For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Applicant.Any person required by this subchapter to apply for a permit to make a road cut.
Boring.The act of tunneling under the surface of the roadway or right-of-way.
Cultural property.A property as defined in the NM Cultural Properties Act 18-6-1 to 18-6-17 i.e., a structure, place, site or object having historic, archaeological, scientific, architectural or other significance.
County.The County of Santa Fe, New Mexico as represented by its board of county commissioners.
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.
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.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 subchapter.
Permittee.A person that has received a roadcut 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 for which the county possesses a real property estate or interest, such as fee simple title, prescriptive easement or dedicated easement and includes easements, rights-of-way, highways or roads, 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 who is designated by the board of county commissioners to hold this position, and/or his or her designee.
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.
Road use.Any activity in or adjacent to the roadway that affects traffic and pedestrian flow.
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 services to five 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.
(Ordinance 2003-01 adopted 1/7/03)