VILLAGE OF CAPITAN
ORDINANCE 2006-____
AN ORDINANCE AMENDING, RECOMPILING, AND RE-ENACTING VILLAGE CODE 7-1-1
AND 7-1-2 REGULATING STREET CULVERTS AND CURB CUTS TO EXISTING CURBS ON
RIGHT OF WAY ACCESS; SETTING FEES BY RESOLUTION; AND PROVIDING
PENALTIES FOR VIOLATION
WHEREAS, The Village of Capitan is a New Mexico municipality; and
WHEREAS, The Governing Body of the Village of Capitan has reviewed the
Sections 7-1-1 and 7-1-2 of the Village Code regulating street
culverts and curb cuts to existing curbs on right of way access and
recommends changing those sections of the Village Code
NOW THEREFORE, be it ordained by the Governing Body of the Village of
Capitan, New Mexico that Sections 7-1-1 and 7-1-2 of the Village of
Capitan Municipal Code is hereby amended as follows:
7-1-1 Street Culverts
a. Owner Responsibility: Each owner of real
property within the Village limits and whose property abuts upon a
Village Street shall hire a licensed contractor to install culverts in
each access driveway that intersects with a village roadway or
right-of-way, unless expressly exempted by the Village Street
Department. The owner of the real property upon which a culvert
is installed is solely responsible for all expenses associated with the
installation of the culvert.
b. The culvert pipe shall be installed prior to the
use of the real property upon which a culvert is required.
c. Culverts shall be constructed of galvanized
corrugated steel pipe and shall be of adequate design and capacity to
handle the flow of water during times of high water. Prior to
installation of the culvert, the property owner shall seek and obtain
approval from the Village Street Department of the design and capacity
specifications of the proposed culvert.
d. Prior to installation of any culvert, a property
owner shall complete a permit application for the installation of a
culvert. The application for permit shall be approved by the
Village Road Supervisor prior to the issuance of the permit. No
application for permit shall be reviewed until such time as the
applicant has completed the entire application.
e. Upon application for permit for the installation
of a culvert, a $25.00 application fee will be assessed. An
additional $25.00 inspection fee will also be assessed at the time the
application for permit is submitted. No application for permit
will be reviewed until both fees have been paid in full.
f. Upon completion of the installation of the
culvert, the Village Road Supervisor shall perform a final inspection
to determine if the culvert complies with the adequate design and
capacity requirements as discussed in subparagraph (c) above. If
the Village Road Supervisor determines that the culvert does not comply
with the adequate design and capacity requirements, the owner of the
real property shall bring the culvert into compliance with the adequate
design and capacity requirements before the property may be used.
7-1-2 Curb cuts to existing curbs:
a. Purpose: This section authorizes and sets
forth the procedure whereby owners of real property within the Village
may request cuts to existing curbs for the purpose of ingress and
egress to their property.
b. Request Procedures: An owner of real
property may request a curb cut permit to provide access to that
property through the following procedure:
1. The owner shall file an application with the
Village Clerk. At the time the application is filed, a $25.00
application fee will be assessed. An additional $25.00 inspection
fee shall also be assessed at the time the application is filed.
No application will be reviewed until both fees are paid in full.
2. After all requirements of the application are met
and approved by the Village Road Supervisor, a curb cut permit shall be
issued.
3. The property owner, at his sole expense, shall
hire only a licensed contractor to saw cut the existing curb and
re-pour to State Highway Specifications Section 609, a copy of which
shall be provided by the Village with the application.
4. Upon completion of the curb cut and re-pour, the
Village Road Inspector shall perform a final inspection to determine if
the work complies with State Highway Specifications Section 609.
If the Village Road Supervisor determines that the curb cut and re-pour
do not comply with State Highway Specifications Section 609, the owner
of the real property shall bring the curb cut and re-pour into
compliance with those specifications before the property may be used.
General Penalty: Unless specifically authorized otherwise by
state law or limited by state law or ordinance, a person found guilty
of a misdemeanor as provided in this code or found to be unlawful or
other wise prohibited, or omitting to act when required, shall for any
single offense be fined not more than five hundred dollars ($500.00) or
by imprisonment not exceeding ninety (90) days, or by both such fine
and imprisonment. Each day this code is violated shall constitute
a separate offense. (2002 Code).
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF April, 2006.
_______________________
Sam L. Hammons, Mayor
(SEAL)
ATTEST:
_____________________
Kay Strickland, Village Clerk
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