4 Colo. Code Regs. § 723-7-7204

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-7-7204 - Application Contents

(a) An application may be filed for final approval of plans/drawings or for preliminary approval of conceptual level design plans/drawings (plans at any level other than final design). If a request for preliminary approval is included, an additional filing of final plans and estimates for final Commission approval will be required in the same proceeding. In the case of an application (other than to modify or replace the existing crossing surface without changing the width or configuration of a crossing) to construct, alter, or abolish a crossing, a utility crossing, or to install or modify active or passive crossing warning devices, the application shall include, in the following order and specifically identified, the information, as applicable to the specific type of application, in the application or in appropriately identified attachments.

(I) All crossing applications shall contain the following information:

(A) the contact person name, mailing address and e-mail address to whom the Commission notice is to be sent:

(i) for each railroad, railroad corporation, rail fixed guideway, or transit agency that owns the tracks affected by an application filed by a road authority;

(ii) for each road authority that owns the roadway affected by the application filed by a railroad, railroad corporation, rail fixed guideway, transit agency, or other person, firm, or corporation that will own the tracks affected by the application;

(B) the railroad and/or rail fixed guideway line name and milepost number where the crossing that is subject of the application is located;

(C) the National Inventory Number and the National Inventory Form for an existing crossing, or a statement that no National Inventory Number and/or National Inventory Form exists for a new crossing;

(D) all accident reports for the crossing and/or a listing of all accidents for any rail fixed guideway tracks through the crossing, or a statement that no accident reports and/or listing of rail fixed guideway accidents exist for the crossing;

(E) a statement of the date that the required crossing safety diagnostic occurred, or a copy of written correspondence from Commission staff that a crossing safety diagnostic was not required;

(F) a statement of:

(i) the existing number and character of trains (e.g., through movements, switching movements) passing through the crossing each day if the National Inventory Form has not been updated within three years from the date of the filing of the application, or the existing number, character, and timetable speed of trains as shown on the National Inventory Form if the form has been updated within three years from the date of the filing of the application;

(ii) the five-year projection of increases or decreases of the number and character of trains using the crossing; and

(iii) the maximum timetable speed of trains using the crossing.

(G) A detailed statement as to the nature of and need for the construction, alteration, abolition, installation, or modification for which approval is sought;

(H) a statement of the scope of the project, including without limitation:

(i) the highway design, pathway design, crossing warning devices, and necessary traffic signal interconnection and preemption;

(ii) the detailed itemized estimated cost of the proposed construction, alteration, abolition, or highway-rail or pathway crossing warning device installation or modification;

(iii) how applicant proposes to provide for the cost, explaining the proposed apportionment between or among the parties in interest if applicable; and

(iv) if the funds necessary for the project are currently available and encumbered.

(I) A statement of the estimated month and year for:

(i) the start date for the construction, alteration, abolition, or crossing warning device installation or modification;

(ii) the completion date for the construction, alteration, abolition, or crossing warning device installation or modification; and

(iii) the date for commencement of operations through the crossing for new crossings.

(J) A vicinity map that includes the proposed project limits (i.e., a map that includes the general area circumscribing the project);

(K) the names and mailing addresses of all persons, including adjacent property owners, public utilities, and local government agencies that may be interested in or affected by the application;

(L) if the crossing is at-grade: a statement fully justifying why a separation of grades is not practicable under the circumstances.

(M) a statement if the application is seeking preliminary approval of conceptual level design plans, or if the application is seeking final approval of final design plans; and

(N) a statement if the application includes a request to install a temporary safety measure.

(II) Applications for all highway-rail crossings shall include:

(A) the existing ADT volume and character of vehicles (including, but not limited to estimated percentage of heavy vehicles and a statement about whether school buses use the crossing) passing through the highway-rail crossing each day if the traffic volume on the National Inventory Form has not been updated within three years from the date of the filing of the application, or the existing ADT volume and character of vehicles passing through the highway-rail crossing each day as shown on the National Inventory Form if the traffic volume on the form has been updated within three years from the date of the filing of the application. If the ADT volume has not been updated within three years from the date of the filing of the application, the road authority will be responsible for paying for the cost of the updated ADT count;

(B) the five-year and twenty-year ADT volume projections of vehicles using the highway-rail crossing; and

(C) the posted or unposted speed limit for the vehicles traveling through the highway-rail crossing.

(III) Applications for all pathway crossings shall include:

(A) the existing or estimated number of pedestrians and bicycles passing through the pathway crossing each day and a statement if the number is based on an actual count or an estimate; and

(B) the five-year and twenty-year projections of the number of pedestrians and bicycles using the pathway crossing.

