Pursuant to Section 43-2-147(1), C.R.S., local governments are authorized to regulate vehicular access to and from any public roadway under their respective jurisdiction from or to property adjoining the roadway.
It is the purpose of this section to provide the procedures and standards necessary to protect the public health, safety and welfare, to maintain smooth traffic flow, to maintain proper roadway drainage and to protect the functional level of the County road system while meeting state, regional, local and private transportation needs and interests.
No person shall construct any access providing direct movement to or from any Pueblo County maintained roadway to or from property adjoining the roadway without an approved access permit issued by the Pueblo County Public Works Department.
Access permits shall be issued only in compliance with this Article. In no event shall an access be allowed or permitted if it is detrimental to the public health, safety or welfare.
7.4 Application for a Permit and Issuance of Permits
7.4.1 Persons wishing to apply for direct access to a County roadway shall apply to the Public Works Department on a standard form provided by the Department. In addition to the form, the Public Works Department may require any or all of the following items:
a. Site plan showing location of proposed access and proposed improvements. Plan shall show any existing access.
b. Roadway and driveway plan and profile.
c. Drainage plan of the site demonstrating mitigation of impact to the County roadway and drainage system.
d. Any proposed improvements, modifications or structures within the County right-of-way.
7.4.2 Upon receiving a complete application for an access permit, the Public Works Department shall inspect the site and inform the applicant of the site specific requirements for construction of the access. Such requirements may include surface treatment of driveway, culvert or other drainage structures, width of access, etc.
7.4.3 The actual access permit will not be finalized nor issued to the applicant until construction of the access has been completed in accordance with the specifications of this Article and in compliance with the site specific requirements as determined by the Public Works Department after field inspection.
7.4.4 If construction of an access does not commence within 1 year of the date of application, the application will become null and void. Re-application will be required.
It is the policy of Pueblo County that private direct access to the public road system will be provided by way of the lowest classified road possible. For example, no private direct access shall be granted to a property from an arterial road when the property can be accessed from a collector or lower classified road. Similarly, no private direct access shall be granted to a property from a collector road when the property can be accessed from a local access road. Exceptions to this policy will be made only when it is demonstrated that a severe hardship would be caused the property owner by strict enforcement of the policy, a hardship arising from the unique circumstances or characteristics of the particular site.
7.5.1 Principal and Minor Arterials
When private direct access is allowed to an arterial road, the following restrictions shall apply:
a) No more than one access approach shall be provided to an individual parcel or to contiguous parcels under the same ownership, unless it can be demonstrated that additional accesses would be beneficial to the safety and operation of the road system.
b) On two lane arterials access approaches may be limited to only right-in and right-out turning movements if the access is within 500 feet of the nearest intersection.
c) No access shall be permitted within 300 feet of a median opening unless the access is directly aligned with the median opening.
d) No access configuration will be allowed that requires a vehicle to back out onto the roadway.
Intersections shall be spaced no less than one half mile apart on principal arterials and one quarter mile apart on minor arterials, unless such spacing is impractical or impossible due to topographic or other physical limitations.
When private direct access is allowed to a major collector road, the following restrictions shall apply:
a) No more than one access approach shall be provided to an individual parcel or to contiguous parcels under the same ownership, unless it can be demonstrated that additional accesses would be beneficial to the safety and operation of the road system.
b) On two lane major collectors access approaches may be limited to only right-in and right-out turning movements if the access is within 500 feet of the nearest intersection.
c) No access shall be permitted within 300 feet of a median opening unless the access is directly aligned with the median opening.
d) No access configuration will be allowed that requires a vehicle to back out onto the roadway.
Major intersections--those with another collector or higher classified road--shall be spaced no less than one quarter mile apart on major collectors, unless such spacing is impractical or impossible due to topographic or other physical limitations. Spacing of public and private local access roads shall be no less than 300 feet.
7.5.3 Minor Collectors and Local Access Roads
Intersections shall be spaced no less than 150 feet apart unless such spacing is impractical or impossible due to topographic or other physical limitations.
7.6.1 The expected dates of construction and use of the access shall be included on the application for the permit. The applicant shall notify Public Works at least 72 hours prior to any construction within the County right-of-way.
7.6.2 Public Works shall inspect the access during construction as needed and upon completion of construction to ensure that all terms and conditions of the permit application are met.
