(A) Purpose. It is the primary purpose of this subchapter to achieve maximum public use of public rights-of-way, consistent with the laws of New Mexico and county policy or law to insure that utility relocations on or in county rights-of-way are accomplished in accordance with New Mexico statutes, state and local regulations and federal codes and regulations while providing for maximum public safety, maintenance of the roadways, and minimizing future conflicts between the county roadways, highway systems of the state and utilities serving the general public in the county.
(B) Preferred means. In all circumstances, best efforts shall be made to install utility facilities using existing overhead facilities or bore under the roadway instead of excavating in an attempt to limit patches on the road surface. Road cuts shall be the least desirable means of utility facility installation.
(C) Clearance of vital structures. Work under these provisions must be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, bridges, traffic control devices, and all other vital permanent structures or equipment.
(D) General utility design requirements. Except when a higher degree of protection is required by industry or governmental codes, laws, or orders of the public authority having jurisdiction over the utility, all utility facility installations on, over, along or under the surface of the rights-of-way of county roadways, including attachments to highway structures shall, as a minimum, meet the following utility industry and governmental requirements:
(1) Electric power and communication facilities installations shall conform to the current applicable National Electric Safety Code.
(2) Water, sewage and other effluent lines shall conform to the requirements of the Public Works Association, the American Water Works Association and county standards.
(3) Pressure pipelines shall conform to the current applicable sections of the standard code of pressure piping of the National Standards Institute, 49 CFR sections 192, 193 and 195, and /or applicable industry codes.
(4) Liquid petroleum pipelines shall conform to the applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.
(5) Any pipeline carrying hazardous commodities shall conform to the rules and regulations of the U.S. Department of Transportation governing the transmission of such materials. Pipelines located in casings, galleries, utility tunnels or highway structures shall be designed to withstand expected internal pressures as well. Joints in carries pipelines operating under pressure shall be of a mechanical or welded leak-proof construction. Ground mounted utility facilities shall be of a design that minimizes, to the extent practicable, the impact on the scenic quality of the specific highway segment being traversed and/ or of a design approved by the Public Works Director. All utility installations on, over, along or under roadway rights-of-way, and attachments to roadway structures, shall be of durable materials, designed for a relocation of existing facilities. Provisions shall be made for expansion of the facilities, particularly those underground or attached to highway structures. These provisions shall be planned so as to avoid interference with highway traffic additional facilities that are installed in the future.
(6) The facility owner shall be responsible for compliance with industry codes, the conditions and/or special provisions specified in the permit, applicable statues and regulations of the state, and the U.S. Department of Transportation Code of Federal Regulations.
(7) The utility company shall be responsible for the design, construction, and maintenance of all facilities to be installed within the county or public right-of-way. All elements of these facilities are subject to review and approval by the Department, particularly the materials, location, and method of installation. The utility is responsible for, and will provide all measures as required to preserve the safe and free flow of traffic and the structural integrity of the roadway, roadway structures, ease of roadway maintenance and appearance of the roadway resulting from their installation. Prior to any utility work within the county or public right-of-way, the Department shall approve all submitted traffic control plans.
(8) All underground utilities shall be placed at a minimum of 32 inches below adjacent grade surface.
(E) Maintenance of traffic and pedestrian flow. The permittee shall maintain safe and adequate passage of vehicle and pedestrian traffic on all its property on which the permittee is conducting its activities under its permit. When a public facility has been closed or detoured because of the permittee’s work, the Department shall be notified by the permittee prior to removal of existing barricades and other traffic control devices.
(F) Permittee’s obligation to protect property. It is the permittee’s responsibility to verify no known cultural properties exist in the permit area. Should known cultural properties occur in a permit area, a permit shall not be issued until the applicant submits notification from the state Historic Preservation Division certifying that the properties have received sufficient consideration. Should unknown cultural properties be encountered during work conducted under a permit, work in the immediate vicinity of the cultural property shall cease and the county shall be notified.
(G) Restoration and repair.
(1) The permittee shall take whatever measures necessary to protect the road surface from damage by equipment used in the excavation process. Any damage to the road surface such as tearing or scaring of the pavement caused by the permittee’s equipment shall be repaired to county requirements by the permittee. Traffic markings removed, as a part of the road cut shall be replaced by the permittee with materials similar to those originally displaced, in a place and in a manner satisfactory to the county.
(2) The permittee shall, at his or her own expense, support and protect all utilities which may be in any way affected by the road cut or other permitted work and will do everything necessary to support, sustain and protect them under, over, along or across that work. Before commencing a road cut, the permittee shall ascertain the location of all utilities by notifying the New Mexico “One Call System” in or near the area of the proposed cut. The confirmation number from the One Call System shall be listed on the permit prior to issuance of the permit. In the event said utilities are damaged, including damage to pipe coating or other encasement devices, the permittee shall immediately notify the facility owner of the damage. The permittee shall be liable for all costs associated with the damage and repair if the permittee was negligent and the facilities were properly marked and located. The permittee shall protect the road cut from surface water flows by appropriate diversions or ponding devices. The permittee shall repair asphalt or other road surfaces and other public facilities and public property to reasonable construction and engineering standards in order to approximate the condition that existed before the work.
(H) Protection of adjoining property. The permittee shall at all times and at his or her own expense preserve and protect from injury all private property adjoining the public property on which the road cut work is being performed by taking suitable measures for that purpose. Where in the protection of such property, it is necessary to enter upon private property for the purposes of taking appropriate protection measures, the permittee, shall unless otherwise provided by law, obtain appropriate permission from the owner of such private property to enter thereupon. The permittee must at his or her own expense shore up and protect all structures, facilities, walls, fences or other property that may be affected or damaged during the progress of the road cut work and be responsible for all damages on other property resulting from his or her failure to properly protect and carry out such work.
(I) Care of excavated material. All materials excavated and piled adjacent to the road cut or in any public place by the permittee must be piled and maintained so as to not endanger the public and those working in the excavation, and so as to cause as little inconvenience as possible to those persons using the public property and adjoining property. All material excavated must be laid completely along side of the cut and kept trimmed so as to cause little inconvenience as is reasonably possible to vehicle and pedestrian traffic. In order to expedite flow of traffic and to keep dirt and dust from spreading or flying, the permittee shall use guards or other methods and/or shall water the excavated material.
(J) Cleanup. Each permittee shall thoroughly clean up from the public place of rubbish, excess earth, rock, asphalt, concrete, tree branches or limbs and other debris resulting from road cut work. All cleanup operations at the location of such road cuts are to be accomplished at the expense of the permittee. During the progress of work or immediately after completion of such work, the permittee shall clean up and remove all refuse, dirt and unused materials of any kind resulting from the work. Upon failure to do so, the county may cause to have such work done, and the permittee shall pay for such reasonable cost.
(K) Protection of water course. The permittee shall maintain all gutters, easement crossings and related drainage structures free-flowing and unobstructed for the full depth and width of the water course, or provide adequate substitutes for any such water course that are blocked by the road cut. Required federal or state permits shall be acquired by the permittee.
(Ord. 2006-02, passed 3-17-2006) Penalty, see § 94.999