ORDINANCE 2004-6
SUBDIVISION REGULATIONS
AMEND TITLE 11
WHEREAS, the Village Council of the Village of Capitan, New Mexico is
charged with making laws to protect the safety, health and general
welfare of the Village and its citizens, and;
WHEREAS, the Subdivision Ordinance was drafted by Comprehensive Plan
Grant in 2002, and;
WHEREAS, the Citizens of Capitan are concern unregulated rapid growth
of Capitan will adversely affect the welfare of the citizens and the
quality of life in the Village;
NOW, THEREFORE BE IT ORDAINED by the Governing Body of the Village of
Capitan, in the County of Lincoln, State of New Mexico in its Regular
Meeting this____day of ____ 2004, that;
Ordinance 2004-6 SUBDIVISION REGULATIONS as amended as set forth herein
is hereby:
PASSED, APPROVED AND ADOPTED this___ day of____ 2004.
VILLAGE OF CAPITAN
COUNTY OF LINCOLN
STATE OF NEW MEXICO
Steven M. Sederwall, Mayor
ATTEST:
Anna Gall Grassie, Village Clerk/Treasurer
Ordinance 2004-
VILLAGE OF CAPITAN
SUBDIVISION ORDINANCE
Effective Date:______________
TABLE OF CONTENTS
ARTICLE 1. GENERAL
PROVISIONS...................................................................1
Section 1.1
Title...................................................................................................1
Section 1.2
Authority............................................................................................1
Section 1.3
Purpose.............................................................................................1
Section 1.4
Jurisdiction.........................................................................................1
Section 1.5 Written
Decisions...............................................................................2
Section 1.6
Interpretation.....................................................................................2
Section 1.7
Severability.......................................................................................2
Section 1.8
General.............................................................................................3
Section 1.9 Considerations for
Subdivision Platting...............................................3
ARTICLE 2
DEFINITIONS...................................................................................4
ARTICLE 3 PRE-APPLICATION
PROCESS....................................................13
Section 3.1 Pre-application
Procedure...............................................................13
Section 3.2 Pre-application Data
Requirements..................................................14
ARTICLE 4 PRELIMINARY PLAT REVIEW
PROCESS..................................15
Section 4.1 Preliminary Plat
Submittal................................................................15
Section 4.2 Preliminary Plat
Review...................................................................16
Section 4.3 Public Hearing on
Preliminary Plats..................................................17
ARTICLE 5 FINAL PLAT REVIEW
PROCESS.................................................22
Section 5.1 Final Plat
Approval..........................................................................22
Section 5.2 Final Plat Data
Requirements...........................................................23
ARTICLE 6 SUMMARY REVIEW
PROCESS...................................................27
Section 6.1
Qualification....................................................................................27
Section 6.2 Summary Review
Procedure...........................................................27
Section 6.3 Summary Review Data
Requirements..............................................28
ARTICLE 7 REQUIRED
IMPROVEMENTS.....................................................29
Section 7.1
Authorization......................................................................................29
Section 7.2 Improvement
Agreement....................................................................30
Section 7.3 Installation
Assurance.........................................................................30
Section 7.4 Installation of
Improvements...............................................................30
ARTICLE 8 VARIANCES AND
EXCEPTIONS...............................................31
Section 8.1 Reasons for Variance
or Exception.................................................31
Section 8.2 Procedure for
Requesting a Variance or Exception..........................32
Section 8.3
Decision.........................................................................................32
TABLE OF CONTENTS
ARTICLE 9 VACATION OF
PLATS.................................................................32
Section 9.1
Necessity........................................................................................32
Section 9.2 Application
Procedure.....................................................................32
ARTICLE 10
FEES...............................................................................................33
ARTICLE 11 CONSTRUCTION REQUIREMENTS AND
VIOLATIONS........34
Section 11.1 Building
Permit...............................................................................34
Section 11.2
Violations.......................................................................................34
ARTICLE 12
PENALTIES....................................................................................34
Section 12.1 Transferring Lots in
Unapproved Subdivisions.................................34
Section 12.2 Improper
Recording.......................................................................34
Section 12.3 Legal
Expenses..............................................................................35
ARTICLE 13
APPEALS.......................................................................................35
ARTICLE 14 ADMINISTRATION AND
AMENDMENTS................................35
ARTICLE 15 EFFECTIVE
DATE........................................................................35
APPENDIX DESIGN
STANDARDS..................................................................36
ARTICLE 1 GENERAL PROVISIONS
Section 1.1 Title:
This ordinance shall be known and cited as the “Village of Capitan
Subdivision Regulations” and shall be referred to elsewhere herein as
“this Ordinance.” The Village of Capitan shall hereinafter be
referred to as “the Village.”
Section 1.2 Authority:
This Ordinance is created pursuant to the enabling authority set forth
in NMSA 1978, 3-19-5 through 3-19-6, and 3-20-1 through 3-20-16.
Section 1.3 Purpose:
This Ordinance is adopted for the following purposes:
• To provide for and protect the public health,
safety, and general welfare of the Village
• To provide for adequate open space for traffic,
light, air, recreation and privacy; to secure safety from flood, fire,
and other danger; and to prevent overcrowding of the land and undue
congestion of the population.
• To guide the future growth and development of the
Village in accordance with all official plans adopted by the Village.
• To establish reasonable standards of design and
procedures for subdivisions and resudivisions in order to promote the
orderly layout of and use of land and to ensure proper legal
descriptions and placing of monuments on subdivided land.
• To prevent the pollution of air, streams, and
ground water; assure the adequacy of drainage facilities; safeguard the
water supply; and to encourage the wise use and management of natural
resources to preserve the integrity, stability and beauty of the
community.
• To provide for economy in Village expenditures and
efficiency in Village operations.
Section 1.4 Jurisdiction:
1.4.1 Subdivision within Village Corporate
Limits. This Ordinance shall govern any proposed subdivision,
replat, or vacation of plat within the corporate limits of the Village.
Section 1.5 Written Decisions:
1.5.1 Whenever the Planning Commission or Board of
Trustees is required by this Ordinance to make a decision, the decision
shall be in writing and supported by findings of fact and conclusions
of law that are sufficient for meaningful review.
1.5.2 The Village shall keep public records of
findings, decision and recommendations regarding all subdivision plats.
Section 1.6 Interpretation:
1.6.1 The provisions of this Ordinance are held to be
minimum requirements. Whenever any provisions of this Ordinance
conflict with other laws, rules, regulations, covenants, or ordinances,
the more restrictive shall govern.
Section 1.7 Severability:
The provisions of this Ordinance are severable. If any portion of
this Ordinance is held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this
Ordinance.
Section 1.8 General:
Every person who desires to subdivide land into two or more lots shall
furnish a plat of the proposed subdivision prepared by a surveyor,
registered and licensed by the State of New Mexico, and shall comply
with the requirements of this Ordinance. Upon request, the
Village Clerk shall furnish the subdivider with basic information on
the requirements.
Section 1.9 Considerations for Subdivision Platting:
The Village will take into consideration the following conditions when
reviewing plats for approval:
1.9.1 Geographic Suitability. The Board of
Trustees shall not approve a subdivision of land if, from adequate
investigations, it has been determined that in the best interest of the
public health, safety or welfare, the land is not suitable for platting
and development purposes of the kind proposed. Land subject to
flooding, land deemed to be topographically unsuitable, and land that
is for other reasons uninhabitable, all as determined by the Board of
Trustees shall not be platted for residential occupancy or for such
other uses as it may in crease danger to health safety or welfare or
aggravate erosion or flood hazard.
1.9.2 Grading. No subdivider shall proceed with
any land grading specifically in relation to a proposed subdivision
before the final plat has been approved by the Board of Trustees and
filed with the Lincoln County Clerk. Such grading shall be
consistent with the requirements of the National Flood Insurance
Program and with the recommendations of an approved terrain/storm
drainage management plan.
1.9.3 Community Preservation. The subdivider
shall preserve major trees, scenic points, historic places and other
community landmarks, as defined by the comprehensive plan, wherever
feasible or required.
1.9.4 Lot Sales. No lot within a subdivision
may be sold until the subdivider has complied with this Ordinance and
the final plat has been property recorded with the Lincoln County Clerk.
1.9.5 (a) Lots in any subdivision or replat
shall be no less than three (3) acres. Replat that do not
increase the total number of lots may have lots smaller than three (3)
acres.
(b) No replat or subdivision will be approved if it
will adversely affect the availability of Village water supply systems
and other utilities and result in inadequate water and other utilities
being available.
(c) The Board of Trustees may in their absolute
discretion, in order to safeguard the public health, safety and general
welfare of the Village, require an applicant for a replat or
subdivision to pay the reasonable cost of upgrades to the Village water
supply system and other utilities as a condition for approval of the
proposed replat or subdivision.
ARTICLE 2 DEFINITIONS
For the purpose of this Ordinance, certain works and terms are defined
here. The singular includes the plural and the plural includes
the singular. The word “shall” and “will” are mandatory and are
not discretionary.
ABANDONMENT: Cessation of use of right-of-way or activity thereon
with no intention to reclaim or use again for highway purposes.
(Sometimes called vacation.)
ABSORPTION FIELD: An area in which open joint or perforated
piping is laid in gravel packed trenches or excavations for the purpose
of distributing the effluent discharge from a tank used as part of an
individual liquid water disposal system for absorption into the soil.
ABUTTING: Touching.
