The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them as defined below.
“Encroach”
means to willfully or by neglect allow shrubbery, trees, or other objects to trespass upon public ways below the specified height.
“Public property”
means recreation areas, highways, thoroughfares, avenues, boulevards, streets, bridges, alleys, and sidewalks of the town.
“Shrubbery”
means a single plant or group of plants which are generally low having woody stems and usually several stems per plant.
(Prior code § 14-1-1; Ord. 91-04 § 1)
When any lot or other parcel of land adjacent to an improved street is improved it shall be the duty of the owner or developer of such premises to construct and provide sidewalks to such premises. This would be applicable to residents or commercial buildings within R-1 zone, H-R zone, H-C zone, and C zone. Exceptions or variances may be granted by the board of trustees after recommendation by the planning, zoning and historical appropriateness committee, which shall be guided by standards contained within the subdivision code of the town of Mesilla.
(Prior code § 14-1-2; Ord. 91-04 § 1)
It shall be unlawful for any person to erect, construct, maintain, place, or leave any structure, fence, post or other object upon any public property except that grass, shrubbery or other semi-permanent objects may be placed between the curb or sidewalk and the property line.
(Prior code § 14-1-3; Ord. 91-04 § 1)
It shall be the duty of the owner of any property which abuts or is adjacent to any public property to trim all trees or shrubbery located on such property to a minimum height of 12 feet above any street or any public way, and a minimum height of eight feet above any sidewalk. It shall also be the duty of the owner to maintain a clear sight triangle, specified in the subdivision code, on any corner property, free of obstacles between three feet and eight feet above street level. It shall further be the duty of the owner to trim and maintain all shrubbery on the property so that it does not encroach over or obstruct passage upon the adjacent street or sidewalk.
(Prior code § 14-1-4; Ord. 91-04 § 1)
It shall be unlawful for any person to erect or maintain any awning or canopy within the town at any point lower than eight feet from the surface of the sidewalk.
(Prior code § 14-1-5; Ord. 91-04 § 1)
It shall be required of all occupants of premises within the town to keep the sidewalk in front of such premises free and clear of obstructions at all times except when loading or unloading when such occupant may temporarily obstruct a portion of the sidewalk, providing that a passageway is left open at all times.
(Prior code § 14-1-6; Ord. 91-04 § 1)
It shall be unlawful for any person other than a town employee to plant trees or shrubbery in or upon any public property within the town or to remove, cut down, trim, or alter the same without permission from the town except within an area between the sidewalk or curb and property line.
(Prior code § 14-1-7; Ord. 91-04 § 1)
A. 
It shall be unlawful to make any excavation in or deposit any earth or other material on any public way without permission in writing from the town’s public works department. Any person or party wishing to obtain permission from the town must submit the following information:
1. 
The name, telephone number, address, and place of business of the applicant and its engineers and/or contractors.
2. 
A detailed drawing and written description of the location and dimensions of the proposed excavation/bore, including a plan view and crosssection view of the proposed excavation/bore.
B. 
All road crossings on paved roads shall be performed by boring rather than excavation, except where boring is not reasonably justified as determined by the town. In situations where the applicant wishes to perform a road crossing by excavation in lieu of boring, the applicant shall provide written justification therefor to the public works department. Cost will not be considered as a factor in determining justification for excavation over boring. Some examples of conditions where boring may not be justified are:
1. 
Lack of adequate room;
2. 
Boring on gravel or dirt roads;
3. 
Work is to be performed in and around the town plaza where brick pavers are existing.
C. 
In all cases where the work is to be done by a utility such as a water or sewer utility, gas company, telephone, communication, cable, or electric, the utility must be the applicant.
D. 
The applicant must agree to defend, hold harmless, and indemnify the town and its offices, agents and employees against all claims, losses and damages to persons or property on account of or resulting from the intentional or negligent conduct on the part of the permittee.
E. 
Upon receipt of the application and a nonrefundable fee in the amount of $300.00 for excavation on dirt or gravel road, $600.00 for excavation/boring on a paved roadway, or $1,000 for excavation on the plaza’s brick pavers, the town will review the permit request, work plan, traffic control plan and other pertinent information in conjunction with the excavation/boring. In the case that work will be performed on a combination of dirt/gravel and paved roadway, to exclude the plaza’s brick pavers, a $600.00 fee will apply.
F. 
In most cases, with a maximum of 10 working days of receipt of the completed application and nonrefundable fee, the public works department will notify the applicant by regular mail and/or telephone of the acceptance or denial of the application.
G. 
Permit shall be valid for a period of six months from the date of approval. Should a project exceed the six-month period, the permittee may apply for an additional six-month period without any additional fees. However, the permittee shall re-apply if the project exceeds one full calendar year.
