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property, natural or cultural resources protected bylaw, or the health and safety
<br />of workers or the public.
<br />5. Prior to using the access, the permittee is required to complete the
<br />construction according to the terms and conditions of the permit. Failure by the
<br />permittee to abide by all permit terms and conditions shall be sufficient cause for
<br />the Department or issuing authority to initiate action to suspend or revoke the
<br />permit and close the access. If in the determination of the Department or issuing
<br />authority the failure to comply with or complete the construction requirements of
<br />the permit create a highway safety hazard, such shall be sufficient cause for the
<br />summary suspension of the permit. If the permittee wishes to use the access
<br />prior to completion, arrangements must be approved by the issuing authority and
<br />Department and included in the permit. The Department or issuing authority may
<br />order a halt to any unauthorized use of the access pursuant to statutory and
<br />regulatory powers. Reconstruction or improvement of the access may be
<br />required when the permittee has tailed to meet required specifications of design
<br />or materials. If any construction element fails within two years due to improper
<br />construction or material specifications, the permittee shall be responsible for all
<br />repairs. Failure to make such repairs may result in suspension of the permit and
<br />closure of the access.
<br />6. The permittee shall provide construction traffic control devices at all times
<br />during access construction, in conformance with the M.U.T.C.D. as required by
<br />section 42-4-104, C.R.S., as amended.
<br />7. A utility permit shall be obtained for any utility work within highway right-of-
<br />way.Where necessary to remove, relocate, or repair a traffic control device or
<br />public or private utilities for the construction of a permitted access, the relocation,
<br />removal or repair shall be accomplished by the permittee without cost to the
<br />Department or issuing authority, and at the direction of the Department or utility
<br />company. Any damage to the state highway or other public right-of-way beyond
<br />that which is allowed in the permit shall be repaired immediately. The permittee is
<br />responsible for the repair of any utility damaged in the course of access
<br />construction, reconstruction or repair.
<br />8. In the event it becomes necessary to remove any right-of-way fence, the
<br />posts on either side of the access shall be securely braced with an approved end
<br />past before the fence is cut to prevent any slacking of the remaining fence. All
<br />posts and wire removed are Department property and shall be fumed over to a
<br />representative of the Department.
<br />9. The permittee shall ensure that a copy of the permit is available for review at
<br />the construction site at all times. The permit may require the contractor to notify
<br />the individual or office specified on the permit at any specified phases in
<br />construction to allow the field inspector to inspect various aspects of construction
<br />such as concrete forms, subbase, base course compaction, and materials
<br />specifications. Minor changes and additions may be ordered by the Department
<br />or local authority field inspector to meet unanticipated site conditions.
<br />10. Each access shall be constructed in a manner that shall not cause wale
<br />enter onto the roadway or shoulder, and shall not intedere with the existing
<br />drainage system on the right-of-way or any adopted municipal system and
<br />drainage plan..
<br />11. By accepting the permit, permittee agrees to save, indemnity, and hold
<br />harmless to the extent allowed by law, the issuing authority, the Department, its
<br />officers, and employees from suits, actions, claims of any type or character
<br />brought because of injuries or damage sustained by any person resulting from
<br />the permittee's use of the access permit during the construction of the access.
<br />CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
<br />1. It is the responsibility of the property owner and permittee to ensure that the
<br />use of the access to the property is not in violation of the Code, permit terms and
<br />conditions or the Act, The terms and conditions of any permit are binding upon all
<br />assigns, successors•in-interest, heirs and occupants. If any significant changes •
<br />are made or will be made in the use of the property which will affect access
<br />operation, traffic volume and or vehicle type, the permittee or property owner
<br />shalt contact the local issuing authority or the Department to determine if a new
<br />access permit and modifications to the access are required.
<br />2. When an access is constructed or used in violation of the Code, section 43-
<br />2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may
<br />summarily suspend an access permit and immediately order closure of the
<br />access when its continued use presents an immediate threat to public health,
<br />welfare or safety. Summary suspension shall comply with article 4 of title 24,
<br />C.R.S.
<br />MAINTENANCE
<br />1. The permittee, his or her heirs, successors-in-interest, assigns, and
<br />occupants of the property serviced by the access shall be responsible for
<br />meeting the terms and conditions of the permit, the repair and maintenance of
<br />the access beyond the edge of the roadway including any cattle guard and gate,
<br />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.
<br />Within unincorporated areas the Department will keep access culverts clean as
<br />part of maintenance of the highway drainage system. However, the permittee is
<br />responsible for the repair and replacement of any access-related culverts within
<br />the right-of-way. Within incorporated areas, drainage responsibilities for
<br />municipalities are determined by statute and local ordinance. The Department
<br />will maintain the roadway including auxiliary lanes and shoulders, except in those
<br />cases where the access installation has failed due to improper access
<br />construction and/or failure to follow permit requirements and specifications in
<br />which case the permittee shall be responsible for such repair. Any significant
<br />repairs such as culvert replacement, resurfacing, or changes in design or
<br />specifications, requires authorization from the Department.
<br />Form 101, Page 3
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