The title of this chapter shall be the town construction standards for proposed dedicated public works.
(1981 Code, app. H, sec. 1)
It is declared that the regulation of the construction of sanitary sewers, water systems, storm sewers, streets, curbs and gutters and related appurtenances, hereinafter “public works”, which developers, owners and/or contractors intend to dedicate to the town is necessary to promote the public health, welfare, safety and convenience of the citizens of the town. It shall be the policy of the town that the following prescribed standard methods will be used by all persons who perform excavations and/or the construction and/or installation of public works or other public works as defined herein. To the extent not in conflict with this chapter, all the rules, regulations, procedures, standards and requirements of chapter 5.08 of this code and this title shall be in effect. The town shall enforce these standards to ensure the adequacy of the construction of all public works so as to reduce the operation and maintenance cost for such public works after they have been dedicated to the town.
(1981 Code, app. H, sec. 2)
For the purpose of this chapter, the following terms shall be defined as follows:
The date the town’s consulting engineer certifies that the work to be dedicated has been completed.
Means and includes, but is not limited to, the building, fabrication, erection or installation of new or replacement public works.
A person or other legal entity who contracts to construct any public work(s) with the intent that such public works be dedicated to the town.
A person or other legal entity who develops a project and who intends to dedicate all or any portion of such project to the town.
The director of public works of the town, or his duly authorized representative.
Replacing, changing or adding to a portion of an existing public work for the purpose of increasing, decreasing or improving its capacity, performance or service life.
A person or other legal entity who owns a project and who intends to dedicate all or any portion of such project to the town.
Any person who has been granted and has in full force and effect an excavation permit.
Any person, firm, partnership, association, corporation, organization, company or other legal entity of any kind who performs any work relating to this chapter.
The development of residential, commercial or industrial construction.
Sanitary sewers, water systems, storm sewers, streets, curbs and gutters or related works or appurtenances.
Any excavation, installation or construction of an item related to an item defined as a public work.
The public sewer portion of a wastewater facility which transports wastewater and to which storm, surface and ground water are not intentionally admitted.
A physical connection from a water or sewer service main which provides water or sewer service to one or more buildings.
A pipe or conduit for carrying sewage.
A sewer which carries storm and surface water and drainage, but excludes wastewater and polluted industrial wastes.
Any street, highway, sidewalk, alley, avenue, or other public way or public ground in the town.
The incorporated limits of the Town of Taos, New Mexico.
The governing body of the Town of Taos, New Mexico.
A system for the provision of potable piped water for human consumption or domestic purposes, including, but not limited to: residences, trailers, planned unit developments, subdivisions, mobile home parks, schools, motels, or multiunit developments within the town.
(1981 Code, app. H, sec. 3; amended during 1998 codification)
The following requirements are applicable to all persons and permittees as defined in section 12.04.030 of this chapter.
A.
Permit bonds.
All persons or other legal entities wishing to make road cuts or perform work within the town’s right-of-way shall post a construction bond in an amount to be determined by the director for the restoration or reconstruction of the road or right-of-way surface before beginning any such work. Such bond shall be obtained for each specific project or, in the director’s discretion, for a designated period which will apply to all work performed during that period. Evidence of appropriate bonding shall be provided to the director. No permit for performing any work described by this chapter and/or work defined in this title shall be issued by the town prior to the posting of such bond where applicable.
B.
Plan approval.
All persons, as defined herein, shall provide to the director, at their own expense, two (2) complete sets of plans and specifications of all proposed public works which the person proposes to dedicate to the town, for review and comment, and to determine compliance with this code. The director shall review the submitted plans and approve, disapprove or approve them with conditions or modifications within twenty (20) working days after receipt. If no action is taken within such time period, the plans and specifications shall be deemed to be rejected unless otherwise agreed to. The director shall have the right to submit such plans and specifications to the town’s consulting engineers for their review and comments. Any reasonable engineering fees and/or expense incurred by the town shall be paid by the person submitting such plans and specifications. No approval of any such plans and specifications shall be granted until the person submitting the plans and specifications shall have paid the engineering fees and/or expenses, if any, incurred by the town.
C.
Construction observation and testing.
