LARIMER COUNTY RURAL AREA ROAD STANDARDS

Chapter 1 – General InformationSection 1.10 Variances (Departures from the Standards) and Appeals1.10 VARIANCES (DEPARTURES FROM THE STANDARDS) AND APPEALSVariances from the standards in this manual will be considered on a case-by-case basis. If thespecial district, developer, contractor, or utility responsible to the County for publicimprovements desires to design and construct such improvements in variance to thesestandards, such variance(s) shall be identified in a written attachment to the initial submittal ofconstruction plans. The variance request(s) shall consist of:A. Identification of the standard provision to be waived or varied.B. Identification of the alternative design or construction standards to be adhered to.C. A thorough justification of the variance request including impact on capital andmaintenance requirements and cost.D. Request shall be prepared and sealed by a professional civil engineer licensed topractice in Colorado.If, upon review and denial of the variance by the Engineer, the developer chooses to appeal thedecision, they shall make his first appeal to the Director of Public Works (DPW).If the denial of the variance is upheld by the DPW the developer may appeal to the Board ofCounty Commissioner (BCC). The developer shall give the Director of Public Works at least five(5) working days notification prior to date of appeal to the BCC.The developer shall make appeal to the BCC within 60 days from receipt of denial from theDirector of Public Works. All notices, variances and appeals shall be in writing.1.11 AUTHORITY OF DIRECTOR OF PUBIC WORKSThe Director of Public Works or their designee shall have the authority, on behalf of the County,to ascertain that all design and construction is equal to or exceeds the minimum requirementsset forth in these standards.1.12 FLOOD PLAINPortions of the County are within the Floodway, Flood Fringe and Flood Hazard overlay districts.The Larimer County Land Use Code and Stormwater Design Standards should be referred tofor additional standards for roads within these districts.1.13 COST ESTIMATE AND IMPROVEMENT AGREEMENTAny Applicant (i.e. the Land Subdivider) for Final Plat cost approval must provide theEngineering Department with an itemized estimate of all Public Improvements (as defined byState statute) associated with the subdivision. Cost estimates are to establish the amount ofcollateral provided by the applicant to secure the Development Agreement (DA). An amountequal to 15% of the total Cost Estimate shall be added to the total cost to cover constructioncontingencies.After review and acceptance of the Cost Estimate by the Engineer, the cost estimate must beincorporated into a DA in a standard format or format suitable to the County Attorney. The DAshould be executed by the applicant prior to the BCC hearing scheduled for the Final Platapproval. Collateral must be provided by the applicant in the form and amount as defined in theLarimer County Rural Area Road Standards Page 1-3October 22, 2007