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The lollowlnp peregra Ph are perllnenl highlights of the Slate Illghway Ai:CPA9 Cole. Ihea= are pi nvided Inr your <onvm•i •i,ce <br />but do not ellevlale cpmpllance with rill sections of Ilse Access Code. A copy of Ilia Slates Illghway Access Code If Av AIIAhIa <br />Irom your local Issuing eulltorlly (local governrnenl) or the Colorntlo Deparlmenl of Transporlalion (Deparlmenl). Wlten IItiA <br />permll was lesued, the Issuing authority metle Its decision basetl In pert on Inlorination subinilletl by the nppllcnnl, nII the <br />access category which Is e991gned to the highway, whet allernellve access to other public made and Alreel9 is nvnllable, and <br />solely antl design atenderds. Change9 In use or design not approved by the permll ar the issuing aulhorily ili9y cause the <br />reracallon or auspenslon of the permll. <br />• I Appeals <br />t~ Should the permillee or applicant chose to object Io any OI the tarots or conditions of the permit placed Therein by the <br />Deparlmenl. an appeal must be tiled with the Colorado Transporlalion Commission within 60 days of transmillal cl <br />the permll for permittee signature The red oast for the hearing shall be Fled in wri ling and submitted to the Colorado <br />Transporlali oil Commission, 4201 Easl Arkansas Avenue. Denver, Colorado 80222 The request shall include reasons <br />for the appeal and may inclutle recommendations by the permittee or applicant tllal woultl be acceptable to him. <br />2 The Deparlmenl may consider any objocliOns antl requested revisions al the req oast of Ilia applicarll or permillee II <br />ag reemenl is reached. the Deparlmenl, with the approval of the local issuing authpnly (il aPPlrcable), may revise the permd <br />accordingly, or issue a new permll, or requite the applicant 10 submit a new application for reconsitlera lion. Changes in the <br />original application, proposed design or access use will normally require submrll al of a new apphcalion. <br />3 Regardless of any communications, meetings, or negoliabons with the Deparlmenl regartling revisions antl obleclions to <br />the permit, it the permillee or applicant wishes to appeal the Department's Decision l0 the Commission, the appeal must be <br />brought to the Commission within 60 Days of Iransmiltal of Iha permit. <br />d. Any appeal by Vie applicant or permillee ul adiun by the local issuing authority when n rs lh^ appropriate local authority <br />(antler subsection 2.4), shall be tiled with the local aulhorily antl be consistent with the appeal Orocetlures of the local <br />aulnority. <br />5 II the final action is not further ap Pealetl, the Deparlmenl or local aulhorily may record the decision wdh the County Clerk <br />antl Recorder. <br />II Construcllon slandertls and requirements <br />1 The access must be under COnstruclion within Ona year OI lhB permll dale. However, under Certain condiliOnS a one year <br />time extension may be granted d req uesled in writing prior 10 Permit expualion <br />2 The aPPlicant shallnolily the office specilietl on the permll al least 46 hours prior to conslruclion.ACOpy of lha permit shall <br />be available for review at the conslruclion site. Inspection9 well be made during construction. <br />7 The access conslruclion within highway right-ol-way must ba completed within 45 days. <br />d. II is the resppnsibilily of the permillee to complete the conslruclion of the access according to Ina terms antl conditions DI <br />Ina permit II the permdteE wishes to use tee access prior 10 Completion, arrangements must ba approved by the issuing <br />aulhonly and Department and included on Ina permit Ina Departmem or issuing auViorily may order a hall to any <br />undulhorizetl use of the access. Raconslruclion or improvements to the access may be required when the permillee has <br />tailed to meet regmretl specifications of tlesign or materials. 11 any conslruclion element fails within two years due ID <br />improper conslruclion ar material specilicalions. the permillee is responsible for all repairs. <br />5. I n the event it becomes necessary to remove any right-ol-way fence. the posts on either sitle of the access shat l be securely <br />bracetl with an approvetl end post before the fence is col to prevent any slacking of the remaining fence. All posts and wire <br />removed era Depart meat property and shall be turned over to a represenlabve of the Deperl menl. <br />6. Acopy ollhe pemiil shall Da available for rev,ew al the <Omlucbon site Il necessary, manor cM1anges antl addition<slmllbe <br />ordered by the Deperlnienl or local authority held inspector to meal unaillicipaled silo conditions <br />. 