All persons, as defined herein, shall pay to the town such fees as are necessary and reasonable for the town’s consulting engineer to perform plan review, construction observation and testing as may be required to assure that the construction complies with the requirements of this chapter. The town shall require payment of all reasonably incurred engineering fees and/or expenses. Such fees shall be based on the hourly rate charged the town by its consulting engineers and shall be paid within thirty (30) days of billing. No certificate of completion shall be granted by the town’s consulting engineers until such payment is made.
D.
Inspection; compliance.
All persons, as defined herein, who intend to dedicate any public works to the town shall be required to notify the director in writing at the time a building permit is applied for that such person intends to dedicate any public work(s) to the town. Before the town will consider accepting the proposed dedication of any streets, curbs and gutters, subdivisions, water lines, sewer lines, storm sewers and related appurtenances (public works), the procedures set forth in subsections B, C, E and F of this section must be met. The town shall accept the dedication only after all applicable requirements of this code and this chapter have been satisfied.
E.
Disinfection following construction.
Any part of a water supply system which has been constructed, repaired, reconstructed or altered shall be satisfactorily disinfected before being put into operation. The disinfection procedure must meet AWWA standards or their equivalent.
F.
Notification; permittee.
All persons, as defined herein, shall notify the director when “construction” as defined by this chapter is initiated. The director may inspect the project during construction and at completion to ensure compliance with the approved plans and specifications.
G.
Incorporated standards.
Articles I through IX of the town’s construction standards are incorporated herein by reference and are made a part of this chapter.
(1981 Code, app. H, sec. 4; Ordinance 99-3 adopted 1999; Ordinance 13-09 adopted 2013)
A.
Except as herein provided, an action for injunctive relief for the violation and/or failure to comply with this chapter shall be governed by the general rules of civil procedure.
B.
A civil action to enjoin the violation or failure to comply with this chapter may be brought, by verified complaint in the name of the town without cost, by any public officer, in the municipal court, against any “person” or “permittee” as defined herein.
C.
When judgment is against the defendant in an action brought under this provision, such defendant shall be adjudged all court costs.
(1981 Code, app. H, sec. 7)
A.
The town shall have the right to refuse to accept any public work(s) which any “person”, as defined herein, seeks to dedicate to the town for failure to comply with the requirements of this chapter.
B.
In no event shall the town accept the dedication of any public work(s) from any “person”, as defined herein, sooner than one year from the completion date of such public work(s).
(1981 Code, app. H, sec. 8)
A.
Any “person”, as defined herein, aggrieved by a decision of the director shall have the right to appeal such decision, or portion thereof, to the town manager.
B.
Such appeal shall be filed with the director within ten (10) working days following the issuance of the director’s decision. In the absence of the filing of an appeal within such ten (10) day period, the director’s decision shall become final.
C.
The town manager, after reviewing the appellant’s file and any additional written information and/or material submitted by the appellant, shall render a decision accepting, rejecting or accepting with modifications and/or conditions the director’s decision within thirty (30) days from the date of the filing of the appeal.
D.
Any “person”, as defined herein, aggrieved by the decision of the town manager shall have the right to appeal such decision, or portion thereof, to the town council.
E.
Such appeal shall be filed with the director within ten (10) working days following the issuance of the town manager’s decision. In the absence of the filing of an appeal within such ten (10) day period, the town manager’s decision shall become final.
F.
The town council, after reviewing the appellant’s file and any additional written information and/or material submitted by the appellant, shall render a decision accepting, rejecting or accepting with modifications and/or conditions the town manager’s decision within thirty (30) days from the date of the filing of the appeal. The decision of the town council shall be final.
(1981 Code, app. H, sec. 9)
In the event of any defects in material or workmanship in the one-year period following the acceptance of a dedication of a public works by the town, the responsibility for repairing such defect(s) shall lie with the “owner” and/or “person”, as defined herein. The correction of such defect(s) shall come within all the requirements of this chapter and shall include, but is not limited to, the obtaining of a permit as set forth herein.
(1981 Code, app. H, sec. 10)
The violation of any provision of this chapter or the failure to perform any action required herein shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days or by both such fine or imprisonment at the discretion of the court.
Each day any such violation or failure to perform a required act [is permitted to continue] shall constitute a separate offense and a separate violation of this chapter, unless otherwise specifically provided.
(1981 Code, app. H, sec. 6; Ordinance 99-3 adopted 1999)