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I IfE F(~IIUWING PANAGNAP115 WENk SklkC IkU FNUM 111E SIA IE IIIGIIWAY ACCk55 C'UUE FUN YUUN INI UNMA I TUN. I'llASk
<br />NERD 1fIEM. THEY ARE TERMS ANU CUNUIIIONS OF 111E PERMIT. A COPY OF IftE COMPLETE STA1E HIGfI WAY ACCESS COUE IS
<br />'AVAILABLE fOR YOUR REVIEW AT YOUR ISSUING AU711URIIY OR 1HE STATE DEPARTMENT OF HIGFIWAYS.
<br />I. l he penuiued ar.cess appruadt shall be completed m accurlance with the terms and conditions ul dre pennil pnur to being used.
<br />In accepting the permit, the applicom ag, eel to all te, ns and conditions ul the permit ((the applicant dues not agree to all the
<br />terms and conditions ul the permit, the pennir shall be deemed denied.
<br />~2. ~~6twuldlhe~ppliuanttljchrause!ucumestapermitapphcatiundeniedbytheDepartmemor121choosetocomestanyoltheternrs
<br />or conditions of the pennir, he ri,ust do •p.ys~ithin 60 days of r eccept of notice of denial ur receipt of the approved permit. The
<br />applitam shall make his reyuest fur the hearing in'soriringrruj submit it w the local engineering district o(ficeu(the Ueparunent.
<br />The reyuest shall include reasons the applicant is appealing the`al•tlon ual(Itirg include recwnmendations by the apphcam that
<br />would be acceptable w him. It is recommended the applicant purwe a request for a JA'ylarieeiLlwbacnuttluR~~ItrCarJyrpr+rM(~
<br />requesting a Highway Commisyiun hearing. ~~ ~ .
<br />3. 1 he permit shall be deemed Denied i( the access appruach is nor under wnsuucuon within one year o(rhe permit issue date. A
<br />rime extension, not to exceed one year fur each extensiun, may be requesteJ of the issuing authority in writing by the applicant
<br />prior to expiration of the permit. Denial of an extensiun may uaur only when the issuing authority assertains and documents char ,
<br />unforeseen and significam changes in highway traffic operations or proposed acces;:approach operation, have or will occur (hat
<br />were not accounted (or in the issuing of the permit. '
<br />4. Theapplicamshallnotifytheindividualurtheofhcespectliedonhispermitolthependingconstructionatleast48hourspriorto
<br />construction in Rate Highway rights-ul-way. 1 he access appruach shall be completed in an expeditious and sale manner and shall
<br />be finished within 45 days iwm initiation of construction within the right-ol-way. A construction time extension not to exceed 30
<br />working days may be requested Iron the individual or office specified on the permit.
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<br />5. The construction of the access appruach and its appurtenances as required by the terms and condirions,of the permit s1t411 be
<br />completed at the expense of the applicant except as provided below.
<br />6. It is the responsibility of the owner of the property to ensure the use of the access approach to the properly is not in violation of
<br />tl,ecode,pertnitterrnsandconditior,s,urtheAct.Theterrnsandconditionsofthepprrrpilarebindinguponallassigns,successor;- .
<br />. in-interests and heir;. ,
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<br />7. When a permitteJ driveway is constructed or useJ in violation of the code, pennir terms and conditions, or the'Act, either the ""+ '
<br />issuing authority or the Departmem or both may obtain a coup order enjoining violation of the access code, permit terms and
<br />conditions, or the An. Such access permits may 6e revoked by the issuing authority if, at any time, the permined Driveway ar)d jts
<br />use fail to meet the reyuireytenrs of the Acl, the access cudg, or Ihg {errns and toydjtions of the per~f... t ; ~, f .