7 The access shall be cpnstructed antl mainlainad ins manner that shallnol cause water to eriler onto ilia roadway, niitl slinll <br />noI interfere with the drainage system in the right-ol-way. <br />6. Where necessary to remove, relocate, Pr repair a Irallic control tlevice or public or piivnte ulililie9lnr Ilre conslruclion of a <br />per milletl access, the work shall ba eccomplishetl by the permittee without cost to the UeDarlmenl or issuing aulhorily, niitl <br />at Iha tlireclion 01 the Deparlmenl Or alit ily Company. Any damage IO the stale highwny nr other public right-ol-why beyontl <br />trial which is allowetl in the permit Shall be reDuiretl immetliately. <br />9. Adequate advance warning is requiretl al all Hines during acce95 conslruclion,in conformance with the Manual on Unllol nl <br />Traffic Control Devices for Streets and Highways. This may include the use of signs, Ilashers. barricades and Naggers This <br />is also req uiretl by section 42-d-501,C.R.S. as amendatl. Tha issuing authority, the Depart merit and their duly appoi need <br />agents antl employees shell ba held harmless against any action for personal injury or property damage susiniired by <br />reason of the exercise of the permit. <br />III Changea In use and vlolellons <br />1. II IharB erB changes in Ih0 use of the ecceea, the accelapermit-issuing aulhorily must be notified of the change. A change i n <br />properly use which melees the exlsling access design or use In non-conformance with the Access Cotle or the terms and <br />condillom of the permit, may require the ieconslnwlion or relocebpn of the access Examples of changesmnccess use m?. <br />an increase in vehicular volume by 20 percent. or an increase by 20 percent of n directional chmacleristic such es a fell tool. <br />The issuing aulhorily will review the original permit; it may tlacitle it is atlequale of request IIInI you apVly for a clew per loll. <br />2. All terms antl condgiens of the perms ale minding upon all assigns, successors in-imeiesl and Hairs. <br />3. When apermittad driveway it tonslrucled or used in violation of the Access Code. Ihelocal government or Deparlmenl may <br />Obtain a court ortler to hall Iha violation. Such access permil9 may be revoketl by the issuing aulhorily. <br />IV Further lnlormellan <br />1. When the permd holder wishes 10 make im Drovement! 10 an exlsling legal access, he she1V make his request Dy Tiling a <br />Completed permit application lOrm with the issuing aulhorily. The Issuing aulhbrily may take action only On the request for <br />improvement. Denial does not revoke the exlsling access. <br /> 2. The permittee. his heirs,successors-in-inlerest,and assigns, of the Droperly serviced by the access shall be responsible for <br /> meeting the terms and Conditions of the permit and IhB removal Or clearance of Snow or ice upon the acce59 even Though <br /> deposited on the access in the course of Department snow removal operations. The Deparlmenl shall mainl8ilt in <br /> unincorporaletl areas the highway drainage system, including (hose culvertsonder Iha access whioh are part of that system <br /> within the right-ol-way <br /> 3. The issue dale of the permit is Iha date the Deparlmenl represenlalive signs the permll which is alter the permillee has <br /> returned Iha permit signetl and paitl any requiretl lees. <br /> 4. The Deparlmenl may, when necessary for the improved solely end operation of the roatlway, 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. niay be required by the Deparlmenl, wish written <br />cOOCUrfe Ope 01 IhB dppropri8lB Ideal aulllprity, 10 DB re COOSIrUCIad Or reOCaled 10 COnlOrm lO IhB Apde$s Cotle, dither al <br />IM1e property owner's expense it the reconstruction or relocation is necessitated by a change in Ilia use of the properly <br />which results in a Change in the type of driveway Operation; or at the expense of the Deparlmenl it the reconslr~ction or <br />relocebon is neceseiteled by chengee in ,Dad nr Ireflic conditiOn9. The netes9ly for the ielocaliOn or reconaV UClidn shrill <br />