(IV) Applications that include a request for temporary safety measures filed pursuant to paragraph 7203(f) shall include:

(A) a statement of the temporary safety measure being sought;

(B) schematic plans of the temporary measure to be implemented;

(C) the diagnostic notes including a list of all in attendance; and

(D) a statement that the diagnostic team is in consensus with the temporary safety measure being sought.

(V) Applications for preliminary or final approval of new at-grade crossing shall include:

(A) detailed plans/drawings of a suitable scale, showing the at-grade crossing, including signing and striping, tracks, buildings, structures, property lines, and public highways within the right-of-way limits of the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency;

(B) a profile drawing showing grade lines and proposed grade lines of approaches on the public highway or pathway, and the tracks being crossed that may be affected by the proposed or existing crossing;

(C) proposed roadway classification (e.g., local road, collector, arterial, freeway) and a cross-section drawing of the road authority's standards for that roadway classification or cross-section drawing of the pathway; and

(D) the following documentation for all existing crossings within one-mile of the proposed location of the new crossing in urban locations or within towns, or the two crossings nearest the proposed crossing in rural locations:

(i) the National Inventory Number and National Inventory Form;

(ii) all accident reports or a statement that no accident reports are available; and

(iii) the existing ADT volume and character of vehicles (including, but not limited to, estimated percentage of heavy vehicles and a statement about whether school buses use the crossing) passing through the highway-rail crossing each day if the traffic volume on the National Inventory Form has not been updated within three years from the date of the filing of the application, or the existing ADT volume and character of vehicles passing through the highway-rail crossing each day as shown on the National Inventory Form if the traffic volume on the form has been updated within three years from the date of the filing of the application. If the ADT volume has not been updated within three years from the date of the filing of the application, the road authority will be responsible for paying for the cost of the updated ADT count.

(VI) Applications for preliminary or final approval to widen, narrow, or relocate an existing crossing shall include:

(A) detailed plans/drawings of a suitable scale, showing the grade crossing, including signing and striping, tracks, buildings, structures, property lines, and public highways within the right-of-way limits of the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency;

(B) a profile drawing showing grade lines and proposed grade lines of approaches on the public highway or pathway and the tracks being crossed that may be affected by the proposed or existing crossing;

(C) existing roadway classification (e.g., local, collector, arterial, freeway) and a cross-section drawing of the roadway authority's standards for that roadway classification or cross-section drawing of the pathway; and

(D) proposed roadway classification (e.g., local road, collector, arterial, freeway) and a cross-section drawing of the roadway authority's standards for that roadway classification or cross-section drawing of the pathway;

(VII) Applications for preliminary or final approval to close a crossing by removal of the tracks shall include:

(A) detailed plans/drawings of a suitable scale showing the details of the crossing closure plan;

(B) a copy of the notice of proposed closure of the crossing as required under paragraph 7208(c); and

(C) traffic volumes required under (II) are not required.

(VIII) Applications to close a crossing by removal of the roadway or pathway shall include:

(A) the following documentation for all existing crossings within one-mile of the proposed location of the crossing to be closed in urban locations or within towns, or the two crossings nearest the proposed crossing to be closed in rural locations:

(i) the National Inventory Number and National Inventory Form;

(ii) all accident reports or a statement that no accident reports are available;

(iii) the existing ADT volume and character of vehicles (including, but not limited to, estimated percentage of heavy vehicles and a statement about whether school buses using the crossing) passing through the highway-rail crossing each day if the traffic volume on the National Inventory Form has not been updated within three years from the date of the filing of the application, or the existing ADT volume and character of vehicles passing through the highway-rail crossing each day as shown on the National Inventory Form if the traffic volume on the form has been updated within three years from the date of the filing of the application If the ADT volume has not been updated within three years from the date of the filing for the application, the road authority will be responsible for paying for the cost of the updated ADT count;

(B) detailed plans/drawings of a suitable scale showing the details of the crossing closure plan; and

(C) the notice of proposed closure of the crossing as required under paragraph 7208(c).

