A. Required: It shall be unlawful for any person to drive, tow, or pull an oversized vehicle on village rights of way unless such person shall have first obtained a transport permit from the streets and drainage department. Submission of an application does not constitute an approved transport permit. The transport permit fee shall be set by village council resolution.
B. Application: The requirements for securing a transport permit shall include:
1. Description of oversized vehicle including dimensions and total weight including transport vehicle and trailer.
2. Proof of retainer for a New Mexico licensed transport service.
3. Proof of retainer for a vehicle escort service from village limits to final site or delivery destination.
4. ROW damage deposit bond, amount to be set by village council resolution.
5. Specific date and time the oversized vehicle will enter village limits.
6. Copy of proof of New Mexico construction industries division inspections for prefab/modular units from the manufacturer (modular decals).
7. Copy of signed building permit issued by the Angel Fire building division.
C. Terms Of Damage Deposit Bond:
1. Refund Of Deposit: The streets and drainage director shall inspect the route traveled by the oversized vehicle as prescribed in the transport permit prior to and after the oversized vehicle has been delivered to its final site or destination. If any damage is incurred by any part of the right of way, the streets and drainage director shall prepare a damage assessment and withhold the cost of repair from the damage deposit. If no damage is incurred, the damage deposit shall be refunded in its entirety.
2. Deposit Hold Time: The damage deposit may be held up to thirty (30) days after the oversized vehicle is delivered to its final site or destination. If a company transports oversized loads on a regular basis into the village, that company may post an annual surety bond or may provide proof of bonded insurance to the streets and drainage director.
3. Deficiency Of Deposit Demand: If after damage assessment, it is determined by the streets and drainage director that the deposit is less than sufficient to pay all restoration costs, the applicant shall pay the village an amount equal to the deficiency as determined by the streets and drainage director.
4. Failure To Perform: If the applicant fails or refuses to complete or correct any deficiencies noted in the damage assessment, the village may initiate legal action to recover the amount of money necessary to complete the restoration work. The remedies herein are in the alternative and are not exclusive.
D. Penalty: Any oversized vehicle transported over any village right of way without an approved transport permit will be subject to the provisions of section 7-2-9 of this title. In no case shall any tracked vehicle be allowed in the use of transporting an oversized vehicle. (Ord. 2005-06, 8-18-2005)