br />is rise requiredby section 42-4-501,C.R.S. as amended The issuing authority, the Department and Their duly appointed <br />agenlS and employees shall be held harmless against any action for personal Injury or property damage sustained by <br />teaser Of the exec Ciso 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 penal, may require l he reconstruction or relocation of the access Examples of changes in access use are: <br />an increase in vehicular volume by 20 percent. Oran increase by 20 percent of a directional characteristic such as a left turn. <br />The issuing auumnty will review the original pernul: it may decide it isadequme of request that you apply for anew permit. <br />2. All Terms and conditions Of the permit are binding upon all assigns, successors-in- interest and heirs. <br />3. When apermilted driveway is constructed or used inwolalion Of the Access Code. The local government Or Department may <br />oblain a court order to hall Ine violation. Such access permits may be revoked by the issuing authority. <br />IV Further Information <br />I. When One permit holder wishes to make improvements to an existing legal access, he shah make his request by Filing a <br />completed permit application form with The issuing authority The issuing authority may lake action only on the request for <br />improvement Denial does not revoke The existing access. <br />2. The perminee. his heirs. successors -in- interest. andassigns, of file properly 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 />URMCOTporaard areas the 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 alter The has <br />• <br />permiltee <br />returned The permil 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 COnamclod before. on, or after June 30, 1979, may be required by the Department, with written <br />concurrence of the appropriate local authority. Io be reconstructed or relocated to conform to the Access Code, either at <br />The property owner's expense it the reconstruction or relocation is necessitated by a change in the use of the properly <br />which results in r change in the type of driveway operation: or at the expense of ilia Department if the reconstruction or <br />relocation is necessitated by Chingos in road or traffic conditions. The necessity for the relocation or reconstruction shall <br />br drtr-immed by mlemnr'i: la Ihr •JO...Inn l,. ...ni Inr 1, ,i. ii.. r... ... r... r <br />