AEROBIC DISPOSAL SYSTEM: A tank where air is introduced to the
liquid waste by mechanical means, together with an absorption field.
ALLEY: A public way permanently reserved as a secondary means of
access to abutting property.
ARCHAEOLOGICAL SITES: Any geographical location where there
exists material evidence of repeated or patterned human activities that
has the potential, through the application of appropriate archeological
methods, techniques and analyses, of yielding information important to
understanding the prehistory, history, culture or lifestyles of a
particular region or group of inhabitants in the state.
ARROYO: A dry wash or draw that flows only occasionally.
BLOCK: The distance measured along a street between intersecting
streets from centerline to centerline. Where the context
requires, it also means the enclosed areas within the perimeter of the
streets or property lines enclosing it.
BOARD TRUSTEES: The Village of Capitan’s elected governing
authority.
BONDS: Any bonds, including refunding bonds, notes interim
certificates, certificates of indebtedness, debentures, or other
obligations.
CERTIFICATE OF TITLE: A document based on a title search stating
that title or interest in property is vested in a designated person and
shown outstanding liens, charge or other encumbrances.
CLERK: The Village clerk, the county clerk, or the officer
charged with the duties customarily imposed on such clerk.
CLUSTER SUBDIVISION: A form of development that permits a
reduction in lot area and bulk requirements, provided there is no
increase in the number of lots permitted under a conventional
subdivision or increase in the overall density of development and the
remaining land area is devoted to open space, active recreation,
preservation of environmentally sensitive areas or agriculture.
COLLECTOR STREET: A street of relatively short length that serves
as a connection between a major or secondary thoroughfare and several
minor streets. The term includes the principal entrance streets
of a residential development and streets for major circulation within
such a development.
COMMON PROMOTIONAL PLAN: Any plan or scheme of operation,
undertaken by single subdivider or a group of subdividers acting in
concert, to offer for sale or lease parcels of land where such land is
either 1) contiguous to or part of the same area of land or 2) is
known, designated or advertised as a common unit or by a common name.
COMMUNITY LIQUID WASTE TREATMENT SYSTEM: This means a system
serving two (2) or more parcels for the collection and treatment of
liquid waste.
COMMUNITY WATER SYSTEM: Any existing or proposed public water
supply system that relies upon surface and/or groundwater diversions
permitted by the State Engineer under 72-12-1 NMSA 1978, and consists
of common storage and/or distribution facilities operated for the
delivery of water to at least fifteen (15) service connections used by
year-round residents. A community water system can also be a
public water supply system.
CONDEMNATION: The process by which property is acquired for
highway or other public purposes through legal proceeding under the
power of eminent domain.
CONSTRUCT (CONSTRUCTION): To construct, reconstruct, install,
extend, better, alter, build, rebuild or improve a new or existing
structure.
CONTIGUOUS: Adjacent lots sharing a boundary or separated only by
a road, an alley, street, easement, or other public right-of-way.
CONVEYANCY: A written instrument by which a title, estate, or
interest in property is transferred.
COUNTY: Means Lincoln County, including the area within the
interior boundaries of the county.
CUL-DEL-SAC: A local street with only one (1) outlet and having
an appropriate terminal for safe and convenient reversal or traffic
movement.
CULTURAL PROPERTIES: A structure, place site, battlefield,
cemetery, historic landscape, or object having historic, archeological,
scientific architectural, or other cultural significance.
DEDICATION: The setting apart by the owner and acceptance by the
public of property for highway or other public use, in accordance with
statutory or common-law provisions.
DEVELOPER: Any individual, estate, trust, receiver, cooperative
association, club, corporation, company, firm, partnership, joint
venture, syndicate or other entity responsible for construction or
development of property in the Village or its extraterritorial planning
and platting jurisdiction.
DISCLOSURE STATEMENT: Statement given to a person acquiring an
interest in subdivided land; this statement complies with the
requirement of this Ordinance.
DONATION: The voluntary conveyance of private property to public
ownership and use without compensation to the owner.
DRAINAGE CHANNEL: Any depression into which storm water flows
along a defined course.
DRAINAGE EASEMENT: An easement for directing the flow of water.
DRAINAGE REPORT: A report prepared by or under the direction of a
registered professional engineer that describes the impact of a
proposed subdivision on storm water drainage, identifies areas of
Special Flood Hazard, identifies improvements needed to protect
properties within and outside the subdivision from adverse storm water
impacts and financial responsibility for their construction.
DRIVEWAY: A private road giving access from a cut that intersects
a County road or state road or public thoroughfare to a building or
prospective building site.
EASEMENT: A right acquired by public authority to use or control
property for a designated highway or other public purpose. A
right or privilege that a person or persons have in another’s land,
such as the right of passage, on which no permanent structure that
denies access, can be constructed.
EMINENT DOMAIN: The power to take property by due process for
public use with just compensation therefore.
ENGINEERING INTERPRETATIONS: The involvement of a professional
engineer registered in the State of New Mexico to study, analyze,
report on, and otherwise offer opinions concerning topics which
included but are not limited to soils, environment, water, sewage,
streets and water crossing all as they relate to the content and
objectives of this Ordinance.
EROSION: Soil movement due to wind or water.
EROSION CONTROL STRUCTURE: Any man-made device preventing or
controlling erosion.
FINAL PLAT: A map, chart survey, plan, or re-plat certified by a
licensed, registered, land surveyor containing a description of the
subdivided land with ties to permanent monuments prepared in a form
suitable for filing of record.
FLOODWAY: Any area, which will be flooded by high water from a
twenty-five (25) year frequency storm. (A four percent (4%)
chance of occurrence storm in one (1) year.)
FLOOD FRINGE: Any area, which will be flooded by high water from
a fifty (50) year frequency storm. (A two percent (2%) chance of
occurrence storm in one (1) year.)
FLOOD PLAIN: Any area, which will be flooded by high water from a
one hundred (100) year frequency storm. (A one percent (1%)
chance of occurrence storm in one (1) year.)
FUTURE STREETS LINE: A line running more or less parallel to the
center line of certain existing of proposed streets, as established by
ordinance for the purpose of delineating the future widths of street
right-of-way.
GEOHYROLOGIC REPORT: a report on the subsurface water
availability.
GRADE: The average of the finished ground level at the center of
all walls of a building. In case walls are parallel to and within
five (5) feet of a sidewalk, the ground level shall be measured at the
center of the wall nearest the sidewalk.
HYDROLOGIC REPORT: A report on surface water availability.
IMPROVEMENTS: Man-made or designed, immoveable fixtures or
additions that become part of, placed upon, or affixed to property,
including but not limited to infrastructure such as streets, curbs,
gutters, sidewalks, culverts, fire hydrants, street lights, street
signs, storm drainage facilities, landscaping materials, bike paths,
trails, and water, sewer and other utility systems or parts thereof.
INDIVIDUAL LIQUID WASTE DISPOSAL SYSTEM: A disposal system that
serves an individual dwelling or parcel and includes, but is not
limited to, septic tank systems, aerobic disposal systems and
evapo-transpiration systems.
LAND SURVEYOR: A person who engages in the practice of land
surveying and is registered as a land surveyor in the State of New
Mexico.
LEASE: To lease or to offer to lease land.
LIQUID WASTE: Domestic wastewater containing human excreta or
other water-carried waste.
LOT: Any parcel of land platted and placed on record in
accordance with laws and ordinances or a parcel of land described by
metes and bounds and having frontage on a street held in a separate
ownership.
LOT, DEPTH: The depth of a lot is the dimension measured from the
front of the lot to the extreme rear line of the lot.
LOT, WIDTH: Average dimension between side property lines
measured parallel to the street right-of-way line of tangent line.
MAJOR THOROUGHFARE: A street of considerable length that carries,
or that planning evidence indicates will carry, a large volume of
traffic.
MARGINAL ACCESS STREET: A street parallel to and adjacent to a
major thoroughfare, which provides access from the thoroughfare to
abutting properties.
MINOR RESIDENTIAL STREET: A street of relatively short length
that provides direct access to a limited number of abutting residential
properties and is designed to discourage its use by through traffic.
MUNICIPAL UTILITY: Sewer facilities, water facilities, gas
facilities, or electric facilities owned by a municipality and serving
the public.
MUNICIPAL (MUNICIPAL): Any incorporated city, town or village,
whether incorporated under general act, special act, special character,
or consolidated municipal county government.
OPEN SPACE: An area of natural land unimproved except for trails
and other passive recreational uses.
ORDINANCE: Ordinance or resolution that may be passed adopted or
entered into by the village.
OWNER: A person or successor in interest, having a legal or
equitable interest in a given property.
PARCEL OF LAND: A contiguous quantity of land in the possession
of, or owned by, or recorded as the property of the same claimant or
person.
PARCEL PLAT: A map of a single parcel of property or portion
thereof needed for highway or other public or private purposes, showing
the boundaries, areas, the remainder improvements, access, ownership,
other pertinent information.
PERFORMANCE BOND: A form of security required by the Village of
Capitan, required to be obtained by a Sub divider, prior to and during
the construction of developer-provided improvements of a subdivision.
PERSON: Any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate
trust, business trust, receiver, syndicate, political subdivision, or
other group or combination acting as a unit.
PLANNING COMMISSION: The officially appointed Planning Commission
of the Village of Capitan, New Mexico.
PLANTING EASEMENT: An easement for reshaping roadside areas and
establishing plant growth thereon.