7.6.3 The construction of the access and its appurtenances as required by the terms and conditions of the permit application shall be completed at the sole expense of the applicant. Pueblo County will not supply either materials or labor for the construction of the access and appurtenances.
7.6.4 It is the responsibility of the applicant to complete the construction of the access according to the terms and conditions of the permit. Public Works may order a halt to any unauthorized construction or use of an access.
7.6.5 All construction within the County right-of-way shall be performed only by a licensed, bonded, and insured contractor, pursuant to Pueblo County Resolution No. 86-283.
7.6.6 Adequate traffic control and construction signing in conformance with the most recent edition of the Manual on Uniform Traffic Control Devices is required at all times during construction of the access. All such traffic control and signing shall be at the applicant’s expense and shall not be provided by Pueblo County.
7.6.7 The allowable hours of work within the County right-of-way may be restricted due to peak hour traffic demands, storm water flow, or other pertinent operating restrictions.
7.6.8 All roadway access improvements including pavement, curbs, gutters, sidewalks, drainage structures, ditches and auxiliary lanes shall be within the County right-of-way. Any additional right-of-way required for such improvements must be dedicated or deeded to Pueblo County prior to construction beginning.
7.7.1 It is the responsibility of the property owner to ensure that the use of the access is in compliance with this Article and all conditions and terms of the permit.
7.7.2 Access permits are issued for a specific use or type of service. No change in the type of use or service (for instance from single family residential to commercial) may be made without the property owner applying for an amended access permit and securing approval from the Public Works Department. Any change in the land use of the property served by the access which, in the opinion of the Public Works Department, can be reasonably expected to result in a significant change in the volume or type of traffic using the access may necessitate issuance of a new or amended access permit.
7.7.3 Any access, whether constructed before, on, or after the date of adoption of these STANDARDS, may be required by the County to be reconstructed or relocated to conform to this Article, either at the property owner’s expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of access operation; or at the expense of the County if the reconstruction or relocation is necessitated by changes in road or traffic conditions.
For the purposes of these STANDARDS any access for which any of the following statements is true shall be considered an illegal access:
a. The access was installed after the enactment of these STANDARDS without an access permit being applied for and issued.
b. The access was installed or is being used contrary to the terms and conditions of an access permit application or an approved access permit.
c. The land use of the property or the type of the service for which the access is being used has changed significantly since these STANDARDS were enacted without an access permit or amended permit being granted.
7.8.1 Policy for Correcting Illegal Accesses
Upon discovery of an access considered illegal under the terms of this section, the Public Works Department will send written notice to the property owner. The notice will be sent via certified mail, return receipt requested, to the last known address of the owner as shown in the records of the County Assessor’s Office. Such notice will include a description of all steps necessary to bring the access into compliance. If the property owner fails to bring the access into compliance within 30 days of the written notice the Public Works Department may, at its option, install barriers across the access or remove the access.
The roadway drainage system is for the protection of the Pueblo County roadway and right-of-way. It is not designed or intended to serve the drainage requirements of abutting properties beyond the levels which have historically flowed to the County right-of-way. Drainage to the County right-of-way shall not exceed the undeveloped historical flow.
7.9.1 Drainage structures constructed as part of an access shall not restrict or obstruct the existing drainage system, and shall be in accordance with approved drainage plans or studies where applicable. Culverts shall be a minimum of 18 inches in diameter. Length, diameter, cover, type, and inlet and outlet elevation of all culverts is subject to approval of the Public Works Department.
7.9.2 Accesses shall be constructed in such a manner that does not cause erosion and will not result in deposition of silt and debris upon the County roadway. Accesses which slope down toward the public road will be constructed to include suitable means of assuring water does not run onto or across the traveled public way. This may include crown, borrow ditches, pans, etc. along the access sufficient to direct water to the existing drainage facilities along the public road.
Driveways shall conform to the geometric standards illustrated in Appendix 1, Figures 21 through 23. Any variation from the requirements shown due to physical site restrictions or unusual circumstances must be approved by the Director of Public Works.
