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The lollowing parepreph ere pertinent hlghllghta of the Stale Highway Access Code. These ere provided for your convene ~nto
<br />but do not ellerlate compliance with ell aeclione pl the gcceae Cotle. A copy of the Stale Hlghwey Aceeee Code la avails Dle
<br />from your local lanuing euthorlty (local government) or the Colorado Department of Trenapprtatlon (Deperlmenl). When Ih(s
<br />permlt wee Issued, the laeuing authprlty made ib decision hosed In part on Inlormalion nubmitted by the applltanl, on the
<br />acceaa category which la esslgnad to Iha hlghwey, what ellernetlre ecceae to other public raeda end streela la evellable, end
<br />eelaly and denlgn nlentlerda. Changes In uaa dr tleslgn not approvetl by the permlt or the laeuing sulhorlly may cause the
<br />revocallon or suspenelon of the permlt.
<br />• I Appeals
<br />1. Shoultl the permittee or applicant chose to oblect to any of the terms or conditions of the permit placed therein by the
<br />Department, an appeal must ba tiled with the Colorado Transportation Commisslon within 60 tlays of transmittal of ,
<br />the permit for permittee signature The request for the hearing shall be feted In wrlung and submitted to the Colorado
<br />Transportation Commission, 4201 East Arkansas Avenue. Denver, Colorado 80222. The request shall include reasons
<br />for the appeal antl may include recommendations by the parmetteB or applicant That would be acceplabla to him.
<br />2. The Department may consider any oDlaclions antl requested revisions at the req oast of the applicant or permittee. II '
<br />agreement Is reachetl, the Department, with the approval of the local Issuing authority (il applicable), may revise lheparmit
<br />accordingly, orissue anew permit, or require the applicanlto submitanew application for reconsitleralion. Changesln the '
<br />original application. proposed tleslgn or access use will normally require submittal of a new application. :.
<br />3. Regaroless or any communications, meetings. or negotiations catch the Department regarding rewslons antl objections to
<br />the permit, it the permittee or applltanl wishes to appeal lha Department's decision to the Commission, the appeal must be
<br />brought to the Commission within fi0 days of Iransmillal of the permit. ..
<br />4 Any appeal by the applicant or permihee of action by the local issuing authority when it is the appropriate local authority ~
<br />(untler subsecllon 2.4), shell be tiled with the local authority and be consistent with the appeal procedures o! foe local
<br />authority. '
<br />5. II the final action is not turlher apDealetl, the Department or local authority may record the decision with the County Clerk
<br />and Recortler.
<br />II Comtructlon etandartln end requlremenle
<br />1. The access must be under construction within one year of the permit date. However. under certain conditions a one year k
<br />time extension may be 9ranletl It requested in writing print to permit expiration. I,
<br />2 Theapplicanl shall notitylheollicespecilietl on the permit Bt leas146 hours Dnortoconstruchon ACOpy otitis permitshafl ~'y
<br />be available for review at the construction site Inspections will be made during construction. ~i
<br />7. The access construction within Highway right-ol-way must be completetl within 45 nays.
<br />4. It is the responsibllily of the permittee to complete the construction of the access accordi rig to 1 he terms end conditions o/
<br />the permit. II the permittee wishes to use the access prior to completion, arrangements must ba approvetl by the issuing
<br />authority and Deparment antl inclutletl on the permit. The Department or issuing autnorily may order a halt to any
<br />unauthorized use of the access. Reconstruction ar improvements to the access may be req uiretl when the permittee has
<br />leiletl to meal required sped/ICalions of design or materials. If any construction element tails within two yeah tlue t0
<br />Improper construction or material specitlcations, the permittee Is responsible for all repairs.
<br />5. In the event ii becomes necessary to remove any right-ol-way lance. the poets on ei Iher side of Iha access shell be securely
<br />braced with an approved and post belore t he fence is cut to prevent any slacki rig of the veinal ning lance. All posts and wire
<br />• removed ere Department properly antl shall be turned over to a representative of Ina Department.