PLAT: A map, chart, survey plan or replat certified by a licensed
registered land surveyor containing a description of the subdivided
land with ties to permanent monuments.
PLAT, FINAL: A map of a land subdivision prepared in a form
suitable for filing or record with necessary affidavits, dedications
and acceptances: and with complete bearings and dimensions of all lines
defining lost and blocks, streets and alleys, public areas and other
dimensions.
PLAT, PRELIMINARY: A map and other submittals as required by
these regulations of proposed land subdivision showing the character,
and proposed layout of the tract in sufficient detail to indicate the
suitability of the proposed subdivision of land.
PRIVATE ROAD: Any road that is not dedicated to or maintained by
the Village.
PUBLIC ROAD: The state or any municipality, board commission,
authority, district, or any other subdivision or public body of the
state.
PUBLIC OFFICER: Any officer who is in charge of any department or
branch of the government or the municipality relating to health, fire,
building regulations or other activities concerning dwelling, buildings
and structures in the municipality.
PUBLIC GROUND: Any real property owned or leased by a
municipality.
PUBLIC TRAIL, PATH, and OR WALKWAY: A right-of way or easement
designated for bicycle, equestrian or pedestrian purposed.
RE-PLAT/RE-SUBDIVISION: Modification or a previously
platted/subdivided parcels or parcels which increases or decreases the
number of lots or significantly alters the boundaries. In all
cases, a re-plat/re-subdivision is treated as a subdivision for the
purposes of this Ordinance. Re-subdivision shall include any
change to a lot line, right-of-way line, or utility easement, unless
the change is the result of vacations granted by action of the Board of
Trustees.
REAL PROPERTY: All lands, including improvements and fixtures
thereon, and property of any nature appurtenant thereto, or used in
connection therewith, and every estate, interest right and use, legal
or equitable, therein, including terms for years and liens by way of
judgment, mortgage, or otherwise.
REGISTERED PROFESSIONAL ENGINEER: Any person who is a
professional engineer licensed to practice in New Mexico.
RIGHT OF ACCESS: The rights of ingress to a highway from abutting
land and egress from a highway to abutting land.
RIGHT OF IMMEDIATE POSSESSION: The right to occupy property for
highway or other public purposes, after preliminary steps for
acquisition have been taken and before final settlement.
RIGHT OF SURVEY ENTRY: The right to enter property temporarily to
make surveys and investigations for proposed highway or other public
improvements.
RIGHT-OF-WAY: An area of land acquired by deed, reservation,
dedication, or condemnation and intended to be occupied by a road,
trail, crosswalk, railroad, utility transmission line, or pipeline or
similar uses.
RIGHT-OF-WAY APPRAISAL: A determination of the market value of
property including damages, if any as of a specified date, resulting
from an analysis of facts.
RIGHT-OF WAY-STRIP MAP: A plan of a highway or other public
improvement showing its relation to adjacent property, the parcels or
portions thereof needed for highway or other pertinent information.
SCENIC EASEMENT: An easement for conservation and development of
roadside views and natural features.
SEDIMENT: Soil or other surface material transported by wind or
surface water.
SELL: To sell or offer to sell land.
SEPTIC TANK SYSTEM: A tank which is designed and constructed to
separate solids from the liquid and digest organic matter through a
period of detention; together with an absorption field.
SITE PLAN: A map showing the general features or concept of a
development including property boundaries of the tract proposed for
development; location and arrangement of all existing structures;
existing and proposed utility rights-of-way and easement; vehicular and
pedestrian ways; on-site parking areas; open spaces; landscape areas.
SKETCH PLAT OR PLAN: A preliminary drawing or sketch that shall
be drawn to scale and depicts the proposed layout of a subdivision.
SLOPE EASEMENT: An easement for cuts and fills.
SOIL SURVEY: A national cooperative soil survey conducted by the
United States Department of Agriculture in cooperation with the State
Agriculture Experimental Station and other federal and state agencies
or any other survey containing information of comparable quality and
detail approved by the local district.
SOLID WASTE: Any solid or semi-solid discarded materials which
results from household, commercial, industrial, or other operation, but
does not include waterborne waste in sewerage systems.
STREET: A public way for vehicular traffic, including all land
within right-of-way lines that has been dedicated, condemned, or
abandoned to the public as such, other than an alley, which affords the
principal means of access to abutting property.
STREET, ARTERIAL: A street designed to carry large volumes to
traffic.
STREET, COLLECTOR: A street designed to carry moderate volumes of
traffic.
STREET, LOCAL: A street of limited continuity designed to carry
low volumes of traffic used primarily for access to abutting properties
and the local needs of the neighborhood.
STREET, ROADWAY: That portion of the street available for
vehicular traffic and, where curbs are laid, the portion from
back-to-back of curbs.
STREET, SECTION: The typical cross section, including but not
limited to combined surface course, base course, sub base, and prepared
sub grade, all as applicable, considered as a single unit.
SUB-DIVIDER: Any person, individual, firm, partnership,
association, corporation, estate, trust, or any other group or
combination acting as a unit, or any agent of the sub-divider, dividing
or proposing to divide land so as to constitute a subdivision, however,
“sub-divider” does not include any duly licensed real estate broker or
salesperson acting on another’s account.
SUBDIVISION: Division of a surface area of land, including land
within a previously approved subdivision, into two or more parcels for
the purpose of sale, lease, or other conveyance; or for building
development, whether immediate or future. “Subdivision” shall
include any activity, individually or as part of a common promotional
scheme, by one other than the original sub-divider, to improve (with
road construction, drainage, grading, utilities, water supply systems,
liquid waste disposal systems, or other substantial improvements) and
offer for sale to the public one or more residential lost within an
existing subdivision not in compliance with current subdivision
standards, which lots are located within a radius of 500 hundred (500)
feet.
SUMMARY REVIEW: Procedure for approving applications for
subdivision of land into two parcels or where the re-subdivision or
combination of land does not increase the total number of lots.
TERRAIN MANAGEMENT PLAN: The sub-divider’s proposal for the
control of floods, drainage, and erosion, and measures required for
adapting proposed development to existing soil characteristics and
topography. The terrain management plan shall include: a storm
drainage report and plan for the 100 year frequency storm;
identification of areas of special flood hazard; a grading plan using
two (2) feet contours; and the proposed finished grade of each lot.
TITLE: The evidence of a person’s right to property or the right
itself.
TITLE OPINION: An analysis and interpretation of a title search
concerning present ownership, encumbrances, clouds on title, and other
infirmities.
TRAFFIC IMPACT ANALYSIS: A study designed to analyze the amount
of traffic and associated to existing roads, streets and development,
which will be generated, by a proposed development or subdivision.
UNMARKED BURIALS: A location where there exists a burial or
burials of any human being that are not visibly marked on the surface
of the ground in any manner traditionally or customarily used for
marking burials including any funerary object, material object, or
artifact associated with a burial or burials.
USABLE OPEN SPACE: An area uncovered and open, or covered and
open to light and air on at least one of its sides, and available to
some or all of the occupants of the structure for private or public
recreation or leisure time activities; it does not include driveways or
parking area.
VACATION: Act of rescinding (canceling) all or part of a recorded
subdivision plat, including legal dedications and grants of easements.
VARIANCE: a discretionary waiver from the strict application of
certain code requirements granted by the Village Board of Trustees to
alleviate conditions peculiar to particular property which places an
undue burden upon the individual landowner.
VILLAGE: The Village of Capitan located in Lincoln County of the
State of New Mexico.
WASTEWATER: Treated or untreated gray water, black water, excreta
and other hazardous substances in liquid form or dissolved or miscible
in a liquid which is discharged for disposal.
WATER CONTROL STRUCTURE: Any man made device for containing of
channeling water.
WATERCOURSE: Any river, creed, spring, stream, or any other like
body having definite banks and evidencing the occasional flow of water.
WATER SUPPLY SYSTEM: A system to provide water for domestic use
for human consumption.
ARTICLE 3. PRE-APPLICATION PROCESS
Section 3.1 Pre-application Procedure
3.1.1 Conference, mandatory. For the purpose of
expediting application and reducing subdivision design and development
costs, a sub-divider shall request an informal pre-application
conference in accordance with the requirements provided in this
Ordinance. The pre-application conference is intended to provide
general advice to the sub-divider about the procedures and data
requirements for subdivision review an approval in the Village.
3.1.2 Scheduling. At the request of the
sub-divider, the Village clerk shall schedule a pre-application
conference in order for the sub-divider to meet with the Planning
Commission and to become acquainted with the necessary requirements for
subdivision review and approval.
3.1.3 Fee. No fee shall be required for a
pre-application conference.
3.1.4 Statements non-binding. Neither the
sub-divider nor the village shall be bound by any statements made
during the pre-application conference.
3.1.5 Application/forms. A the request of the
sub-divider, the Village Clerk shall provide sufficient information as
specified in Section 3.2.2 and application forms for preliminary plat
submittal in order to proceed with the Village subdivision process and
fulfill the requirements of the state Municipal Subdivision Act. (NMSA
1978, Sections 3-19-5, 3-19-6, and 3-20-1 et seq. (1965, 1969, 1979)).
Section 3.2. Pre-Application Data Requirements
3.2.1 Sketch Plan. A sketch plan shall be
prepared by the sub-divider that shows the proposed layout of streets
and lots, with estimated dimensions and other relevant site information
such as a north arrow and street labels. It may be a freehand
pencil sketch made directly on a print of the topographic survey.
