For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person required by this chapter to apply for a permit to make a road cut and/or follow the provisions of this chapter.
BORING. The act of tunneling under the surface of the roadway or right-of-way.
BUSINESS DAY. Monday through Friday.
COUNTY. Valencia County, New Mexico, as represented by its Board of County Commissioners through its County Manager and his or her designee.
COUNTY FACILITIES PROJECT. Any road cut undertaken as a part of a project initiated by the county and includes related action taken by the utility company to further the COUNTY FACILITIES PROJECT.
CULTURAL PROPERTY. A property as defined in the State Cultural Properties Act, NMSA §§ 18-6-1 to 18-6-7, for example, a structure, place, site or object having historic, archaeological, scientific, architectural, or other significance.
DEPARTMENT. The Public Works Department under the supervision of the Public Works Director or the County Manager.
EMERGENCY. Any situation or condition existing in which there is an interruption or disruption of gas, electricity, sewer, storm sewer, drainage structures, water, or telecommunications service to one or more customers being served by a utility company, or any situation or condition in which there is a danger of serious bodily injury, serious property damage, or prolonged disruption of service.
EXCAVATION. The act of making a hole, trench, or ditch, which penetrates through or under the surface in a public right-of-way or other public property, resulting in the removal of dirt, asphalt, concrete or other material.
FACILITIES. Are and include, but are not limited to, plants, works, systems, improvements and equipment of the utility company such as pipes, electric substations, mains, conduits, transformers, wires, cables, poles, underground links, meters and concrete pedestals for any of the above and including postal service mail boxes.
PERMIT. The written form provided by the county in which a person describes the use, excavation or road cut which will be performed on public property and in which are contained any special conditions required of the person by the county in the execution of the work. PERMITS are subject to the conditions and requirements contained in this chapter.
PERMITTEE. A person who has received a road cut permit from the county.
PERSON. Any individual, estate, trust, receiver, cooperative association, club, corporation, utility company, firm, partnership, joint venture, syndicate, or other entity.
PUBLIC FACILITY. Any designed, engineered, constructed road structures or engineered drainage facilities owned or maintained by the county located on public rights-of-way.
PUBLIC RIGHT-OF-WAY or PUBLIC PROPERTY. Those properties or sites within the county possessing a real property estate or interest, such as fee simple title, prescriptive easement or dedicated easement, and includes easements, rights-of-way, highways or road, paved or unpaved, curbs, gutters, sidewalks, or other paved, unpaved, unsurfaced or concrete property which the county owns or maintains.
PUBLIC WORKS DIRECTOR. The person employed by the county appointed by the Board of County Commissioners to hold this position, and/or his or her designee under the direction of the County Manager or the County Engineer-of-Record.
ROAD CUT. The act of cutting a hole, trench, ditch or tunnel in, on, under, or through the surface of a public facility; or the act of drilling, boring, tunneling under or jacking up the surface of a public right-of-way.
TCP. A traffic control plan or diagram showing the county how safe maintenance of traffic and pedestrian flow will be conducted.
UTILITY COMPANY. Any person, entity, or corporation, which provides water, sewer, electric, gas, telephone, or cable television or related services to 5 or more hookups in the county. It also includes an independent contractor that has entered into a contract with the utility company to perform the road cut or excavation when the independent contractor is performing services for the utility company. Such an independent contractor must file a notarized affidavit with the county, executed by the utility company, setting forth the name, business address and business telephone number of the independent contractor as an authorized agent of the utility company.
ROAD USE. Any activity in or adjacent to the roadway that affects traffic and pedestrian flow.
(Ord. 2006-02, passed 3-17-2006)