<br />6. Acopy of the permit snail De available for review el the construction site. ll necessary, minor Changes antl additions shall be
<br />ordered by the Department or local authority field inspector to meet unanliclpated site conditions.
<br />' ]. The access shall be conslrucled and mat ntainetl inemenner that shall not cause water to enter onto the roadway, ono shall
<br />. not intanere wish the tlrainage system in the right-ot-way.
<br />B. Where necessary to remove. relocate, or repair atrallic cpntrol tlevice or public or private ulilitiea for tna construction ola
<br />permitted access. the work shall beaccomplishatl Dy the permittee wllhout cost to the Department orissuing authority,ono
<br />et the direction of the Department or utility tom Dany. Any tlamage to the state Dig hway or other puDlicright-of-way beyontl
<br />that which is allowetl in the permit shell De repaired immadielely.
<br />9. Atlequate advance warning is requiretl al all times during access construction. in conlormance wllh the Manuel on Unilorm
<br />Traflic Conlral Devices for Sf reels and HlBhways. This may include the use of signs, Ilashers, Darncatles and Ilaggers. This
<br />is also required by section 42-4-bOt,C.R.S. as amended. The issuing authority, the Department antl their tluly eppointetl
<br />agents end 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 Changan In use end rlolellonn
<br />t. II there are changes In the use of the access, Ina access permit-issuing authority muss be notified of the change. A change In
<br />property use which mekea the exialing access Design or use in non-conlormance with the Acoeae Cotle or lha terms end
<br />conditions of the permit, may require the reconstruction or relocetlon pl the acceaa. Eaamplea of changeain access use ere:
<br />' an rncreaaein vehicularvolumeby20 percent, or an Increase by 20 percent oladirectional characteristic such esel9ltturn.
<br />I Theissuing autnorily well review the original permit; It may tlecitle it is atlequate or request loaf you apply lore new permit.
<br />2. All terms antl cpntlillons of the permit are binding upon all assigns, successors-i n-Interest antl heirs.
<br />3. Whena permitteddriveweyis constructedarused in violation of the Access Code, the localgovernment or Daparimenl may
<br />obtain a court order to halt [he violellon. Such acceaa permits may be revokatl by the Issuing autnorily.
<br />IV Further lnlormellon
<br />1. When the permit Holder wishes to make improvements t0 an existing legal access, he shall make his request by tiling x
<br />completetl permit application loan with the issuing authority. The Issuing authority may take action only on Ina request IoI
<br />improvement. Denial tloea not revoke the misting access.
<br />2. The permittee, ties heirs, succe5sors•in-interest, and assigns, of the property servicetl by the access shall be responsible lot
<br />meeti rig the terms and conditions of the permlt and the removal or clearance of snow or ice upon the access even ihou9t
<br />tleposited on the access in the course of Department Snow removal operations. iha Department shalt maintain u
<br />unincorporated areas the highway drainage system. including those culverts under the access which ere part of that syslen
<br />within tHB right-ol-way.
<br />• 3. The issue date of the permit Is the tlale the Department representeliva signs the permit which Ia otter the permittee ha:
<br />returned the permit signed and paid any required leas.
<br />4. The Department may. when necessary for the Improved solely and operation of Ina roadway, rebuiltl, motlily, remove, o
<br />redesign the nignway inclutling any auxiliary lane.
<br />5. Any driveway, whether conslrucleo Delora, on, Or alter June 30, 1979, may De required by the Department, with cartels
<br />concurrence of the appropriate local autnorily, to be reconstructed or relocated to conform to the Access Cotle, either:
<br />Ina property owner's expense if the reconstruction or relocation is necessitatetl by a change in the use of the propert
<br />which results In a change rn the type of driveway operation; or al the expense of the Department it the reconstruction c
<br />relocetlon is nacessita[etl by changes in road or lratlic contlliions. The necessity for the relocation or reconslruclion she
<br />be tleterminetl by reference to the standards set torch in the Access Code.
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