The location of proposed subdivision must be adequately described on a
general map on the area.
3.2.2 Additional Information. In addition to
the sketch plan and location map, the sub-divider shall provide
information including the following:
1. Name and mailing address of sub-divider and
designated agent, if any,
2. Name of owner or owners of land to be subdivided,
3. A written description of the proposed subdivision,
such as the number and typical lot width and depth of residential lots,
business areas, and public areas,
4. A description or map of the surrounding land uses,
5. Accessibility of the site to roads and utilities,
6. Proposed water supply and liquid waste system,
7. Description of proposed covenants,
8. Assurance that the sub-divider is aware of
the requirements of the Cultural Properties Act (NMSA 1978, Section
18-6).
9. Land Characteristics including surface drainage,
grading, landfill areas, private and municipal utilities, slopes and
floodplains.
ARTICLE 4. PRELIMINARY PLAT REVIEW PROCESS
4.1.1 Preliminary plat requirement. Preliminary
plats shall be submitted to the Village for all subdivisions with three
(3) or more parcels. A subdivision with two (2) parcels is
subject to review under the summary procedure set forth in Article 6 of
the Ordinance.
4.1.2 Application/fees. A sub-divider shall
prepare a preliminary plat and supporting documentation in accordance
with the requirements provided in this Ordinance. Preliminary
plat submittal is initiated by completing an application on a
prescribed application form obtainable from the Village Clerk, a
subdivision checklist which lists the requirements in Article 5 and
upon payment of the required administrative fees established by the
Village Board of Trustees to cover the costs of review by a registered
engineer and legal notification.
4.1.3 Preliminary Plat Deemed Complete. Upon
receipt of the application, fees, preliminary plat, subdivision
checklist, draft disclosure statement and supporting documentation, the
registered engineer shall review all the material to determine if the
preliminary plat is ready to begin the review process. The
sub-divider shall be notified in writing whether the preliminary plat
application is complete within 30 business days of the application
submittal. If the preliminary plat is deemed incomplete or not in
compliance with the submittal requirements provided in this Ordinance,
the sub-divider shall correct the deficiencies and return the
preliminary plat for consideration.
Section 4.2. Preliminary Plat Review
4.2.1 Agency Review. Within ten (10) days after
the plat is deemed complete, the Village shall forward copies of the
preliminary plat and supporting documentation for review and comment to
the registered engineer and any other agencies or professionals that
the City considers necessary to determine whether there are adequate
facilities to accommodate the proposed subdivision and whether it
complies with applicable laws and policies. The list of agencies
includes but is not limited to:
a. Capitan Public Works Department
b. Capitan Police Department
c. Capitan Fire Department
d. Capitan School District
e. Private gas, electric and cable companies that
will serve the subdivision
f. Lincoln County Solid Waste Department
g. Lincoln County EMS
h. E-911
In addition, the Village may seek review by state agencies if it has
concerns regarding specific issues including but not limited to water
rights, water quality, solid waste disposal, soils and terrain
management, historical or archaeological items. These agencies
have no obligation to review municipal subdivisions, however.
They include:
a. New Mexico State Engineer
b. New Mexico Environment
c. The Soil and Water Conservation District
d. New Mexico State Highway and Transportation
Department (if adjacent to a state highway)
e. New Mexico State Historical Preservation Office
f. New Mexico Attorney General
4.2.2 Contract professionals. The Village may
employ a registered professional engineer to review and comment on the
adequacy of the proposed road construction plan, design, locations,
specifications, drainage structures, water supply, water quality,
liquid and solid waste disposal, terrain management and preservation of
archaeological sites and cultural properties.
4.2.3 Agency response. The agencies shall have
30 business days from receipt of the preliminary plat to review and
return a written opinion regarding the preliminary plat. The
Village Clerk shall obtain receipts or other proof showing the date the
request was received by each agency.
4.2.4 On-site Inspection. Prior to formal
action by the Planning Commission, a delegation of Planning Commission
members will make an onsite inspection of the proposed subdivision and
report to the full Commission.
Section 4.3 Public Hearing on Preliminary Plats
4.3.1 Schedule. Following review of the
required preliminary plat and other material, and following
negotiations with the sub-divider on changes that may be deemed
advisable, the Planning Commission shall at a public hearing, within 60
days of receipt of the final application package, act on the package as
submitted or modified.
4.3.2 Decision. If the Planning Commission
recommends approval, it shall express its conditional approval and
state the conditions of such approval, if any, for the record. If
the Planning Commission recommends disapproval, it shall express its
disapproval and its reasons therefore for the record. The Village
shall notify the sub-divider of this decision in writing.
4.3.3 Board of Trustees. Within 35 days after
the public hearing in which the Planning Commission recommends approval
or denial of a preliminary plat, the Village Board of Trustees shall
approve, approve with conditions, or deny the preliminary plat at a
regularly scheduled meeting. The Village shall inform the
sub-divider in writing of the decision of the Board of Trustees.
Such decision shall be noted on two copies of the preliminary plat,
referenced and attached to any condition determined. One copy
shall be returned to the sub-divider and the other retained by the
Village.
4.3.4 Notice. The notice of the public hearing
shall be published in a newspaper of general circulation in Lincoln
County and posted locally at the Village Hall at the sub-divider’s
expense and shall contain the following information:
a. Subject of the hearing
b. Date, time and place of the hearing
c. Place and manner for interested persons to obtain copies of comments
on the proposed
plat
d. Manner by which interested persons can present their views
4.3.5 Notification. Copies of the notice of
public hearing shall be transmitted to the following:
a. Sub-divider filing the application
b. Agencies whose review was requested
c. Interested persons who requested such notice and
provided a stamped, self-addressed envelop
d. Owners of property contiguous to the proposed
subdivision
e. Owners of property within 500 contiguous feet
(except for easements and right-of-ways) of the proposed subdivision
f. Any neighborhood association that has registered
with the Village and is located within one mile of the subject property
4.3.6 Sign Posting. The sub-divider must post a
sign on the property to be subdivided at least 15 days prior to the
Planning Commission hearing. The sign shall briefly list the
proposed action and include the time and place of the public
hearing. The sub-divider shall maintain the sign in that position
until five days after the Board of Trustees meeting.
4.3.7 Participation/Record. At the public
hearing, all interested persons shall have a reasonable opportunity to
submit data and comments orally or in writing, and to examine witnesses
testifying at the hearing. A written record of the public hearing
shall be kept. The opinions of the agencies shall be made part of
the hearing record.
Section 4.4 Plat Expiration of Preliminary Plat
4.4.1 Expiration. An approved preliminary plat
shall expire twelve (12) months after its approval or conditional
approval unless a final plat has been filed. Upon request to the
Planning Commission this period may be extended for not more than
twelve (12) additional months.
4.4.2 Phased Development. If the preliminary
plat was approved for phased development, the sub-divider may file
final plats for portions of the development, and the expiration date of
the preliminary plat shall be extended for an additional twelve (12)
months after the date of the filing of each plat. The number of
phased final plats shall be determined by the Board of Trustees at the
time of approval or conditional approval of the preliminary plat.
4.4.3 Expiration. The expiration of the
approved or conditionally approved plat shall terminate all proceedings
on the subdivision, and no final plat shall be filed without processing
a new preliminary plat.
Section 4.5 Preliminary Plat Data Requirements
4.5.1 Preliminary Plat. The sub divider shall
submit ten (10) blue line or black line copies of the preliminary plat,
one 11 inch by 17 inch copy, the subdivision checklist, and any other
supporting documents with the completed application form.
4.5.2 Plat Format. The preliminary plat shall
be drawn to a scale of 1 (one) inch equals 200 feet on sheets 24 by 36
inches with one-half inch borders. The original drawing shall be
in black ink on tracing cloth or drafting film (Mylar, acetate).
If more than two sheets are used, the drawings shall be accompanied by
an index sheet of the same size showing the entire subdivision at an
appropriate scale.
4.5.3 Supporting Documentation. A minimum, the
preliminary and final plat review shall provide the following
supporting documentation with sufficient information for the Village to
determine that the subdivision meets the standards of this Ordinance.
1. Water supply plan, certified by a registered
professional engineer or professional hydro geologist. Water must
be sufficient in quantity to fulfill the maximum annual water
requirements of the subdivision for indoor and outdoor use for a
70-year period, as certified by a letter from the Village Water
Department or other water utility providing the water.
2. If a community water supply is proposed,
documentation that water quality meets State and Federal standards.
3. If on site or community system is proposed, that
liquid waste disposal meets Village standards.
4. A plan for solid waste disposal that meets Village
standards.
5. Documentation that each parcel has legal access,
including entry and exit for emergency vehicles, that roadways are
coordinated with existing and planned municipal and county roads, and
that all streets meet municipal standards.
6. A terrain management plan that protects against
flooding, inadequate drainage and erosion.
7. A drainage report, prepared by or under the
direction of a registered professional engineer that contains the
following:
a. Sufficient maps, calculations, details and
discussion to demonstrate that the proposed subdivision and its
associated land sue changes are to be performed in a manner which will
not adversely impact private or public properties in the event of a one
hundred (100) year, six (6) hour storm and any smaller storms;
b. Clear identification of areas of Special Flood
Hazard within or adjacent to the proposed subdivision as defined by the
Federal Emergency Management Agency (FEMA);
c. Clear identification of any drainage structures
and other physical subdivision and financial responsibility for their
construction; and
d. Certification or the preparer as to compliance
with these requirements.
