The purpose of
regulations related to driveways (chapter 14) is to ensure safe
physical access for those using the driveway as well as fire
protection and emergency response equipment as well as to assure
legal access. Homeowners are reminded that yearlong maintenance
activities are necessary to ensure that emergency services can
access the driveway. Be advised that that there may be adverse
circumstances such as weather events that may preclude access to
your property. Driveway, shared driveway and private road
maintenance are the responsibility of the property owner(s).
The purpose of regulations
related to access (chapter 13) is to:
1.
Help assure safe
travel for the traveling public,
2.
Help provide for safe
entrance and exit for those using the access,
3.
Help ensure no
negative roadway maintenance issues are created due to the access.
The highlights of the proposed
changes are as follows:
1.
Currently the
TCRD&CS Chapter 14, section 14.6.8 lists the maximum grade for
Single family dwellings (SFD) as 12%.
Public Works is of the belief that the 12% currently contained in
the TCRD&CS is not taking into account the geographical locale in
which we live. Public Works requested that the Teller County Fire
Chiefs Association (TCFCA), collectively, approve 17% as the maximum
allowable grade for driveways serving SFDs. The TCFCA approved
supporting this proposed change on March 20, 2009 at their monthly
meeting.
2.
Currently, if a
driveway cannot meet this requirement, applicant may pursue a
modification of grade requirements variance according to TCRD&CS
14.6.1 which states: “The Road and Bridge Director may approve
modification of these driveway requirements where the fire district
(or fire marshal where there is no fire district) recommends an
alternative means of providing adequate fire protection for the
structure to be served by the driveway. The Road and Bridge
Director has 15 working days to act on the request for approval of a
modification; failure to act by the end of that period constitutes
approval. The fire district (or fire marshal where there is no fire
district) has 10 working days (from notice by the Road and Bridge
Department) to respond in writing to the Road and Bridge Director
regarding the request for approval of a modification; failure to
respond by the end of that period shall be considered an indication
of no concern.” The modification process contained in the TCRD&CS
creates another problem of it’s own. One issue is where there is no
Fire District, the Fire Marshall also has no authority. The Sheriff,
who is also the Fire Marshall in those areas not covered by a
legally formed fire district, is responsible only for wildland
fires, and not for structure fires. Historically, the cities of
Cripple Creek and Victor have responded to areas outside of their
“legal” jurisdictions. The reality is that these two districts have
no legal authority outside their city limit areas. This means that
approximately 1/3 of Teller County is not covered by a fire
district.
Since these district’s legal boundaries do not extend outside their
respective city limits, and since the Sheriff has no responsibility
for structure fires, we are proposing to handle any and all
modification requests related to driveways outside of a legally
defined Fire District through the Teller County Fire Chief’s
Association (TCFCA), collectively. For those areas contained within
a formed district, that district will directly handle the variance
request. Please note that a fee has been proposed for any request of
variance related to grade and/or radii. The proposed fee for anyone
within a district is $50.00, due with the request for modification
and $100.00 for anyone not within a district, due with the request
for modification. The purpose for the fees is to reimburse the fire
district or TCFCA, as applicable, for their time and effort.
Additionally, the timeframes are proposed to be lengthened so as to
allow all parties involved a few more days to process the request
for modification.
3.
Currently TCRD&CS
14.6.6 requires a minimum width for a single SFD greater than 150’
in length to be constructed with a driving surface of a minimum 10’
and a horizontal clear width of 12’. Furthermore, TCRD&CS 14.6.6
requires that for any other use other than single SFD or
Agricultural use to have a minimum width of the driveway of at least
20’.
The County will be adopting the 2003 International Fire Code (IFC).
The 2003 IFC lists grades for driveways as 10% maximum and also
states that driveway widths must be a minimum of 20’ wide. There is
no provision for difference width requirements depending upon types
of uses. We have worked this out with the TCFCA whereby they agree
to not consider a single SFD driveway an access road thereby
allowing the grade to exceed 10% and also not requiring the 20’
width for driveways serving one single SFD. For driveways serving
more than one SFD (shared driveway), or any other use (excepting
Agricultural use), the twenty feet width driving surface remains
unchanged.
4.
Currently the
TCRD&CS does not specify a turnaround grade (flatness) other than
the 12% grade and the fire districts need a more gentle area than
12%.
At the request of the TCFCA, it is proposed that a turnaround
grade be limited to 4% so as to allow fire and emergency equipment a
safe area for their operations.
5.
Currently, TCRD&CS
do not have different radii for curves and turnarounds for
structures over 35 feet in height.
At the request of the TCFCA, it is proposed that for all SFD
structures that will exceed 35 feet in height, that radii be
increased to a minimum of 42 feet for both curves and turnarounds.
6.
Another issue
that has come up is the issue of many addresses being created off of
a road served by a shared driveway. There are those situations that
currently exist whereby up to fifteen or more residences are
technically served by a shared driveway. This often creates problems
for EMS personnel as these shared driveways have addressing off of
the road to which they connect.
It is proposed that from the day of formal adoption of this
regulation, any shared driveway serving more than five separate
parcels, the access become a formally named access way.
7.
With the many
easements existing throughout the County, the process of having
County staff determine and research the validity of these easement
documents has become extremely burdensome, not to mention the we do
not have the staff nor expertise to make these types of technical
decisions.
It is proposed that in conjunction with any access/driveway permit
application where an easement is involved, it will to be the
applicant’s responsibility to provide proof, by way of a drawing
done by a Colorado licensed Surveyor that defines the course and
dimensions of the easement(s) verbiage. It will also be necessary to
provide with the driveway/access application copies of those
documents used by the Surveyor to define those courses and
dimensions. These documents must be submitted at time of
application.
8.
Currently
driveway regulations are contained in the Teller County Roadway
Design and Construction Standards (TCRD&CS).
After the proposed changes are complete, the regulations regarding
driveways will at a later date, be transferred to the Teller County
Community Development and Services Division (CDSD) and will be
contained within either the Teller County Building Code or the
Teller County Land Use Regulations (LUR).
9.
The majority of
the changes proposed for chapter 13 are mainly to clarify and ease
the understanding of the terms, processes and definitions. In
addition, tables located elsewhere in the TCRD&CS have also been
imported into this chapter to ease some of the burden of having to
look in other chapters for pertinent information.
Click
here to view the full proposed
changes
Please provide
any written comments on these matters no later than
Friday March 12, 2010 at 4:00 p.m. to:
Teller County
Public Works
Attn: TCRD&CS
Changes
P.O. Box 805
308 Weaverville
Road, Building A
Divide, CO 80814
Or you may submit
your written comments to:
proposedchanges@co.teller.co.us
Thank you very
much for your time.
Sincerely,
Bryan
Kincaid
Right-of-Way Supervisor
Teller
County Department of Transportation