H. 
Should a project consist of several roadway cuts and/or trenches in different locations, then each location shall have its own separate permit.
I. 
No fee shall be required for work within the town right-of-way performed at the request of the town for a town project which will include any miscellaneous maintenance, repairs and/or new projects.
(Prior code § 14-1-8; Ord. 91-04 § 1; Ord. 2004-06 § 1)
All persons making excavations within town public ways shall mark the excavation in such a way as to ensure the safety of vehicular and pedestrian traffic and such warnings shall be clearly visible both day and night.
(Prior code § 14-1-9; Ord. 91-04 § 1)
A. 
Immediately upon the completion of any improvement for which an excavation has been made, the excavation shall be refilled within 10 working days of the end of the project and any excess dirt or other matter shall be removed. Upon the refilling of an excavation, the excavator shall restore the public way to its prior condition according to the following.
B. 
All road restoration that requires backfill shall be compacted in conformance with specifications of AASHTO, T-180 (American Association of State Highway and Transportation Officials) to 95 percent maximum density.
C. 
Backfill and compaction inspections testing shall be made and will be the responsibility of the permittee. In the event the compacted backfill fails to meet the density requirements, or otherwise fails as evidenced by settlement of the trench or excavation, the town will notify the permittee in writing and the permittee will correct the defect within 72 hours. Should the permittee fail to correct the defect within the 72 hours, the town has the option to order the work performed to meet the required density and may also order the replacement of all pavement destroyed or damaged as a result of the backfill failure. The permittee will bear the cost of the repairs incurred by the town.
D. 
All roadway cuts on dirt or gravel shall be prepared and replaced according to the following schedule (also see figure A1[1]):
1. 
Six inches compacted base course and 12 inches of subgrade preparation.
2. 
Base course mix design shall conform to the New Mexico Department of Transportation, Standard Specifications for Highway and Bridge Construction, current edition – Section 304, Gradation I-B.
[1]
Editor's Note: Figure A1 is included as an attachment to this title.
E. 
All pavement patches and cuts shall be prepared and replaced according to the following schedule (also see figure A1):
1. 
All pavement cuts must be saw-cut in a manner that will provide straight edges.
2. 
Mix design for asphalt pavement shall meet New Mexico Department of Transportation Plant Mix Bituminous Pavement (PMBP), Gradation B requirements. Standard section shall be two inches PMBP on six inches compacted base course and 12 inches of subgrade preparation.
3. 
Base course mix design shall conform to the New Mexico Department of Transportation, Standard Specifications for Highway and Bridge Construction, current edition – Section 304, Gradation I-B.
F. 
All roadway cuts on the plaza shall be prepared and replaced according to the following schedule:
1. 
Brick pavers in the plaza are to be replaced with 8,000 psi bricks;
2. 
Proof of compression testing on the brick pavers must accompany the application;
3. 
Bricks are to be of a tan color approved by the town;
4. 
Brick pavers are to be replaced in their entirety; no portions of bricks are to be installed in an open area unless the bricks abut a wall, curb, or concrete border;
5. 
Brick patterns are to be consistent to their surroundings;
6. 
Six inches compacted base course and 12 inches of subgrade preparation;
7. 
Base course mix design shall conform to the New Mexico Department of Transportation, Standard Specifications for Highway and Bridge Construction, current edition – Section 304, Gradation I-B.
G. 
Testing shall be conducted by the permittee on every lift up and per 250 lineal feet thereafter of material disturbed. Lifts shall be 12 inches to 18 inches in depth and/or of sufficient depth to obtain required density.
H. 
All testing certificates shall contain the following minimum information: date, location, percentage compaction, and permit number. Testing certificates shall be furnished to the town within five working days of completion of testing.
I. 
Testing shall be accomplished by a certified independent testing laboratory.
(Prior code § 14-1-10; Ord. 91-04 § 1; Ord. 2004-06 § 2)
The payment of fees for non-utility, non-business agricultural uses of the town’s right-of-way shall be waived. However, these agricultural uses shall comply will all other terms and provisions of relevant town ordinances or regulations.
Uses of town right-of-way by individuals for such purposes as driveways, curb cuts, sidewalks and other similar improvements that are non-utility, non-business related are exempt from all fees and permits associated with the excavation/boring ordinance. However, such uses are not exempted from other relevant town ordinances and resolutions to include the town’s subdivision regulations.
(Ord. 2004-06 § 4)
In the event of any emergency which threatens the health, safety, or welfare of the public, work may commence without first obtaining the permit; provided, that the utility making the emergency use files such application for a permit during the first working day immediately following the date of emergency work.
(Ord. 2004-06 § 5)