A. Purpose And Intent: Encroachment permits must be obtained whenever a developer, contractor, property owner, or other individual proposes to connect a driveway to an existing public or private roadway or recreational pathway in the village of Angel Fire. The reason for requiring access permits is to ensure the design of the connection meets the specifications in these guidelines and allows for proper drainage. Access permits are also intended to assure adequate reconstruction and/or repair of any damage caused to the village street right of way, or recreational pathway easement roadway or recreational pathway during construction of the connection. Access permits shall be obtained before building permits may be issued.
Warrants and design criteria for access shall be required, pursuant to the "State Access Management Manual" and the AASHTO "Green Book", latest editions.
B. Licenses And Bonds: Any individual proposing to construct a driveway connection to an existing village roadway or recreational pathway shall obtain an encroachment permit as provided in this section. Before undertaking any excavation within a village street right of way, or recreational pathway easement, an individual must hold a valid contractor's license, for the state of New Mexico, or must post a surety bond and must obtain an approved right of way, or recreational pathway easement permit as provided under this code. Bonds shall be posted with, and permits obtained from, the village planning department.
C. Subdivision Access: There shall be no less than two (2) street rights of way accessing any subdivision to minimize traffic congestion and/or blockage in times of emergency.
For access to a subdivision, a paved access to the subdivision from village, county or state roads shall be provided by the developer through public streets that conform to these guidelines.
D. Procedures/Requirements For Issuance Of Encroachment Permits: The following procedures, in addition to those provided under applicable sections of this code must be followed and requirements met in the review of applications for encroachment permits:
1. Submittal Requirements For Encroachment Permits: The following information must be submitted with any application for an encroachment permit, unless specific items are waived by the public works director as unnecessary:
a. Fee as required by resolution of the village council.
b. Completed permit form.
c. Site plan showing the following information:
(1) Well location, if any.
(2) Existing structures, if any.
(3) Proposed structures including any garages.
(4) Location of property lines.
(5) Location of required setbacks and their dimensions.
(6) Location of proposed driveways and their grades.
(7) Location of any parking area proposed in lieu of meeting required driveway grades.
(8) Access point to village roadway.
(9) Location of drainage culvert, if applicable.
(10) Location of utilities, if applicable.
d. Evidence of legal access.
2. Action On Encroachment Permits: Applications for encroachment permits shall be submitted to the public works department for review and action. Approval shall be granted only if the proposed driveway, roadway or recreational pathway connection meets the specifications in these guidelines and the required fee has been paid. Approval of an encroachment permit may be accompanied by any conditions deemed reasonable by the public works department to ensure protection of health, safety and welfare and compliance with these regulations. Applications for encroachment permits must be submitted at least one week prior to planned commencement of construction, and construction cannot commence without permit approval. Whenever an encroachment permit is needed for a development project, building permits shall not be issued for the project until approval is granted for the needed encroachment permit.
a. Private driveway encroachment to single-family development is not permitted on principal arterials, minor arterials or collector streets where encroachment to a minor street is also available.
E. Construction Specification For Encroachment Work: All work undertaken to connect driveways to existing village roadways shall conform to the NMDOT "Standard Specifications For Highway And Bridge Construction", latest edition and/or the construction standards referenced in these regulations.
F. Construction Schedule For Encroachment Work: As part of its approval of an encroachment permit, the public works department shall also approve a construction schedule. The approved schedule shall not be changed after the permit is issued without the written consent of the public works department.
G. Supervision Of Encroachment Work: The permittee shall at all times conduct work within village right of way, or recreational pathway easement so as to avoid obstruction and hazard to the traveling public. Materials necessary for construction of encroachment points to the village roadway shall not be stored in the village right of way, or recreational pathway easement at any time. The roadway and roadside area where encroachment work has been performed shall be thoroughly cleared of all debris and extraneous material and shall be restored to a condition equal to or better than the original when construction is concluded.
H. Responsibility For Rework On Encroachment Connections: The permittee shall be fully responsible for the maintenance and correction of any faulty construction, including unstable road cuts and potholes developed during the construction period and for a period of one year following the final inspection of the encroachment work. All deficiencies shall be resolved to the satisfaction of the public works department and shall meet the requirements of these standards. Failure to do so could be cause for denial for future encroachment permits. (Ord. 2007-06, 8-14-2007)