8. Documentation that there is protection for
cultural properties and archaeological sites.
9. Documentation that the subdivision will conform to
the Municipal Subdivision Act, this Ordinance, and guidelines adopted
by the Board of Trustees.
4.5.1 Certification. All information required
to be submitted must by certified by an appropriate professional as set
forth in this ordinance and in guidelines adopted by the Board of
Trustees.
4.5.2 Map specifications. The preliminary plat
shall contain the following information:
1. Name of proposed subdivision, names and addresses
of owner(s), sub divider, (if different from the owner), agent, and
land surveyor;
2. Scale and north arrow, date and legal description
indication the range, township and section within which the subdivision
is located;
3. Location of subdivision in relation to well known
landmarks;
4. Proposed benchmark locations, proposed method of
tying to permanent survey monuments, and proposed location and type of
subdivision control monuments. Descriptions of all monuments
found or set;
5. Existing and proposed boundary lines: in bearings
and distances, for the subdivision;
6. Existing topography and any re-grading plans,
indicating contour intervals sufficient for planning purposed (not more
than two feet for less than 5 percent slope, or five feet for land
sloping 5 percent or more). Include delineation of ridge tops,
slopes over 15 percent, and no-build zones if relevant;
7. Proposed lot lines, with lot and block numbers and
approximate acreage of each lot;
8. Location, dimensions, and purpose of existing and
proposed easements;
9. Names and right-of-way widths and centerlines of
existing and proposed streets on and adjacent to the subdivision;
10. Existing and proposed utilities on and adjacent
to the site, including location and, if obtainable, size of water
wells, water reservoirs, water lines, sanitary and storm sewers;
location of gas lines, fire hydrants, electric and telephone lines and
poles, and street lights. If water mains and sewer are not on or
adjacent to the tract, indication of the direction, distance to, and
size of nearest lines showing invert elevation of sewer;
11. Locations, dimensions, and purposed of any land
to be dedicated to the public use, including any improvements to be
made to that land;
12. Sites and approximate area for any multi-family
dwellings or nonresidential use;
13. Existing storm drainage features and facilities
on and adjacent to the site;
14. Delineation, if applicable, of any 100-year flood
plain as designated by the Federal Emergency Management Agency;
15. Other significant conditions of the site:
unstable soils, notable vegetation, structures, etc;
16. Areas designated as public and/or private open
space;
17. Additional information as deemed appropriate by
the county upon prior notice to the applicant;
18. Description of archaeological, historical, or
culturally significant features on the site.
4.5.3. Development Schedule. The subdivider
shall provide an estimated schedule in lot development. In
particular, the schedule shall indicate when street construction, water
service, or server service will be provided.
4.5.4. Phased Subdivisions. Subdivisions that
are proposed to be phased and filed in multiple final plans shall
include an anticipated phasing schedule for the final plats and a
schedule of improvements.
4.5.5. Disclosure statement. The preliminary
plat shall be accompanied by a draft disclosure statement. A
disclosure statement shall be required for all subdivisions to permit
the prospective purchaser, lessee, or other person acquired an interest
in the subdivided land to make an informed decision about the purchase,
lease, or other conveyance of the land.
ARTICLE 5. FINAL PLAT REVIEW PROCESS
Section 5.1. Final Plat Submittal
5.1.1. Conformity. Prior to approval, the final
plat shall comply with the Municipal Subdivision Act, this Ordinance,
and guidelines adopted by the Board of Trustees.
5.1.2. Submittal. Following approval or
conditional approval of a preliminary plat and before the expiration of
the plat, the subdivider shall prepare a final plat in substantial
conformity with the approved or conditionally approved plat.
Subdivisions proposed to be phased in multiple final plats shall
be submitted as indicated on the phasing schedule submitted with the
preliminary plat.
5.1.3. Application/Fee. A subdivider shall
prepare a final plat and supporting documentation in accordance with
the requirements provided in this Ordinance. Final plat submittal
is initiated by completing an application on a prescribed form
available from the Village Clerk and by paying the required
administrative fees.
5.1.4. Review. The Village Government shall
review the final plat to determine that all required information is
complete and that this Ordinance and any conditions of preliminary plat
approval are met. A final plat is considered officially submitted
on the date the Village Government deems it complete.
Section 5.2. Final Plat Approval
5.2.1 Action. Final plats submitted to the
Village for approval shall be approved or disapproved by the Board of
Trustees at a public meeting not later than thirty-five (35) days from
the date of the final submission of the plat unless the subdivider
agrees in writing to a deferral. [NMSA 3-20-7-E]
5.2.2. Decision. If a final plat is in
conformance with the preliminary plat and conditions, if any, and this
Ordinance, it shall be approved by the Board of Trustees.
5.2.3. Denial. Denial of a final plat
shall be accompanied by a written finding identifying the requirements
that have not been met.
5.2.4. Failure to Act. If the Board of Trustees
does not act upon the final plat within the required period of time,
the plat is deemed to be approved, and upon demand, the Board of
Trustees shall issue a certificate approving the plat. The person
seeking approval of the plat may waive this requirement and agree
to an extension of this time period [NMSA 1978 3-20-7].
5.2.5. Recording. After approval by the
Board of Trustees, the final plat is in full force and effect only
after it is recorded in the Office of the Lincoln County Clerk and two
copies of the recorded and stamped plat are filed with the Village
Clerk.
5.2.6. Replat. After final approval of any
plat, no lot or block shall be further subdivided or the area of any
platted lot diminished, and no change shall be made in the platting of
any street, alley or easement established by said plat except upon the
filing of a replat or vacation of plat with the Planning Commission and
securing its approval through the procedures in this Ordinance.
The replat shall show such proposed change, or changes, and shall apply
to all proposed replats or changes in lot lines, dimensions of lots,
streets, alleys, and easements in any platted area within the Village
planning and platting jurisdiction.
Section 5.3. Final Plat Data Requirements.
5.3.1 Submission. The original drawing of
the final plat shall be submitted in waterproof ink or mylar or acetate
or other durable material suitable for reproducing copies. Final
plat maps shall be drawn at a scale of 200 feet to one inch or larger
and printed on sheets no larger than 24 x 36 inches. When more
than one sheet is used to include the entire subdivision, all sheets
shall be cut to the same size and shall show appropriate references to
other sheets of the subdivision. The subdivider shall also submit
10 paper copies of the final plat map and accompanying information.
5.3.2 Map Specifications.
Name of subdivision, scale, north arrow, and date of survey;
1. Permanent monuments, or descriptions and ties to
such monuments to which all dimensions, angles, bearings and similar
date on the plat shall be referred;
2. Reference the plat to the New Mexico State Plane
Coordinate System and the 1983 (or most current) North American
Datum. A DFX file is required;
3. Total acreage of subdivision, to four decimal
points;
4. Tract boundary lines, easement and right-of-way
lines, and property lines of residential lots and other sites, with
accurate dimensions, bearings, or deflection angles, and radii, arcs,
and central angles of all curves;
5. Accurate description of legal access to roads and
utility easements for each parcel, and if the access or easement is
based upon an agreement, the recording data in the land records for the
agreement;
6. Name, right-of-way width, and centerline data of
each road or other right of way, and mileage of streets created;
7. Location, dimensions, areas, and purpose of all
easements and dedicated public sites;
8. Number of each parcel in progression, with its
dimensions, and the dimensions of all land dedicated for public use or
for the use of the owners of parcels fronting on or contiguous to the
land;
9. Names of owners of contiguous unplatted land;
10. Reference to recorded subdivision plats of
adjoining platted land by recorded name, date, book, and page number in
the Office of the Lincoln County Clerk;
11. Delineation of any 100-year flood plain as
designated by the Federal Emergency Management Agency;
12. The names of the owner(s) of the subdivision, and
the developer if other than the owner(s);
13. Certification and seal by a registered land
surveyor, in accordance with the laws of the State of New Mexico,
certifying the accuracy of the survey and plat, that he prepared or
supervised preparation of the plat, that he has shown all easements of
record, and that it meets Design Standards for Surveying;
14. Legal description indicating the range, township,
and section within which the subdivision is located;
15. Street address on each lot, as assigned by the
Village;
16. Copies of covenants.
5.3.3. Affidavit. The final plat shall contain
a statement that the land being subdivided is in accordance with the
final plat. It shall also contain a statement that the
subdivision is with the free consent and in accordance with the desire
of undersigned owner of the land, acknowledged in a manner required for
acknowledgement of deeds. [NMSA 1978 3-20-3] Every final plat
submitted to the county clerk shall be accompanied by an affidavit of
the owner and the subdivider, or authorized agents, stating whether or
not the proposed subdivision lies within the subdivision regulation
jurisdiction of the county.
5.3.4. Plat Copy. A copy of the final plat shall be
provided to every purchaser, lessee, or other person acquiring an
interest in the subdivided land before sale, lease, or other conveyance.
5.3.5. Dedication. The final plat shall contain
a signed statement by the subdivider, and owner if not the same,
dedicating streets and other rights-of-way, granting easements for
public use, dedicating sites for public use, and agreeing to build all
roads within the subdivision in full conformance with the requirements
of the Village Subdivision Ordinance and the Village Road Construction
Standards.
5.3.6. Acceptance of Dedication. The final plat
shall contain a statement of approval that the Village Board of
Trustees has accepted, subject to improvement, or rejected, on behalf
of the public, any land offered for dedication for public use as
parkland, open space, and/or land for public infrastructure. If
such dedication is for the purpose of right-of-way, full conformance
with the Village road construction standards shall be demonstrated
prior to any road being accepted for maintenance by the Village.