Location of driveways shall be in accordance with Figure 24 in Appendix 1
7.10.3 Miscellaneous Requirements
a. Only one residential access per lot or parcel will be allowed unless lot frontage is of sufficient width to allow a minimum spacing of 50 feet between driveways on one parcel or lot.
b. If the road which will be accessed is paved, the Applicant shall pave the full width of the driveway access from the edge of the roadway asphalt a distance toward the property line which is the largest of any of the following which apply:
1. Top of the borrow ditch bank on the property line side of the ditch.
2. Back of sidewalk.
3. High point of driveway swale on the property line side of the driveway swale.
In no case will the driveway paving extend less than 5 feet from the edge of the roadway asphalt. The minimum depth of asphalt paving shall be two lifts of two inches each of grade C or CX hot bituminous paving. The paving shall be placed on top of a minimum 6 inches of class 6 aggregate base course material which has been compacted to 95% standard Proctor density.
c. If the road which will be accessed is not paved, the driveway shall be constructed with class 6 aggregate base course material a minimum of 9 inches in depth from the edge of the road to the property line.
d. If an unlined drainage ditch exists along the road to be accessed, the Applicant must supply and install a culvert pipe in the driveway. The length and diameter of the pipe shall be as determined by the Public Works Department, but in no case shall the pipe be smaller than 18 inches in diameter nor less than 20 feet in length. The pipe will be bedded with a minimum of 6 inches of class 6 aggregate base course material with a minimum of 1 foot of cover over the pipe, compacted to 95% standard Proctor density. A swaled access is a permissible alternative assuming all other conditions are met, at the discretion of the Public Works Department.
e. Culvert pipes shall be given one of the following end treatments at both the inlet and outlet ends at the discretion of the Director of Public Works:
* Concrete slope paving--see Figure 25 in Appendix 1.
* Concrete headwall--see Figure 26 in Appendix 1.
7.11 Driveway Location Limitations
A NEW driveway access will not be allowed:
1. Within 10 feet of any commercial property line except when it is a joint-use driveway serving two abutting commercial properties and access agreements have been exchanged between, and recorded by, the two abutting property owners;
2. When the total width of all driveways, existing and proposed, serving a given property would exceed 50% of the curb line frontage where such frontage is 100 feet or less;
3. Within 50 feet of the right-of-way line of an intersecting non-arterial road;
4. Within 100 feet of the right-of-way line of an intersecting arterial road;
5. Within 100 feet of an approved median opening location on an arterial road;
6. Within 25 feet of a guardrail ending;
7. Within 100 feet of a bridge structure;
8. Within the minimum spacing as established by Figure 24 in Appendix 1; or,
9. When adequate sight distance cannot be provided to vehicles on the driveway attempting to access the road.
Exceptions may be made by the Director of Public Works where the application of these standards
would create undue hardship to the abutting property owners.
Speed change lanes for right turning movements are required for any access (including public and private roads, driveways, etc.) based upon posted speed limits and traffic volumes according to the warrants listed in the following table.
| RIGHT TURN LANE WARRANTS | |||||
|---|---|---|---|---|---|
| Posted Speed of Main Road in MPH | 25 | 30 to 40 | 45 to 50 | 55 | |
| If the DHV of the main road is | 500 | 400 | 200 | 150 | 2 lane road |
| 1400 | 1200 | 800 | 600 | 4 or more lanes | |
| And the DHV/ADT of the access or minor road is | 50/140 | 40/350 | 20/175 | 15/150 | 2 lane road |
| 70/625 | 60/550 | 40/350 | 25/225 | 4 or more lanes | |
| a) For roads with four travel lanes, DHV values of the main road will be only in the direction of the access approach. | |||||
| b) A right turn acceleration lane is not required if the posted speed is 40 mph or less, nor at a signalized intersection. | |||||
| c) DHV of the road may be obtained from the Public Works Department and is considered to be the average peak hourly volume for a twenty year projection. |
When required, speed change lanes for right turning movements shall be constructed in accordance with the following table:
| RIGHT TURN LANE | ||||
|---|---|---|---|---|
| Acceleration Lane | Deceleration Lane | |||
| Posted Speed | Lane Length | Taper | Lane Length | Taper |
| 30 | 90 | 100 | 105 | 80 |
| 35 | 165 | 125 | 130 | 105 |
| 40 | 200 | 180 | 150 | 140 |
| 45 | 270 | 210 | 190 | 160 |
| 50 | 440 | 240 | 225 | 180 |
| 55 | 500 | 300 | 250 | 240 |
Speed change lanes for left turning movements are required for any access (including public and private roads, driveways, etc.) based upon posted speed limits and traffic volumes according to the warrants listed in the following table.
