ORDINANCE 2007-____
AMENDMENTS TO EXCAVATION CODE

WHEREAS, the Village of Capitan has adopted an Excavation Ordinance; and

WHEREAS, the Village of Capitan desires to make amendments to the existing ordinance pertaining to pavement and road cuts and permits; and

WHEREAS, the Village of Capitan Governing Body recognizes a need to amend the ordinance as follows:

    Section 7-2-1:  Add the following subsections:
            A.  Road cuts will be allowed on base course and dirt surfaces.  The cuts will be tampered to 100% compaction to repair the street or road to its original condition.  The permittee will be  held liable if the repairs are not made correctly.
            B.  Asphalt or chip sealed finishes to the streets or roads shall not  be cut.  Boring under these streets or road surfaces will be                                        allowed.
   
    Section 7-2-2: Definitions – Excavation – delete pavement
.
    Section 7-2-3: Subsection C deleting ten (10) days and inserting three (3) days,

     Section 7-2-4:    Subsection D (3) deleting thirty (30) and inserting ten (10)
.
    Section 7-2-5: Permit Fees rewording Subsection B (2) as follows:  Inspection Fee:  Each excavation project involving the boring of a paved or                        chip sealed village roadway or cutting a village roadway which has base course or is a dirt road will be subject to an inspection fee of  twenty five dollars ($25.00).

    Section 7-2-11: Subsection B amending the section to read as follows: In the case of boring of paved roads and chipped sealed surfaces, the permittee will have the responsibility to maintain the repair for a period of  five (5) years, excluding reasonable wear and tear.  If the bore patch or other repair has settled, shifted, or otherwise caused an uneven or dangerous condition in the roadway, the permittee shall repair the road surface within fifteen (15) working days of the date permittee receives such notification or make other arrangements as are mutually agreed by the parties (Amended 2007-07)

THEREFORE, be it ordained by the Governing Body of the Village of Capitan that Section 7-2-1, Section 7-2-2, Section 7-2-3, Section 7-2-4, Section 7-2-5, and Section 7-2-11 of the Village of Capitan Codes be amended to read as set forth herein.

PASSED, APPROVED, AND ADOPTED this 11th day of September, 2007.


                        ____________________________________
                        Sammy L. Hammons, Mayor


ATTEST:


_____________________________________
Kay Strickland, Village Clerk