Acceptance of offers of dedication on a final plat shall not be
effective until the final plat is filed in the Office of the Lincoln
County Clerk or a resolution of acceptance by the Village Board of
Trustees is filed in that office.
5.3.7. Disclosure Statement. For all final
plats, a disclosure statement shall be prepared in accordance with the
standardized format provide in the Appendix. It is unlawful to
sell, lease, or otherwise convey land in a subdivision until the
required disclosure statement has been filed with the county clerk, the
attorney general’s office, and the prospective purchaser, lessee or
other person acquiring an interest in the subdivided land has been
given a copy of the disclosure statement.
5.3.8. Conformity. The Board of Trustees shall
not approve the plat of any subdivision if, upon the determination of a
registered professional engineer, appropriate other professional or
State agency, it concludes that the subdivider can fulfill the
proposals contained in the disclosure statement or if the subdivider
has not conformed with this Ordinance.
5.3.9. Water Permits. The Board of Trustees
shall not approve a final plat for any subdivision in the planning and
platting jurisdiction for a subdivision containing twenty (20) or more
parcels, any one of which is less than five (5) acres, unless the
subdivision is to be served by the municipal water utility or a
community water system if proposed. If a community water system
is proposed, the Board of Trustees shall not approve a final plat
unless the State Engineer has issued a water right permit for
subdivision water use, which assures that the subdivision has
sufficient water rights for the system.
5.3.10. Environment Department Approval. Any
subdivision requiring construction of a community water system or a
community liquid waste system requires documentation of approval from
the New Mexico Environment Department prior to final plat approval.
5.3.11. Property Taxes. Prior to final plat
approval, a certificate shall be obtained by the county treasurer’s
office establishing that all property tax obligations on the land to be
divided are currently paid and that the property is assessed on the
rolls of the county assessor in the name of the current owner(s).
5.3.12. Supplemental Documents. In addition to
the final plat, final construction drawings shall be submitted which
shall include:
a. Street plans and profiles, street cross-section
specification
b. Water and Wastewater line plans and profiles
c. Terrain Management Plan
d. To seal a Civil Engineer registered in New Mexico
affixed to each plan and profile sheet, drainage study, and any other
engineered element of the subdivision construction plans.
Section 5.4. Requirements Prior to Sale, Lease, or
Other Conveyance.
5.4.1. It is unlawful to sell, lease, or otherwise
convey land within a subdivision until
• The final plat has been recorded as specified in
this Ordinance.
• The subdivider has furnished the Board of Trustees
a sample copy of the sales contracts, leases, disclosure statement and
other documents that will be used to convey an interest in the
subdivided land.
• All corners of all parcels and blocks within the
subdivision shall be permanently marked with metal stakes with caps in
the ground and a reference stake shall be placed beside one corner of
each parcel.
5.4.2. Requirement. Any person who sells,
leases for an initial term plus option in excess of five (5) years or
otherwise conveys an interest in any parcel located in whole or in part
in the planning and platting jurisdiction of the Village shall record
the deed, lease, real estate contract, notice of lease, notice of real
estate contract, or other document of conveyance with the County Clerk
no late than five (5) days after the closing or thirty (30) days after
the date on which the document is signed, whichever comes first.
5.4.3. Form and Certification. Any deed, lease
for an initial term plus option in excess of five (5) years, real
estate contract, notice to lease, notice of real estate contract or
other document used to convey any interest in any parcel located in
whole or in part in the planning and platting jurisdiction of the
Village shall be in a form acceptable for recording and duly
acknowledged and certified as required by the provision of NMSA 1978
14-8-4.
5.4.4. Plat Attachment. The deed, lease, real
estate contract, notice to lease, notice of real estate contract, or
other document of conveyance shall have a survey plat and legal
description of the parcel attached to it. The survey plat shall
show the surveyor’s seal, the boundaries of the parcel, means of
access to the parcel, and any easements to which the parcel is subject.
ARTICLE 6. SUMMARY REVIEW PROCESS
Section 6.1. Qualification
The following types of subdivisions may qualify for two-step summary
review process [NMSA 3-20-8]:
6.1.1. Subdivisions of not more than two parcels of
land
6.1.2. Resubdivisions, where the combination or
recombination of portions of previously platted lots does not increase
the total number of lots.
Section 6.2. Summary Review Procedure
6.2.1. Pre-application Conference. A
pre-application conference as described in Section 3.1.1 of this
Ordinance is required before an application for summary review and
approval.
6.2.2. Application/Fees. A subdivider shall
prepare a summary review plat and supporting documentation in
accordance with the requirements for a final plat provided in this
Ordinance. The summary review plat shall be considered as a final
plat suitable for filing with the county clerk. Summary review
plat submittal is initiated by completing an application on the
prescribed form obtained from the Village Clerk and upon payment of the
required administrative fees.
6.2.3. Plat deemed complete. On receipt of the
application, fees, summary review plat, and supporting documentation,
the Village Engineer shall review all materials to determine if the
plat is complete and ready to begin the review process. If there
are no deficiencies, the summary review plat will be deemed complete
for review by written notice to the subdivider within ten (10) days
after the date of the application. If the plat is incomplete or
does not comply with the submittal requirements, the subdivider shall
be notified and given a maximum period of thirty (30) days to correct
the deficiencies and return the plat for consideration.
6.2.4. Review Process. The Planning Commission
shall review the summary review plat and all materials and shall
provide the Board of Trustees and the subdivider with written comments
of their findings within twenty (20) days of the date the plat was
deemed complete.
6.2.5. Public Meeting. Summary review plats
submitted to the Village for approval shall be approved or denied by
the Board of Trustees at a public meeting within thirty-five (35) days
of the date the summary plat has been reviewed by the Planning
Commission.
6.2.6. Improvements Agreement. If at the time
of the approval of the summary review plat any public improvements have
not been completed by the subdivider as required by this Ordinance, the
Board of Trustees shall, as a condition preceding approval of the
summary review plat, required the subdivider to enter into an agreement
with the Village, on mutually agreeable terms, to thereafter complete
the improvements at the subdividers expense.
6.2.7. Failure to Act. If the Planning
Commission does not act upon the summary review plat within the
required period of time, the subdivider shall give the Board of
Trustees written notice of the Village’s failure to act. If the
Board of Trustees fails to approve or reject the summary review plat
within the thirty-five (35) days after such notice, the Board of
Trustees, upon written demand by the subdivider, issue a certificate
that the summary review plat has been approved.
Section 6.3. Summary Review Data Requirements
6.3.1 Submission. The original drawing of the
summary review plat shall be submitted in waterproof ink or mylar or
acetate or other durable material suitable for reproducing
copies. Final plat maps shall be drawn at a scale of 200 feet to
one inch or larger and printed on sheets no larger than 24 x 36
inches. When more than one sheet is used to include the entire
subdivision, all sheets shall be cut to the same size and shall show
appropriate references to other sheets of the subdivision. The
subdivider shall also submit ten (10) paper copies of the final plat
map, an 11-inch by 17-inch version, and accompanying information.
6.3.2 Map Specifications: The summary review
plat map shall include the following information:
1. Title, scale, north arrow, date;
2. Name and mailing address of subdivider and
designated agent, if any;
3. Names of owners of land to be subdivided and of
contiguous property;
4. Subdivision boundary lines, easements and
right-of-way lines, and property lines of all lots, with accurate
dimensions and ties to monuments;
5. Acreage measurements and identification numbers
for each lot;
6. Location, dimensions, and purpose of all easements;
7. Delineation of any 100-year flood plain as
designated by Federal Emergency Management Agency;
8. Certification and seal by a registered land
surveyor, in accordance with the laws of the State of New Mexico,
certifying the accuracy of the survey and plat, that he prepared or
supervised preparation of the plat, that he has shown all easements of
record, and that it meets Design Standards for Surveying;
9. Legal description indicating the range, township,
and section where the subdivision is located.
ARTICLE 7. REQUIRED IMPROVEMENTS
Section 7.1. Authorization
Prior to the construction of any improvements or to the submission of
any bond, the subdivider shall furnish the Planning Commission with all
plans and data necessary for the construction of said improvements,
certified by a registered professional engineer or other appropriate
professional. These plans shall be examined by the Planning
Commission and the Village Engineer and will be approved if in
accordance with the following requirements. An improvement
agreement shall be executed prior to final plat approval. Receipt
of the signed copy of the final plat is authorization for the
subdivider to proceed with the minimum improvements required by
Ordinance.
Section 7.2. Improvement Agreement
The Village may enter into a subdivision improvement agreement with a
subdivider. This agreement shall constitute a binding contract
between the subdivider and the Village and shall contain those terms
and conditions agreed to by the subdivider and the Village.
Section 7.3. Installation Assurance
Plans for improvement shall be prepared by a registered professional
engineer. The Village is to be assured that these improvements
are to be installed in a satisfactory manner by the following method:
7.3.1. The subdivider must enter into a Subdivision
Improvement Agreement with the Village and post a satisfactory
bond, either a performance bond or a cash bond, escrow deposit, or some
other form of financial guarantee in an amount and with surety and
conditions satisfactory to the Village providing for and securing to
the Village the actual construction and installation of such
improvements and utilities within a period not to exceed one
year. The Performance Bond will not be required after acceptance
of a Maintenance Bond.
