(A) Permit application.
(1) Every person desiring to make a road cut, bore or utilize public right of way is required to obtain a permit. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required. The applicant must be licensed and bonded, or the applicant must be a utility company or an agent for the utility company. In extenuating circumstances where the applicant is a private party or not licensed, bonded or a utility company the applicant shall be required to comply with guidelines established by the Department. The person shall make written application on forms provided and approved by the Public Works Director prior to the performance of any road cut work or activity on public property. County staff has 5 days to review and process submitted applications, unless the applicant is notified that a longer time period will be required.
(2) No person shall make any road cut on public property or utilize public rights-of-way until the person or designated agent obtains an appropriate permit from the county, except in an emergency. In the event of an emergency, the person may proceed with such activity immediately but notify the county by phone that such an emergency is being repaired and thereafter file an application within 2 business days. The application must state the description of the emergency and a summary of the repairs. The applicant must comply with any reasonable repair directions set forth by the county.
(3) The applicant shall agree to the following;
(a) Complete all work required by this chapter, covered by the permit;
(b) Complete any specific item required by the county in conjunction with the permit within 5 days after written notice is given by the county to do so. The Department is authorized to grant an extension if necessary. Evidence shall be presented that insurance requirements have been met in accordance with § 94.030, except for governmental
agencies. Evidence shall be presented that any “tie in” or “extension of utilities,” is authorized by the applicable utility company, utility association or provider of services.
(B) Faxing permit applications; billing.
(1) A utility company may file application for a road cut, right-of-way use permit and all supporting information through use of the facsimile transmission (fax) machine located in the Public Works Department, in accordance with procedures established by the Public Works Director. An approved permit maybe sent to the applicant in accordance with similar procedures.
(2) The Public Works Director, in his or her discretion, may allow a person to be billed for fees due and payable under the terms of this chapter on a monthly basis, provided the person is not more than 60 days delinquent in payments due under this chapter. No further permits will be issued if payments are more than 60 days delinquent.
(D) Length of road cuts; use of right-of-way. By issuance of a road cut permit, the county authorizes the cutting or excavation of a road or right-of-way by approved methods as listed in the New Mexico Standard Specifications for Public Works Construction (NMSSPWC) and only for the single road cut specified on the permit. When the project involves the excavation of the road or right- of-way in a manner that runs roughly parallel to the roadway, the permit shall authorize up to 600 lineal feet of excavation. No open trenches will be allowed when the job site is left unattended.
(Ord. 2006-02, passed 3-17-2006) Penalty, see § 94.999