Section 3-303 Access Requirements
3-303.A. Purpose. The purpose and intent of these access requirements is to ensure that a permit not be issued for a building lot unless the lot has a lawfully established right of vehicular ingress and egress. Access to the lot must be of a standard and condition to safely and adequately accommodate the type and volume of traffic that currently uses the access, plus any increase in traffic that may be added by the permitted use. The term “traffic” includes emergency and fire fighting equipment and vehicles.
3-303.B. Adequate Vehicular Access Required. No person shall establish any new use or change the use located upon a lot unless a lawfully established route of adequate vehicular access, including both ingress and egress, to said lot is available. Adequate vehicular access shall only be determined subsequent to a determination of the intended use of the affected parcel of land. Intended use of the land shall be determined through an approval of development on the affected parcel by P&Z, HARC or the Planning Director, as applicable. Modification of design or access standards may be allowed under Article 6, Division 4, the Planned Unit Development process. A road or driveway must also be one of the following
3-303.B.1. A road maintained by the Town of Telluride, San Miguel County, or the State Highway Department. All new driveways or other access points onto publicly maintained right of way must be constructed in accordance with an access permit issued by the Town of Telluride. Where direct access is onto a road maintained by San Miguel County or the State Highway Department, an approved building permit shall satisfy this access permit requirements.
3-303.B.2. A public right of way that has been dedicated to the public and accepted as such by the Town or San Miguel County but which is not maintained by a public agency, or a road that has been found by the Town to be a public road in accordance with state statute, but which is not maintained by a public agency. However, in order to qualify as adequate access all such public roads must:
a. Be constructed to minimum driveway standards as set forth in Section 3-303.B.3 for that portion of the road that has a traffic volume with the permitted use of less than one hundred and fifty (150) Average Daily Traffic (ADT) as determined by the Public Works Department and as specified in the Right-of-Way Specifications, as hereafter may be amended. Responsibility for developing a traffic count shall be the developer’s according to procedures approved by the Public Works Department. In either case, the Public Works Department may, if deemed necessary, require road plans prepared by a Colorado Registered Professional Engineer.
b. Have access points to the public maintained road system constructed in accordance with access permits issued by the Town, San Miguel County or the State Highway Department, or other public agency.
c. Be subject to a maintenance waiver signed by the lot owner acknowledging that the Town does not maintain the roads and that the Town or area residents may form an improvement district for the purpose of constructing the roads to Town standards for public maintenance. This document shall be recorded with the San Miguel County Clerk and Recorder.
3-303.B.3. A private road or driveway. In order to qualify as adequate access, the road or driveway must meet the following requirements:
a. The owner of the building lot must have an easement or the legal right to cross other private lands or a permit to cross public lands, for vehicular access for the permitted use.
b. That portion of the road or driveway that has or will have a traffic volume with the permitted use of more than that which would be generated by a one family dwelling unit or more than ten (10) ADT, whichever is less, but less than one hundred and fifty (150) ADT, must be constructed to minimum standards, as specified in the Right-of-Way Specifications.
c. That portion of the road or driveway that has or will have a traffic volume with the permitted use of more than one hundred and fifty (150) ADT, must be constructed to residential street standards as specified in the Right-of-Way Specifications.
d. The road or driveway must have a minimum eighteen foot (18') width or be wide enough to contain the required physical improvements.
e. Any access points to the publicly maintained system must be constructed in accordance with access permits issued by the Town, San Miguel County, the State Highway Department, or other public agency.
f. The lot owner must sign a maintenance waiver acknowledging that the Town does not maintain the road or driveway. This document shall be filed for recording with the San Miguel County Clerk and Recorder.
3-303.C. Administration. Access requirements administration shall consist of the following:
3-303.C.1. Unless otherwise provided by this Title, the Public Works Department is responsible for the administration and implementation of the requirements of this Division. Such responsibilities include, but are not limited to:
a. Determining that the requirements of this Section have been satisfied and that all necessary permits have been obtained from public agencies when such prior approval is required before issuing any lot access approval;
b. Reviewing lot access approval applications, reviewing and inspecting proposed access routes, and issuing approvals if the application and proposed access route are in compliance with the requirements of this Title;
c. Analyzing submitted traffic volumes for access routes and taking measurements of actual traffic volumes if deemed necessary;
d. Determining the need for road plans to be prepared by a Colorado Registered Professional Engineer;
e. Approving the location, cross section, lines and grade and other physical characteristics of an access route based on the standards given in this section, the Right-of-Way Specifications, the Streetscape Standards and sound engineering judgment;
f. Developing and transmitting recommendations to the P&Z regarding requested variances to the provisions of this Division.
3-303.C.2. Lot access permit approval shall be obtained from the Public Works Department prior to the issuance of any building permit for any new use or change of use to be located upon a building lot. An application for lot access approval shall be filed with and on forms made available by the Public Works Department and shall include the following information:
a. The minimum contents for all applications specified in Section 5-202.C of this Title;
b. Location of parcel (Subdivision name, Block and Lot number and Section, Township, Range);
c. Location map of access road or driveway;
d. Name and location of the access point to the public maintained road system;
e. Existing or new access route;
f. General description of physical characteristics of access route including length, average traveled width, easement width, average grade, steepest grade, and surfacing material;
g. Estimated average daily traffic volume.
3-303.C.3. The Public Works Department shall approve an application for a lot access permit only if the lot access conforms to the minimum requirements set forth in, or incorporated by, this Section 3-303. In evaluating the ability of the lot access to safely accommodate the type and volume of traffic that may reasonably be anticipated, the Public Works Department shall consider the following factors:
a. The suitability of the access route for use by vehicles generally expected to use the access, as well as emergency and fire fighting equipment and vehicles, and the availability of alternative access routes;
b. The physical limitations of terrain on meeting maximum grade requirements.
3-303.C.4. The Building Official shall not issue any building permit or any use permit for the establishment of any new use or change of use to be located upon a lot, unless a lot access approval has been granted in accordance with the provisions of this Title.
3-303.C.5. A lot access permit approval shall expire three (3) years after the date of issuance if the applicant has not completed construction according to provisions of the approval.
3-303.C.6. If lot access permit approval is received as part of another development approval process, no fee will be charged. If a lot access permit is the only development application sought, the fee shall be based on the Building Department’s hourly inspection fee rate set forth in the Town’s adopted Fee Schedule.
3-303.C.7. Any person aggrieved by an inability to obtain lot access permit approval by the Public Works Department, or by any decision of the Public Works Department made in the course of the administration or enforcement of the provisions of this Section 3-303, may submit an appeal to the P&Z.
3-303.C.8. Nothing herein shall be construed to deprive P&Z or the Town Council of the authority to approve lot access or to modify lot access or street improvement standards, where such authority has been vested in P&Z or Council.