(IX) Applications for preliminary or final approval to install or change passive warning devices at crossings shall include:

(A) a description of the type of warning device the applicant proposes to install; and

(B) the detailed railroad cost estimate of the crossing warning devices;

(X) Applications for preliminary or final approval for installation of new active warning devices, replacement of existing active warning devices, or replacement of existing train detection circuitry at crossings shall include:

(A) detailed plans/drawings of a suitable scale, showing the crossing, including signing and striping, tracks, buildings, structures, property lines, and public highways within the right-of-way limits of the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency;

(B) a description of the type of warning devices the applicant proposes to install (reference may be made to recommended standards on highway-rail grade crossing warning devices as published in current editions of the MUTCD and/or the American Railway Engineering and Maintenance-of-Way Association's Signal Manual of Recommended Practice);

(C) the initial written railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track cost estimate, which, as applicable, must include, at a minimum, specific lines for labor, materials, and circuitry costs of the crossing warning devices and must be provided by such entity to the road authority within the timeframe outlined in paragraph 7212(e); and

(D) the schematic diagram of the crossing warning devices (commonly referred to as the "front sheet" or the "state sketch") and shall specifically identify the equipment response time, advanced preemption time, minimum warning time, clearance time, buffer time, and total warning time, and must be provided within the timeframe outlined in paragraph 7212(e).

(XI) Applications for preliminary or final approval involving installation of four quadrant gate active warning devices shall include:

(A) a description of the type of four quadrant exit gate operating mode proposed (e.g., timed, dynamic exit gate vehicle detection, or timed/dynamic combination);

(B) for timed exit gate operating mode, the proposed exit gate clearance time, a description of the methodology used to determine the exit gate clearance time and the calculations performed to determine the exit gate clearance time;

(C) for dynamic exit gate operating mode, a description of the type of vehicle detection proposed, a plan drawing showing the proposed vehicle detector placement(s) and description and timings of how the vehicle detection will operate; and

(D) a letter of concurrence from Commission staff regarding the proposed four-quadrant operations and timings, or a statement that Commission staff does not concur with the proposed four-quadrant operations and timings.

(XII) Applications for preliminary or final approval involving interconnection to traffic signals or queue cutter signals and preemption by active warning signals shall include:

(A) a statement of the proposed preemption operations (e.g., simultaneous, advanced);

(B) the traffic signal timings, including:

(i) the traffic signal cycle length;

(ii) minimum green time for each signal phase and pedestrian phase;

(iii) green times for each signal phase;

(iv) yellow change times for each signal phase;

(v) red clearance times for each signal phase;

(vi) walk times for each pedestrian phase;

(vii) flashing don't walk times for each pedestrian phase;

(viii) the traffic signal phasing diagram including the preemption sequence; and

(ix) a statement of whether and what type of gate down circuitry will be used.

(C) A list of and calculations for the following distances and timings:

(i) minimum track clearance distance;

(ii) design vehicle designation and length;

(iii) clear storage distance;

(iv) preemption delay time;

(v) controller response time to preemption call;

(vi) worst case conflicting vehicle time and worst case conflicting pedestrian time;

(vii) maximum highway traffic signal preemption time;

(viii) right-of-way transfer time;

(ix) queue clearance time;

(x) clearance time;

(xi) separation time;

(xii) advance preemption time;

(xiii) minimum warning time; and

(D) a letter of concurrence from Commission staff regarding the proposed preemption operations and timings, or a statement that Commission staff does not concur with the proposed preemption operations and timings.

(XIII) Applications requesting cost allocation to the Highway-Rail Crossing Signalization Fund or projects for which the Colorado Department of Transportation has appropriated Federal Section 130 Fund shall contain specific information regarding the requested apportionment of costs between the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency, the road authority, and the Highway-Rail Crossing Signalization Fund or Federal Section 130 Fund.

(XIV) Applications for preliminary of final approval to change an existing crossing from a public crossing to a private crossing shall include:

(A) the following documentation for all existing crossings within one-mile of the proposed location of the new crossing in urban locations or within towns, or the two crossings nearest the proposed crossing in rural locations:

(i) the National Inventory Number and National Inventory Form;

(ii) copies of all accident reports or a statement that no accident reports are available for those crossings; and

(iii) the existing ADT volume and character of vehicles passing through the highway-rail crossing each day if the traffic volume on the National Inventory Form has not been updated within three years from the date of the filing of the application, or the existing ADT volume and character of vehicles passing through the highway-rail crossing each day as shown on the National Inventory Form if the traffic volume on the form has been updated within three years from the date of the filing of the application.

(B) Documentation (ordinance, ruling, etc.) showing that the road authority agency is proposing to remove the road from its network of ownership, operation, and maintenance; and

(C) documentation showing the person that will be owning, operating, and maintaining the private roadway.

(XV) Applications for preliminary or final approval to change an existing crossing from a private crossing to a public crossing shall include:

(A) proposed roadway classification (e.g., local road, collector, arterial, freeway) and a cross-section drawing of the road authority's standards for that roadway classification or cross-section of the pathway;

(B) a statement that the existing crossing meets the standards of the proposed roadway classification or a statement that the roadway will be changed to meet the current roadway classification standards; and

(C) documentation (ordinance, ruling, etc.) showing that the road authority is accepting the road into its network for ownership, operation, and maintenance.

