Town Refusing Utility Access Road Cuts

Town Refusing Utility Access Road Cuts

Real Estate Agent · Evergreen, CO · Member since 2015 · 126 posts · 73 votes

I am doing a modular build in the mountains of Colorado. As background, I subdivided my lot into tow lots and during this process which occurred last year also informed the town that I would be building one home on each of the lots the following year. That time is now and I am currently in the process of my build. My modular homes are complete and waiting for a foundation. This is almost done. Yet my issues is this...

Despite informing the town of my intentions last year, obtaining building permits, and even obtaining a utility access permit to cut into the road for my electrical, the city is now coming to me and saying that I can't cut into the road to access utilities for my homes until they are done with a bridge project that is causing traffic to be routed past my property. They refuse to reroute the traffic and instead are requiring me to wait until they are done. Here's the issue. This is in a mountain town. Winters come quick. The standard cut off time for utility road cuts is October 15th. They are telling me they won't let me do anything until October 21st. I am working on trying to get this in writing. e.g. some sort of waiver that states they will let me cut during this time even though it is after their standard October 15th deadline and that I can use something like a recycled asphalt upon completion as a road fix until spring as the hot plant will more than likely be closed by this point in time.

So my question...

- Anyone have any idea of any recourse for a situation like this? 

- Am I completely at their mercy?

I am hoping that I can get some sort of assurance from them regarding my ability to cut after the standard October 15th deadline but being a planner, I want to figure out any options I have now.

Any thoughts/ideas welcomed! Thank you in advance.

Michael

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  • Developer · Ottawa, Ontario · Member since 2014 · 212 posts · 169 votes
    7y

    Is the issue that they don't want to disrupt traffic? What if you propose to perform the cut between midnight and 6AM, and then cover the cut with a steel plate during daytime hours? Filling the cut and refinishing would happen again during nighttime hours. Worth a shot.

  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    7y

    Yes you are essentially completely at their mercy. They are not withholding approvals, or refusing service, just saying that it needs to fit in their 'for the greater good' schedule. We have very similar criteria here in the beach areas during the summer, and around retail centers during holidays. There are generally three potential ideas to try, and then your last is to just wait...possibly until the moratorium is over (spring in your case).

    1) Work hours restrictions i.e night or weekend ect if the detour isn't 24/7

    2) Mitigate with alternative methods i.e. directional bore and only trench for the connection hole

    3) Mitigate the traffic control issue i.e. use flagmen and close down one lane at a time

    All of those are at their mercy to agree to in most cases. For clients that is why they call me because I know who to talk to and how to present it in order to hopefully get a favorable outcome. Of course different municipalities are different so your may be more 'common sense' or less. But hopefully with one of those options you can at least make some progress before winter.


    1. Real Estate Agent · Evergreen, CO · Member since 2015 · 126 posts · 73 votes
      7y

      Thanks for the thoughts Victor and Matt. I spoke with them about a re-route, direct bore and only closing half the road and using flagmen since the sewer line is in the middle (slightly offset in my favor towards my side of the road, but they didn't bite on any of these. I like the off hours idea and potentially the night time option. I will ask about this, although I am guessing they will say since it is in a residential area that it would be a nuisance. Never hurts to ask. 

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