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:
Completion date.
The date the town’s consulting engineer certifies that
the work to be dedicated has been completed.
Construction.
Means and includes, but is not limited to, the building,
fabrication, erection or installation of new or replacement public
works.
Contractor.
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.
Developer.
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.
Director.
The director of public works of the town, or his duly authorized
representative.
Modification.
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.
Owner.
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.
Permittee.
Any person who has been granted and has in full force and
effect an excavation permit.
Person.
Any person, firm, partnership, association, corporation,
organization, company or other legal entity of any kind who performs
any work relating to this chapter.
Project.
The development of residential, commercial or industrial
construction.
Public works.
Sanitary sewers, water systems, storm sewers, streets, curbs
and gutters or related works or appurtenances.
Related appurtenances.
Any excavation, installation or construction of an item related
to an item defined as a public work.
Sanitary sewer.
The public sewer portion of a wastewater facility which transports
wastewater and to which storm, surface and ground water are not intentionally
admitted.
Service connection.
A physical connection from a water or sewer service main
which provides water or sewer service to one or more buildings.
Storm sewer.
A sewer which carries storm and surface water and drainage,
but excludes wastewater and polluted industrial wastes.
Street.
Any street, highway, sidewalk, alley, avenue, or other public
way or public ground in the town.
Town.
The incorporated limits of the Town of Taos, New Mexico.
Town council.
The governing body of the Town of Taos, New Mexico.
Water supply system.
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)