(XVI) Applications for preliminary or final approval to construct a grade separated crossing shall include:

(A) detailed plans/drawings of a suitable scale, showing the crossing, including signing and striping, tracks, buildings, structures, property lines, and public highways within the right-of-way limits of the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency;

(B) a profile drawing showing grade lines and proposed grade lines of approaches on the public roadway, highways, streets, or pathways and the tracks being crossed that may be affected by the proposed or existing crossing;

(C) bridge plan drawings that show, at a minimum:

(i) the total length of the bridge structure;

(ii) the length of each individual span for multiple span bridge structures;

(iii) the location of all existing and any possible proposed future tracks in relation to the bridge structure;

(iv) the minimum vertical clearance from the top of rail or pavement to the bottom of structure;

(v) the minimum horizontal clearance from centerline of track to face of pier or abutment if track is under the bridge structure; and

(vi) the cross-section of the bridge showing information regarding the roadway, pathway or railroad configuration including, but not limited to, out-to-out distance, fencing, lane widths, walkway widths and median widths.

(XVII) Applications for any preliminary approval of plans/drawings shall include:

(A) the date by which all final plans/drawings for which preliminary or conceptual level plans/drawings were provided with the application will be filed for approval; and

(B) a waiver of the applicable statutory period in § 40-6-109.5, C.R.S. regarding the time limit for decisions.

(XVIII) Applications for a utility crossing shall include:

(A) the contact person name, mailing address and e-mail address to whom the Commission notice is to be sent:

(i) for each railroad, railroad corporation, rail fixed guideway, or transit agency that owns the tracks affected by an application filed by a utility; and

(ii) for each utility affected by the application filed by a railroad, railroad corporation, rail fixed guideway, transit agency, or other person, firm, or corporation that will own the tracks affected by the application.

(B) the railroad and/or rail fixed guideway line name and milepost number where the crossing that is subject of the application is located;

(C) a detailed statement as to the nature of and need for the construction, alteration, abolition, installation, or modification for which approval is sought;

(D) a statement of the scope of the project, including without limitation:

(i) the utility construction location;

(ii) the detailed itemized estimated cost of the proposed utility crossing construction, alteration, abolition, or modification;

(iii) how applicant proposes to provide for the cost, explaining the proposed apportionment between or among the parties in interest if applicable; and

(iv) if the funds necessary for the project are currently available and encumbered.

(E) A statement of the estimated month and year for:

(i) the start date for the utility crossing construction, alteration, abolition, or modification; and

(ii) the completion date for the utility crossing construction, alteration, abolition, or modification.

(F) A vicinity map that includes the proposed project limits (i.e., a map that includes the general area circumscribing the project);

(G) the names and mailing addresses of all persons, including adjacent property owners, public utilities, and local government agencies that may be interested in or affected by the application;

(H) detailed plans/drawings of a suitable scale, showing the utility crossing, tracks, buildings, structures, and property lines within the right-of-way limits of the railroad, railroad corporation, rail fixed guideway, rail fixed guideway system, or transit agency; and

(I) a profile drawing showing grade lines and proposed grade lines of the utility in relation to the tracks being crossed.

(b) Any engineering schematics, plans, drawings, or maps submitted pursuant to this rule shall be submitted on pages no larger than 11" x 17". All engineering schematics, plans, drawings and maps must be legible. All plan and profile drawings submitted must be able to be printed to and measured by the identified scale.

(c) If the applicant adopts a substantive change to any map, drawing, plan, or schematic that has been filed with the application, the applicant shall file the new map, drawing, plan, or schematic within ten days of the change. In all cases, the applicant shall submit final maps, drawings, plans, or schematics, as applicable, within ten days of the availability of such final maps, drawings, plans, and schematics.

(d) An application filed pursuant to paragraph 7203(f), may only be filed subsequent to discussion of the temporary safety measure and consensus of a diagnostic team consisting of the road authority, the railroad, railroad corporation, rail fixed guideway, or transit agency, Commission staff, and the Colorado Department of Transportation if the project is a Section 130 project Notice of the temporary safety measure is provided pursuant to paragraph 7208(d).

4 CCR 723-7-7204

40 CR 14, July 25, 2017, effective 8/14/2017

41 CR 14, July 25, 2018, effective 8/14/2018

42 CR 07, April 10, 2019, effective 4/30/2019

45 CR 11, June 10, 2022, effective 6/30/2022

47 CR 07, April 10, 2024, effective 4/30/2024