| LEFT TURN LANE WARRANTS | |||||
|---|---|---|---|---|---|
| Posted Speed of Main Road in MPH | 25 | 30 to 40 | 45 to 50 | 55 | |
| If the DHV of the main road is | 500 | 400 | 200 | 150 | 2 lane road |
| 1000 | 900 | 600 | 400 | 4 or more lanes | |
| And the DHV/ADT of the access or minor road is | 30/250 | 20/175 | 15/125 | 12/100 | 2 lane road |
| 45/375 | 30/250 | 20/175 | 12/100 | 4 or more lanes | |
| a) For roads with four travel lanes, DHV values of the main road will be only in the direction of the access approach. | |||||
| b) A right turn acceleration lane is not required if the posted speed is 40 mph or less, nor at a signalized intersection. | |||||
| c) DHV of the road may be obtained from the Public Works Department and is considered to be the average peak hourly volume for a twenty year projection. |
When required, speed change lanes for left turning movements shall be constructed in accordance with the following figure and table:
| LEFT TURN LANE | |||
|---|---|---|---|
| Posted Speed | Approach Taper | Bay Taper | Lane Length |
| 30 | 280 | 100 | 135 |
| 35 | 350 | 125 | 150 |
| 40 | 420 | 150 | 165 |
| 50 | 630 | 200 | 235 |
| 55 | 700 | 250 | 250 |
For use of the above figures and tables and the design of speed change lanes, the following notes apply:
• Minimum width of speed change lanes shall be 12 feet, exclusive of shoulder.
• The design hour volume, DHV, shall be considered the average peak hour volume.
• Applicants for residential accesses serving more than 10 dwelling units, commercial accesses, and industrial accesses shall submit a traffic study which includes estimates of the volume and type of traffic to be using the access at build-out, turning movements into and out of the access, the effect of the proposed access on the existing traffic on the public road to be accessed, and any other information deemed by the Public Works Department to be necessary to evaluate the specific site requirements.
• The lengths shown for speed change lanes are minimum lengths which may need to be increased due to grade, sight distance, topography, etc. For grades of 3 percent or more the lane length shall be increased in accordance with the factors contained in the Colorado Department of Transportation’s Roadway Design Manual.
• For deceleration lanes where vehicle turning movements are 30 DHV or more, additional storage length is required according to the following:
| DHV of Deceleration Lane | Additional Storage Length |
|---|---|
| 30 | 25 |
| 60 | 50 |
| 100 | 100 |
| 200 | 175 |
| 300 | 250 |
Minimum administrative and inspection fees shall be charged to the applicant for any access permit. The fee is intended to cover the actual cost incurred by the Department of Public Works in administration of the permit and inspection of the proposed location of the access and construction of the access for compliance with the standards outlined in this policy.
7.13.1 The minimum permit fee for an access permit shall be as follows:
| Type of Access (based on use) | Fee |
|---|---|
| Residential | $25.00 |
| Agricultural | $25.00 |
| Commercial | $50.00 |
| Industrial | $50.00 |
7.13.2 The minimum application fees listed in 7.13.1 are due and payable at the time of application and prior to the issuance of any permit.
7.13.3 In addition to the minimum fees listed in 7.13.1, the applicant will be billed for additional costs incurred by the Public Works Department as a result of the applicant’s failure to comply with the conditions and terms of an access permit application or the requirements for notification prior to construction as stated herein. The additional costs will be based upon the actual time spent by the Construction Inspector or other designated representative in inspecting the construction of the access when more than the initial field inspection of the construction is required due to the failure of the applicant or his hired contractor to comply with the requirements and specifications of this policy. The actual cost will be determined based upon the actual time spent in such additional inspections, including travel time, multiplied times the loaded wage rate for the inspector involved.
7.14 Damage to County Roadway and Improvements
Any damage to the pre-existing County roadway, drainage ways, structures, traffic control devices, etc. within the County right-of-way arising from or occurring during the construction of the roadway access, or performed on the property served in connection with the use for which the permit is applied, shall be promptly repaired by the applicant prior to the final issuance of the permit. All debris, rubble, excess material, etc. will be removed from the County right-of-way.