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7ha following paragraph are pertln~ighllghts o1 the State Hlghwey Aeeess Co~hese are provided for your convenience
<br />but do not allevlale eompllanee with sections of the Access Code. A copy of the ate Hlghwey Access Code Is available'
<br />Irom your local Issuing authority (local government) or the Colorado Department of Transportation (Department). When this
<br />permit was Issued, the Issuing authority made Its decision based In part on Inlormetion submitted by the applicant, on the
<br />access category which Is assigned to the highway, what alternative access to other public roads and streets Is evallable, and
<br />safety and design standards. Changes In use or design not approved by the permit or the Issuing authority may cause the
<br />revocation or suspension of the permit.
<br />-1 Appeals
<br />1 • Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
<br />Uepertment, an appeal must be tiled with the Colorado Transportation Commission within 60 days of transmittal of
<br />the permit for permittee signature. The request for the hearing shell be filed in writing and submitted to the Colorado
<br />Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
<br />for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
<br />2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
<br />agreement is reached, the Department, with the approval of the local issuing authority (il applicable), may revise the permit
<br />accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the
<br />original application, proposed design or access use will normally require submittal of a new application.
<br />3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
<br />the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be
<br />brought to the Commission within 60 days of transmittal of the permit.
<br />4. Any appeal by the applicant or permittee of action by the local issuing authority when i[ is the appropriate local authority
<br />(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
<br />authority.
<br />5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
<br />and Recorder.
<br />II Conatructlon standards end requirements
<br />1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
<br />time extension may be granted if requested in writing prior to permit expiration.
<br />2. The.applicantshallnotifytheoflicespecifiedonthepermitatleast48hourspriortoconstruction.Acopyofthepermitshall
<br />be available }or review at the construction site. Inspections will be made during construction.
<br />3. The access construction within highway right-of-way must be completed within 45 days.
<br />4. It Is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of
<br />the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
<br />authority and Department and included on the permit. The Department or issuing authority may order a halt to any
<br />unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
<br />failed to meet required specifications of design or materials. If any construction element fails within two years due to
<br />improper construction or material specifications, the permittee is responsible for all repairs.
<br />5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely
<br />braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts end wire
<br />removed are Department property and shall be turned over to a representative of the Department.
<br />6. Acopy of the permit shall be available for review at the construction site. ll necessary; minor changes antl additions shall be
<br />ordered by the Department or local authority field inspector to meet unanticipated site conditions.
<br />7. The access shall be constructed and maintainedinamannerthatshallnotcausewatertoenterontotheroadway,andshall
<br />not Interfere with the drainage system in the right-of-way.
<br />8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
<br />permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
<br />at the direction of the Department or utility 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.
<br />9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform
<br />Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This
<br />is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
<br />agents and 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 Changes In use and violations
<br />1. If there are changes in the use of the access, the access permit-issuing authority must be notified of the change. A change in
<br />._ . ~ property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
<br />conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are;
<br />an increase in vehicularvolume by 20 percent, or an increase by 20 percent of a directional characteristic such es a left turn.
<br />The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.
<br />2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
<br />3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may
<br />obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
<br />IV Further Inlormatlon
<br />1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
<br />completed permit application form with the issuing authority. The issuing authority may take action only on the request for
<br />improvement. Denial does not revoke the existing access.
<br />2. The permittee, hisheirs,successors-in-interest, and assigns, of the property serviced by the access shall be responsible for
<br />meeting the terms and conditions of the permit 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. The Department shall maintain in
<br />unincorporated areas the highway drainage system, including those culverts under the access which are part of that system
<br />within the right-of-way.
<br />3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
<br />returned the permit signed and paid any required fees.
<br />4. The Department may, when necessary for the improved safety and operation of the roadway, 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, may be required by the Department, with written
<br />concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
<br />the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
<br />which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
<br />relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall
<br />be determined by reference to the standards set forth In the Access Code.
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