7.3.2. The Performance Bond shall be in the amount of
125% of the estimated costs. Cost shall be established by bid
estimates from contractors licensed in New Mexico and affirmed by the
Village Engineer and other appropriate professionals retained by the
Village for subdivision review.
7.3.3. A Maintenance Bond in the amount of fifteen
percent (15%) of the Performance Bond must be filed and continued for
two-year (2) test period of the subdivider provided improvements after
preliminary acceptance and until final acceptance by the Board of
Trustees.
Section 7.4 Installation of Improvements.
The subdivider may prepare and secure approval of the final plat and
then install improvements in the area covered by the final plat.
The improvements to be installed shall include the following:
7.4.1. Subdivision Control Monument. All
subdivision boundary corners, and the four corners of all street
intersections shall be marked with Subdivision Control Monuments.
Should conditions prohibit the placing of monuments on line, offset
markings will be permitted; provided, however, that offset courses and
distances are shown on the plat. A permanent benchmark shall be
accessibly placed within the subdivision, the elevation of which shall
be referred to the USGS datum and accurately noted on the subdivision
plat. At least two monuments shall be referenced to the New
Mexico State Plane Coordinate System.
7.4.2. Street Improvements. All streets shall
be graded and the roadway improved by adequate surfacing under the
supervision of the Village and subject to approval in accordance with
the Design Standards provided herein.
7.4.3. Water and Sewer Mains. The subdivider
shall make necessary arrangements to serve each lot from water and
sewer mains where feasible and in conformity with Village policy.
Where, for any reason, municipal services cannot be provided, the
subdivider shall present evidence that adequate water and sewer service
to each lot will be provided in compliance with the requirements of the
New Mexico Environment Department and in conformity to the standards
specifications of the Village. Construction of all water and
sewer lines shall be under the supervision and approval of the Village.
7.4.4. Drainage. Construction of drainage
improvements and other means of storm water management shall be under
the supervision of the Village.
7.4.5. Electricity, Gas Lines,
Telecommunications. Commitments may be requested from franchised
or private utility systems when such acceptance is deemed appropriate
by the Planning Commission.
ARTICLE 8. VARIANCES AND EXCEPTIONS
Section 8.1. Reasons for Variance or Exception
Whenever the tract to be subdivided is of such unusual size or shape or
is surrounded by such development or unusual physical conditions that
the strict application of this Ordinance would result in practical
difficulties and substantial hardships, the Planning Commission may
vary or modify the requirements so that the subdivided is allowed to
develop his property in a reasonable manner, but at the same time so
that the public welfare and interests of the Village are protected and
the general intent and spirit of this Ordinance are preserved.
Such relief may not be granted if it is detrimental to the public good
or impairs the intent and purpose of this Ordinance or the desirable
development of the community in accordance with plans and policies of
the Village Board of Trustees. A variance shall not be granted
that will cause the Village to absorb costs over and above those
typically associated with subdivision approval.
Section 8.2. Procedure for Requesting a Variance or
Exception
Written requests for a variance or exception must be submitted with the
preliminary plat application. The request must state the
circumstances in the subdivision or surrounding that would result in
practical difficulties and substantial hardships if this Ordinance were
strictly applied.
Section 8.3. Decision
Any modification granted by the Board of Trustees and the reasons
justifying the request shall be entered in writing in the Village
records. In granting modifications and exceptions, the Board of
Trustees may place conditions that will substantially secure the
objectives of the standards or requirements involved.
ARTICLE 9. VACATION OF PLATS
Section 9.1. Necessity
Nothing in this section requires that a vacation be undertaken if a
plat accomplishing the elimination of lot lines is duly approved.
A vacation is required when no replatting is undertaken but elimination
of lot lines, right-of-way or easement lines dividing a parcel is to be
accomplished.
Section 9.2. Application Procedure
Any plat filed in the Office of the Lincoln County Clerk and within the
planning and platting jurisdiction of the Village may be vacated
according to the following procedures:
9.2.1. The owner of land proposed to be vacated,
exclusive of public rights-of-way, shall sign a duly acknowledged
statement declaring the plat or portion of the plat is to be vacated
and shall apply to the Planning Commission for approval. Where a
public right-of-way is proposed to be vacated:
a. The Planning Commission, at the developer’s
expense, shall mail letters to franchised utilities and to the
owner(s) of record of all lots adjacent to the public right-of-way to
be vacated, informing them of the nature of the proposed vacation, and
notifying them of the date, time and place of the hearing. At
least 15 days shall be allowed for such comments before a decision is
reached.
b. If the public right-of-way proposed for vacation
is paved, or if the entire width of the right-of-way is proposed for
vacation, the applicant shall post and maintain one or more signs, as
provided and where instructed by the Planning Commission, at least
fifteen (15) days prior to the date of the hearing. The applicant
is responsible for removing such signs within five (5) days after the
hearing is completed. Failure to properly post signs is grounds
for deferral of the request. No one except the applicant, the
agent of the applicant, or the Village shall remove or tamper with any
such required sign during the period it is required to be maintained
under this paragraph.
c. In consideration the vacation of all or part of a
public right-of-way, the Planning Commission shall determine whether or
not the vacation will adversely affect the interests of persons owning
contiguous land or land within the subdivision being vacation.
9.2.2. Public Hearing. A decision of approval
and endorsement shall be made at a hearing by the Planning
Commission. Public notice in a newspaper of general circulation
in the Village shall be published at least fifteen (15) days before the
date of the hearing. The notice shall indicate: location of the
proposed vacation, where a map of the proposed vacation may be viewed,
and information on the hearing. If approved by the Planning
Commission, the statement of vacation is endorsed “Approved.”
Such endorsement shall be within ten (10) days of the conclusion of the
hearing. [NMSA 1978 3-20-12]
9.2.3. Recording. The vacation is in full force
and effect only after the approved statement declaring the vacation has
been recorded in the Office of the Lincoln County Clerk. The
Clerk shall be requested to mark the original plat with the words
“Vacated” or “Partially Vacated” and refer on the plat to the volume
and page on which the statement of vacation is recorded. The
applicant shall also provide a copy of the recorded statement of
vacation by the Lincoln County Clerk to the Village Clerk. [NMSA 1978
3-20-12]
ARTICLE 10. FEES
The Board of Trustees will periodically set and revise fees to cover
administrative expenses related to processing applications for
subdivisions, summary plats, variances, vacation of plats, and other
related actions.
ARTICLE 11. CONSTRUCTION OF REQUIREMENTS AND VIOLATIONS
Section 11.1. Building Permit
Any person seeking to construct a residential or commercial structure
within the Village Limits must obtain a building permit from the New
Mexico Construction Industries Division. Prior to obtaining a
building permit, construction plans must be presented for approval by
the Planning Commission, in conjunction with the Village
Government. The Planning Commission will determine whether the
plans meet the following criteria:
a. The proposed building location is a legal lot of
record.
b. The proposed building location is not in the flood
plain.
c. The plans are consistent with Village Ordinances
and Regulations.
d. The plans are consistent with the subdivision’s
covenants.
e. Any additional buildings constructed on site after
the initial installation will require a building permit if they exceed
10’ X 10’ building and anything larger will require a building permit.
Section 11.2. Violations
Construction that violates any provision of this Ordinance is strictly
prohibited and no building permit shall be authorized, except in those
cases where modifications or exceptions have been granted by the
Planning Commission prior to start of construction. Violations
without authorization by the Planning Commission shall bring cause for
legal action by the Village to have the construction violation stopped,
corrected, and/or removed, and a penalty assessed.
ARTICLE 12. PENALTIES
Section 12.1. Transferring Lots in Unapproved Subdivisions
Any owner, or agent of the owner, of any land located within the
planning and platting jurisdiction of the Village who leases,
transfers, sells, agrees to sell, or negotiates to sell and by
reference to a plat of such land before being duly approved by the
Board of Trustees and duly recorded in the Office of the Lincoln County
Clerk, shall upon conviction be subject to a fine of one hundred
dollars ($100) per offense. Each and every lot or portion thereof
so leased, transferred, sold or agreed or negotiated to be sold shall
be treated as a separate offense. [NMSA 1978 3-20-14 (1966].
Section 12.2 Improper Recording
Any person who records with the Lincoln County Clerk any plat in
violation of this Ordinance shall upon conviction be subject to a fine
not exceeding three hundred dollars ($300) or by imprisonment for not
more than 90 days, or by both such fine and imprisonment.
Section 12.3. Legal Expenses
All legal fees and costs incurred by the Village in prosecuting
violations of this Ordinance shall be paid by the violator.
ARTICLE 13. APPEALS
Any person aggrieved with any determination of the Planning Commission
acting under this Ordinance may file an appeal to the Village Board of
Trustees by submitting written application within fifteen (15) days of
the Planning Commission’s decision. Such appeal, if heard, shall
be heard within sixty (60) days of its filing. The Board of
Trustees may overrule or modify any ruling of the Planning Commission
and make such findings as are not inconsistent with the provisions of
this Ordinance. Appeals shall be filed with the Village Clerk.
ARTICLE 14. ADMINISTRATION AND AMENDMENTS
The Village Board of Trustees may, from time to time, amend or modify
this Ordinance after public hearing, due notice of which shall be given
as required by law.
ARTICLE 15. EFFECTIVE DATE
This Ordinance shall become effective on the __________ day of
__________________,
2____.
