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, „ .. .. ; . ,, Ir - ~. a ' ;. . i . Ths lollowlny pereyrephs ub elsndard terms end conditions of chi parml~. d eopjr.ol the StHi Hlphwfiy Accee~ Code le arall~bllr for your review at your t~eulhp euthorlty or ehs State Department of Htphwiyi. ' ! r'i' 1. The permitted accessapproach shell be completed In accordance with the termeand conditions of the permit prlot to belnp ueed.ln accepting the permit, the applicant agrees to all terms end conditions of the permit. II the epplicent tloea not spree to all ttf$ Eerma and conditions of the permit, the permit shall be deemed dented. 2. Should the parmlltee or epplicent object to any of the terms orcondiliona of the permit pieced therein by the Department, he must do so wllhln 60 days of transmittal of the permit for his signature. He mey,1) make his objections known to the Issuing ollice of the Department end requeeR reconsideration of the Department's action, and 2) he may appeal the Department's action to s ~earing before the Colorado Highway Commission or before a hearing olficer, of the discretion to the Commission. 3. Any appeal by the applicant or parmlltee of action by the Issuing euthorlty when It le the Iocel government of Jurisdiction under Code Seetlon 2.4, shall be to the loeel government and be consistent with the standard appeal procedures of the local government. ` , r 4. The permittee or eppllcant wishing to appeal to the Colorado Highway Commission shall make hie request for the hearing In writing end ' • submit It to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall Include reasons the ~ i permittee or epplicent Is appealing the action end may Include recommendatlona by the permittee or applicant that would be acceptable to ` him. 5. Ths Department may consider any objections end requested revisions at the request of the epplicent or permittee. if egreemenlle reached, the Department, with the approval of the local issuing authority (If applicable), may revise the permit edbbrdingly, lisue s new permit, or requlrs ; the eppllcant to reapply for reconsideretlon. Changes In the original application or proposed design will normally requlrs submittal of a new . I I application. 6. Regardless of any communicetlona, meetings, or negotiations with the bepartmenl regarding revisions and obJecllona to the permit Or ay ' denlel, II the permittee or applicant wishes to appeal the Department's declelon to a hearing before the Colorado Hiphwey Commleslon, hs . , 1 must do so within 60 days of transmittal of the notice of denlel or Irensmittel bf the permit. ~a':.+• " 4µ: i,y:a ~ ~ . y f 7. The permit shell be deemed null and void it the ecceas approach Ie n0~ unde~ Construction within One year o1 file permit Issue date or before ~ 1 the expiration of any authorized extension. A time extension, noJ id ~xCeed Ong! year for each extenelrirl, iri8jl~be requested of the Issulnp authority In writing by the epplicent prior to expiration of the pe~mlt: Dental d± An extension may oCCUi only` then the Issuing euthorlty ;' assertains end documents that unforeseen end signllicant changes In highway lrefflc operetlone or proposed aecesa epproech operation, M_ have or will occur that were not accounted for In the issuing of the permit. ,: `. ~ ~ ~ i , J ~ ...'~;3f' ~ ' , r •; ., . B. The eppllcant shell notNy the individual or the ollice specified on hla permit of the pending construction et leesl48 hours prior to conatructlon In State Highway rights-ol-way. The access approach shall be completed in en expeditious end safe manner and shall be Ilnlshed wllhln 45 ' I days from Inltletlon of construction within the right-of-way. A construction itme extension not to er<caed 3D wOr(<Ing days maybe requested ~1rom the Individual or office specified on the permit. `~} ~~•'•` ~ ~' " `~t, ~ ~' 9. The construction of the access approach end Its appurtenances as required by the calms end condl7lons o14sR permit shell be completed et the expense of the eppllcant except es provided below. "' - ~ ~ '' , 10. It is the responsibility of the owner of the property to ensure the use of the access epproech to the property 16 not In vloletlon of the code, permit terms end conditions, or the Act. The terms and conditions of the permlf are binding upon ell eaaldne, successors-In-Interests end i heirs. ~ , 11. Whenepermltted drlveweyls constructed or used in violation otthe cods, permlf farms entl eonditlona, or the Act, either the issuing euthorlty or the Department or both may obtain a court order enjoining vloletlon of the access code, permit terms end condillone, or the Act. Such ~ ' access permits may be revoked by the Issuing authority II, el any time, the permitted driveway end Ice use f811 la rtieet the requirements of the Act, the access code, or the terms and conditions of the permit. 12. Reconstruction, relocation, or conlormence with this code of any driveway, whether constructed before, on or alter June 30, 1978, may be required by the Department with written concurrence of the appropriate local authority either et the property owner's expense If the reconstruction or relocation is necessitated by a change in the use of the property or a Change In the type of driveway opereNon or at the expense of the Department if the reconstruction or relocation is necessitated by Changes In road or tre111C conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards eel forth in the code. 13. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access epproech with , the permission of the issul ng authority. The epplicent shall make his request on standard permit application forma end specify Ihet hie request is for Improvements per this subsection. ileniel of the application for Improvements does not constitute revoking the existing acceee approach authorization. 14. Perking on state highway right of way Is prohibited except where posted. 15. Altar sight distance requirements ere met and en access permlf Issued, a sign structure or perked vehicle shell not be permitted where It will obstruct the required sight distance. • 16. In the event it becomes necessary to remove any right-of-way fence, the posts on either aide of the entrance shell be securely braced with en app roved end post bet ore the fence is cut to prevent any slack ing of the remei ning lance. AI I posts end wire removed shell be turned over to the engineering district representative of the Department. 17. Where necessary to remove or relocate a slate highway traffic control device for the construction of a permitted ecceas epproech, such relocation or removal shell be accomplished by the applicant at his expense end et the direction of the Department. Any damage to the stele . highway beyond that which is allowed in the permit shall be repaired immediately. 18. A copy of the permit shell be available for review at the construction site. If necessary, minor changes end additions In construction maybe ordered by the Department field inspector to meet unanticipated site cdndltions. ~ ~ ~(ti' ~': i'!'~u i .•w .eN~ ' 19.~~ The permit may require the contractor to notify the individual or office specified on the permit at certain phases In Construction to elld lhd';;. • t ~ field Inspector to inspect various aspects of construction such ,}s con~t5li loins, subbase, end base bdiipre9 bompacklltid^%'r=1 ~' G. ~ F 20. ~ The occupant and the property owner of the property serviced by the ec~ess 0pproach shell be responsl~le ~~~ (j~ iribetiriy th9 term an 1 conditions of the permitend.(2ltheremovalorcle~ranceolsnoworJCeupon~he9cceesepproach(es)eJenlh6ughdeposltedontheacCelie` in the course of the Department highway snow removal operations. The Oepartment shell maintain In unlncoiporated erase the highway ~ , drainage system, including those culverts under the scdess eppidecti WhICh si9 part of that system wlthlii lfie rlgfil-of-way. ~ ' "~ ''~' NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 es emended. ~ " "Code" means the State Highway Access Code es adopted end emended by the Colorado Highway Commission. ' "Department" meene the State Department of Highways. ~~ ~ ~= ~- "- "~ ~ ~~ ~ ~ ~ -- ~ ~ ~ ~ ~ °jl'~" ;t. ri'.. I ~ . .~ ~~ r ., i 'i n , i., .,. o~. ..rip. , .~ .... .. _I,