<br />8. Reconstruction, relucatiun, or conformance with this code of any driveway, whether constructed before, on or after (une 3p,' . '
<br />1979, may be required by the Departmem with written concurrence of the appropriate local authority either at the property`
<br />owner's expensei(thereconsrructionorrelocationisnecessiraredbyachangeintheuseofrheproperryorachangeinlhetypeof
<br />driveway operation or at the expense of the Departmem i(rhe reconstruction or relocation iy neseSSllaled 4y changes inroad or
<br />traffic conditions. The necessity forrherelocatiggorrrFpns((uctjogthpllbedeterrr,inedbyrp(erencelgt~eftandprdssellorthijt
<br />the code. , .. - . _ , . :..
<br />9. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access
<br />approach with the permission of the issuing authority. The applicant shall make his request on standard permit application forms
<br />and specify that his reyuest is fur improvements per this subsectiyp. penial of [~q,;pRlicgtjon for improvements does npt
<br />constjture revpking the e>fjsting access approach aulhyrizatio,q.; .
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<br />10. A request for variance (tort, the standards of the access code shall be subrnirted to the issuing authority with a permit application
<br />and shall 6e considered an attachment to the permit appjic4tlPn'•(Prrrl.Tke requ~t( (pr the v;riance Ehall include specific 4nd
<br />documented reasons for the request. .. ;, ,.Irr„
<br />11. In the consideration u( the variance request, the issuing amhorjty shall deterrpine to the best of its ability it the following:;
<br />circumstances are met: (l) !here is exceptional and undue hardship on the applicant, (21 a variance would not be detrimenul ro
<br />the public health, welfare and safely, and 13) P variance Is reasonably necessary {or thB convenience and Welfare of the public.
<br />12. Al anytlmeduringdterevlewbytheissuingaulhorltyofthepermllapplicationtheapplican{may supplement his application with
<br />S variance request. • •
<br />13. Alter sight distance requirements are met and an access permit issued, a sign structure or parked vehi4(e {ha4 not by permitte(1
<br />where it will obstruct the required sight dist4nce.
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<br />14. In the event it becomes necessary to remove any right-ol-way fence, the polls on either side of the entrance shall be securely
<br />braced with an approved end post before the fence is cut to prevent arty slacking of the remaining fence. ^II posts and wire
<br />removed shall be turned over to the engipeering district repre;en(;live of the Department. ,
<br />15. Where necessary to remove or relocate a stale highway traffic control device for the construction o(a permined access approach,
<br />such relocation or removal shall be accomplished by the applicam at his expense and at the direction of the peparlmegrt Isny
<br />damage to the slate highway beymtd that which is allowed in the permit shall be repaired immediately.
<br />16. A copy of the permit shall 6e evadable for review at the construction site. If necessary, minor changes and additions shall be
<br />ordered by the Peparrment field inspectpr lp q,eet unanticipated site conditions. ,. : ~ ~" _. . ~ '' ..
<br />17. The permit may require Ilia contractor Itr nu111y the mdixidual ur ulllce xptle'lllell art the pellnh dl Cerlaln phalyS In COfISIruCIIUn l0
<br />ahow thr fie({} trlJipectp~1QiAipecl varit~us atspens of constipaigrrtpchas mnerettp-Fprms;;ubbese,;rid lase lion{sp corgpaslign~'
<br />Ilj. f he occupant and the property owner of the property serviced by the aeFess approach shall be responsible for (1( meeting the
<br />terms and conditions of the permit and, t2j the removal ur clearance of snow or ice upon the access approachiesl even (hough
<br />deposited on the access in the course o(the Department highway snow removal operations. The Department shall maintain In
<br />unincorporated areas the highway drainage system, including those culverts under the access approach which are part of that
<br />system within the rigltr-ol-way. ilte permittee, his successors anJ assigns, are responsible for the maintenance of the access
<br />approach beyond the gavel anJ speed change lanes. ~ + ~ ..,1 r' ; '!~ ' "
<br />NUIE: "Act" means the highway access sralwe, CRS 1973. 43-2-147 as amended. i ~ ~-~ '~ t
<br />"Code" neaps the State Ilighway Access Code, adupteJ on7aly.i~Mltl~by~ th~~olq(ado f;t~h~yay commission.
<br />"Department" yteans rhe'State Department of Highways.
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