CHAPTER 10
MUNICIPAL PROPERTY

ARTICLE 1. Street Excavation

ARTICLE 2. Limiting Encroachment in Public Right-of-Ways

ARTICLE 1. STREET EXCAVATION

SECTION 1. Short Title

SECTION 2. Definitions

SECTION 3. Application Permit Requirements

SECTION 4. Permits and Approvals

SECTION 5. Liability Insurance Or Self Insured Public Utility Companies

SECTION 6. Excavation, Administration and Inspection Fee

SECTION 7. Excavation Permit Warranty and Restrictions

SECTION 8. Moratorium Streets

SECTION 9. Maintaining and Routing of Traffic and Pedestrian Flow

SECTION 10. Clearance of Vital Structures

SECTION 11. Protection and Relocation of Utilities

SECTION 12. Noise, Dust, Debris and Working Hours

SECTION 13. Protection of Adjoining Property

SECTION 14. Care of Excavated Material

SECTION 15. Cleanup

SECTION 16. Protection of Water Course

SECTION 17. Breaking Through Pavement

SECTION 18. Depth of Structures

SECTION 19. Backfilling

SECTION 20. Restoration of Surface

SECTION 21. Approval of Work Performed Pursuant to Sections 16, 17 & 18

SECTION 22. Trenches in Pipe Laying

SECTION 23. Prompt Completion of Work

SECTION 24. Urgent Work

SECTION 25. Preservation of Survey Monuments

SECTION 26. Inspection

SECTION 27. Enforcement and Abatement

§ 10.1.1 SHORT TITLE

This Article may be cited as the “Street Excavation Ordinance.”

§ 10.1.2 DEFINITIONS

For the purpose of this Article, the following words and phrases mean:

   (A)   BARRICADING ONLY PERMIT means a permit issued by the Mayor allowing the temporary obstruction of the surface of the public right-of-way. Such permits shall not include or allow excavation activities.

   (B)   EMERGENCY REPAIR means repair, restoration, or replacement of an existing structure made necessary because of a sudden unexpected event which has created an immediate and continuing threat to the safety of property or persons.

   (C)   EXCAVATION means any hole, trench, ditch or depression which penetrates through or under paved or unpaved surface in a public place resulting from the removal by a person of pavement, dirt, or other material, except a substructure opening.

   (D)   MORATORIUM STREET means any street and all parts of the public right-of-way comprising that street, including without limitations, the street, curb, gutter, shoulder area, gravel-filled infiltration trench, underground Low Impact Development (LID) reservoir and conveyance system, sidewalk, and promenade that has been newly constructed, been repaved or resurface, received major reconstruction, received overlay heater-remix, or any other type of major maintenance, by any person in the preceding five-year period.

   (E)   PUBLIC PLACE means all property owned, maintained, or controlled by the Village including, but not limited to, streets, highways, alleys, bicycle paths, pedestrian or equestrian paths, ways, places, sidewalks, plazas, parks, easements, and rights-of-way.

   (F)   PUBLIC RIGHT-OF-WAY means, without limitation, the total area of land deeded, reserved by plat, or otherwise acquired by the City, the County, or the State of New Mexico, primarily for the use of the public for the movement of people, goods, and vehicles.

   (G)   SUBSTRUCTURE means any facility located below the surface of any public place.

   (H)   SURFACE RIGHT-OF-WAY USE means the use of any surface area within the public right-of-way allowed by an excavation or barricade permit issued by the Mayor which permits the temporary obstruction of a public right-of-way.