APPENDIX A. DESIGN STANDARDS
A1. Roads
A1.1 General
The arrangement, character, extent, width, grade and location of all
streets shall conform to topographical conditions, public convenience
and safety, and appropriate relationship to the parcels to be served by
such streets.
A1.2. Street Layout
1. Street layouts shall be made according to sound
land planning practice for the type of land planning proposed.
2. The proposed layout shall be coordinated with
existing municipal and county roads and streets. All streets must
provide for the continuation of appropriate projections of principal
streets and provide for reasonable means of ingress and egress to
surrounding tracts.
3. Where land is subdivided into large tracts and
where the potential for future subdivision exists, such tracts shall be
arranged to allow for future streets and a logical subdivision pattern
on adjacent tracts.
A.1.3. Half Streets Prohibited
The dedication of half streets at the perimeter of a
new subdivision is prohibited.
A.1.4. Access to U.S. and State Highways
Where a proposed subdivision abuts a U.S. or State Highway, residential
lots shall not front on the highway. The subdivision shall be
laid out to minimize direct access to the highway, with a minimum
number of intersections. The subdivider must submit written
evidence with the preliminary and final plat that access points and
provisions for traffic visibility and stopping distances at
intersections are satisfactory to the New Mexico State Highway and
Transportation Department and meet the Department’s Regulations for
Driveways and Median Openings on Non-Access Controlled Highways,
requirements for Traffic Impact Studies and other requirements of the
Department.
A.1.5. Access to Public Land
Any subdivision abutting land owned by any Local,
State or Federal Agency shall provide access to
these lands. The subdivider shall submit written evidence that
the street layout and access
provided are acceptable to the public agency.
A1.6. Street Design Standards
1. All streets shall be laid out to minimize cut and
fill and conform to the site topography.
2. Grades approaching street intersections shall not
exceed five (5) percent for a distance of not less than one hundred
(100) feet on each side of the intersection.
3. Minimum standards for right-of-way, pavement and
sidewalks are shown in the following table.
Street Type
Right-of-Way Width
(ft.)
Pavement Width (ft.) Sidewalk Width (ft.)
Local
Street
50’
34’
4’
Collector
80’
44’
4’
4. Street intersections shall be laid out as closely
as possible to right angles, with no intersections allowed to be less
than seventy (70) degrees.
5. Intersections of opposing streets must be a
minimum of 125 feet apart, as measured from the centerline of each
street.
6. Alleys provided at the rear of lots must be a
minimum of twenty (20) feet in width. No dead end alleys are
permitted.
7. Cul-de-sacs
a. The maximum length of a cul-de-sac is 500 feet.
b. The cul-de-sac streets must have a turnaround at
the closed end with a radius of at least 100 feet measured from the
outside edges of the outside driving land and a right-of-way diameter
of 120 feet.
c. Cul-de-sacs are not desirable should be avoided
wherever possible. When necessary, they shall be clearly marked
as a “Dead End Street.”
d. Streets that are to continue in a future phase
shall be paved with a temporary cul-de-sac composed of a two (2) inch
asphalt surface. Temporary curbing may be waived if the drainage
report does not call for curbing to control storm water runoff.
8. Vertical and horizontal curves and super-elevation
of the horizontal curves shall conform to the requirements of the
American Association of State Highway Transportation Officials’
(AASHTO) “Policy on the Geometric Design of Rural Highways.”
9. Storm Drainage
a. Standard curb and gutter shall be required as a
function of drainage and traffic control on all new streets.
b. Adequate provision shall be made for drainage of
stormwater. The drainage system shall be constructed in
accordance with the drainage plan and/or report, and shall be designed
so that existing drainage and water within the subdivision will be
removed without causing damage or harm to private or public property.
c. Drainage structures are required at all points of
stormwater concentration, and in the case of side hill construction,
spaced to drain the excavated roadside ditch and prevent stormwater
from flowing over the roadway. Drainage structures shall not
direct flows onto adjacent private or public property. All flows
must be contained within the right-of-way or discharged into a drainage
facility sufficient to handle the flow, consistent with the
subdivider’s drainage plan.
d. Drainage structures shall comply with AASHTO
guidelines and be installed in accordance with New Mexico State Highway
Department Standard Specifications using minimum bedding condition C
and shall be backfilled in accordance with those standards using select
friable material.
e. Drainage culverts shall comply with the following
specifications: culverts shall be at least eighteen (18) inches
in diameter or have an opening of 250 square inches. If specified
by the Village Engineer, a diameter of twenty-four (24) inches or
an opening of at least 432 square inches shall be required. All
culverts shall be at least twelve (12) feet wide. The owner of
the property shall be responsible for keeping the culvert clean to
allow the free passage of water.
A1.7. Subdivision Layout
1. Blocks
a. Blocks shall be between 400 and 1,500 feet in
length. The width of the block shall be sufficient to provide
from two (2) rows of lots, except that a block may be one lot in depth
where a single tier of lots is required to separate residential
development from a major street or highway or a non-residential use.
2. Lots
a. Shapes of lots shall be governed by topographic
conditions, use and surrounding or adjacent parcels.
b. Every lot shall have ingress and egress to a
public street and shall be permanently marked with metal stakes at each
corner of the lot and an identifying metal stake at one corner.
c. Double frontage lots should be avoided, except as
described in A1.7.1. above.
d. Lots adjacent to highways should have adequate
depth to buffer the uses on these lots from the noise associated with
traffic on the highway. At a minimum, a buffer of fifty (50) feet
is required, and the plat should note that the building of residential
structures within the buffer area is prohibited.
A.2. Water System
1. The subdivider shall connect to the Village of
Capitan water system unless an alternative water source is approved by
the Board of Trustees. The water system shall be accessible to
each lot in the subdivision, and the subdivider shall install water
taps for each lot. The subdivider shall install meter cans with
lids, and meter cans shall be eighteen (18) inches in diameter and
thirty (30) inches deep.
2. All water lines shall be designed to carry
adequate flows for fire fighting as specified by the Village Engineer.
3. All lines shall be planned and installed as looped
lines if possible. The minimum line size for looped lines shall
be six (6) inches, and for non-looped lines the minimum line size shall
be eight (8) inches.
4. Lines that will continue to a future phase or
adjacent properties shall be designed with capacity for future
expansion, as recommended by the Village Engineer.
5. All subdivisions shall have fire hydrants
installed when water lines are extended. Installation of fire
hydrants shall conform to Insurance Services Office (ISO) guidelines
and good engineering practice. All fire hydrants shall provide
proper fire flow.
6. Fire hydrants shall be located within public
right-of-way and spaced at a maximum distance of four hundred (400)
feet.
7. Individual shut-off valves shall be placed between
the fire hydrants and the main water line.
8. Water lines shall be installed at a minimum depth
of thirty-six (36) inches from the top of the pipe, with a minimum of
six inches of bedding material screened to contain no material larger
than ¼ inch in diameter above and below the pipe.
9. An inspection by the Village Water Superintendent
shall be made prior to any backfilling over new water lines.
Inspections may be made at other times during construction at the
discretion of the Village Water Superintendent.
A.3. Wastewater System
1. If the subdivision is to be connected to the Village
wastewater system, the subdivider shall provide an adequate collection
system to serve every lot in the subdivision.
2. All lines shall be designed to carry
anticipated flows. The minimum size shall be eight (8) inches and
the minimum flow velocity shall be two (2) feet per
second.
3. Lines that will continue to a future phase
or to adjacent properties shall have additional capacity to serve the
future expansion, as recommended by the
Village Engineer.
A.4. Storm Drainage
1. Storm drainage facilities shall be provided
as documented in the drainage report approved at the time of
preliminary plat approval.
2. Storm drainage facilities shall be designed
to contain a flood with a frequency of one in every fifty (50) years
and will protect private and public properties
from adverse impacts of a one hundred (100)
year, six (6) hour storm and any smaller storms.
3. Proposed subdivisions that involve the construction, grading,
filling, or borrowing within areas of Special Flood Hazard are strictly
prohibited unless the drainage report demonstrates that such activities
will not expose public or private property to increased depth,
velocity, or frequency of flooding, both in and around the proposed
subdivision.
4. No development shall be approved in floodways.
A.5. Acceptance of Improvements
1. All roads, water lines, sewer lines and
drainage structures shown on the final plat and intended for public use
shall be dedicated to the Village for public use.
2. Preliminary Acceptance of Public
Improvements.
Preliminary Acceptance is formal approval of the dedicated public
improvements after official inspections and written reports for such
improvement by the Village Engineer and/or the Village Water
Superintendent, as appropriate. Such inspections and reports
shall verify and certify that the dedicated improvements have been
constructed according to an meet the design standards of this Ordinance.
3. Final Acceptance of Public Improvements.
No subdivision improvements shall be accepted until the design
standards are met by the subdivider. The subdivider shall
maintain the improvements accepted under the preliminary conditions
above in good repair for a period of twelve months from the date of the
preliminary acceptance by the Village. Ninety days prior to the
end of the twelve month period, the improvements shall be inspected by
the Village Engineer and the Village Water Superintendent and at least
one member of the Board of Trustees. The inspection team
shall submit a final written report to the Board of Trustees
documenting the condition of improvements and that they are maintained
and in good repair. If the improvements have not been maintained,
the Council shall notify the subdivider in writing, and the subdivider
shall bring the improvements to the standards of this Ordinance.
Once the improvements are deemed to be acceptable by the inspection
team, the Village will notify the subdivider in writing of final
acceptance.
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