[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms 7-15-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Sec. 9-2.
Sewers — See Sec. 9-3.
Zoning — See Sec. 10-1.
Address regulations — See Sec. 10-3.
Annexations — See Sec. 10-4.
Flood damage prevention — See Sec. 11-1.
This Section 10-2 shall be known as the "Land Subdivision Ordinance
of the Village of Bosque Farms, New Mexico," and shall be referred
to herein as "this Section 10-2." The Village of Bosque Farms shall
hereinafter be called "the Village."
The regulations and restrictions of this Section 10-2 are intended
to create orderly, harmonious and economically sound development of
land in order to establish conditions favorable to the public health,
safety, convenience and general welfare of the Village and its area
of jurisdiction. More specifically, this Section 10-2 is designed
to achieve adequate provision for light and air, public open spaces,
adequate water supply, drainage, and sanitation, including sewer facilities;
economy in governmental expenditures and efficiency in governmental
operations; safe, convenient circulation of people, goods, and vehicles;
accurate and complete surveying, and preparation and recording of
plats thereof; safety and suitability of land for contemplated development;
and coordination of land development in accordance with orderly physical
patterns as stated in the Village Master Plan, which is hereby incorporated
herein and adopted in this Section 10-2 and other ordinances and codes
in furtherance of such plans and policies as may have been or may
be hereafter adopted by the Village.
This Section 10-2 shall govern the subdivision of land within
the area of planning and platting jurisdiction as defined in NMSA
1978, § 3-19-5 and as may be further defined by joint powers
agreement with any other municipality whose planning and platting
jurisdiction overlaps with the planning and platting jurisdiction
of the Village.
This Section 10-2 is held to be the minimum requirement to carry
out the purpose stated herein and is not intended to interfere with
any other laws, covenants, or ordinances. Whenever any of the provisions
of this Section 10-2 are more or less restrictive than other laws,
covenants, or ordinances, then whichever is more restrictive shall
govern.
A.
For the
purpose of this Section 10-2, standard dictionary definitions shall
be used, except for certain words or phrases used herein which shall
be interpreted as follows:
(1)
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
(2)
The present tense includes the future tense, the singular number
includes the plural, and the plural number includes the singular.
(3)
The words "shall" and "must" are mandatory and the word "may" is
permissive.
B.
AGENT
ALLEY
APRON
BARROW DITCH
BLOCK
COMMISSION
COMPREHENSIVE AREA PLAN
CONTIGUOUS
COUNTY
COVENANT
CUL-DE-SAC
DEVELOPMENT REVIEW PERMIT
EASEMENT
(1)
(2)
FUTURE STREET LINE
FRONTAGE
GOVERNING BODY
LOT
(1)
(2)
(3)
(4)
MASTER PLAN
MINIMUM LOT SIZE
PARCEL
PEDESTRIAN
PHASED DEVELOPMENT
PLAT
PUBLIC FACILITIES
PUBLIC RIGHT-OF-WAY
REPLAT
STREET
(1)
(2)
(3)
SUBDIVIDER
SUBDIVISION; SUBDIVIDE
(1)
(2)
(3)
(a)
(b)
(c)
(d)
SUBDIVISION, LAND-SPLIT
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
TRAFFIC STUDY
VACATION OF PLAT
VARIANCE
VEHICLE
VILLAGE ENGINEER
As used in this Section 10-2, the following terms shall have the
meanings indicated:
Anyone authorized by notarized letter and signed by the property
owner to represent same.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of properties otherwise abutting
on a street.
That portion of a street or driveway that is required to
be paved for a smooth transition to another paved roadway.
A ditch parallel to the driving surface to convey rainwater
runoff from the right-of-way.
The distance measured along a street between intersecting
streets from center line to center line; and where the context requires,
such term also means the enclosed area within the perimeter of the
street or property lines enclosing it.
The Village of Bosque Farms Planning and Zoning Commission.
A plan for future development of the total area owned or
controlled by a subdivider, and which includes the land proposed for
immediate subdivision.
Touching or separated by nothing more than a ditch, canal,
or public right-of-way.
Valencia County, New Mexico.
An express agreement or promise between two or more people
to do or not to do a certain thing. As used in this Section 10-2,
it refers to a written, legally binding agreement between two or more
property owners to do or not to do certain constructions on the land
or to pursue or not pursue certain activities on the land or to use
or not to use the land in any specific or general manner.
A short, dead-end street intersecting another street at one
end and permanently terminating at the other end, normally with a
vehicular turnaround.
A permit required by Section 10-1, Zoning, of the Village Code (§ 10-1-18), and issued in conjunction with the Valencia County building permit application process.
An acquired or granted right of use which one person may
have in the land of another. Easements are further classified as follows:
UTILITY EASEMENTSRights granted to public utilities for ingress and egress to serve water, sewer, telephone, cable, gas and electric lines.
ACCESS EASEMENTSThe rights granted by a landowner for ingress and egress to and from property by either purchase, deed or adverse possession or any other legal means. Any portion thereof devoted to vehicular use shall be no less than 20 feet in width.
A line, established by the governing body, for the purpose
of delineating the future boundaries of a public right-of-way to be
used for street purposes.
The length of the front of a building or piece of land next
to a street.
The Village governing body.
A tract, plot, or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership for building development.
LOT SIZEThe total square footage of the lot as described by the platted lot lines.
LOT WIDTHThe dimension between side property lines measured parallel to the street right-of-way line or tangent line. In the case of irregularly shaped lots, the mean width shall be taken.
CORNER LOTA lot bordering on two or more streets at their intersection.
DOUBLE-FRONTAGE LOTAny lot which abuts two parallel or approximately parallel streets.
A plan or any of its parts currently adopted and/or changed,
modified or amended by the governing body for the physical development
of the area within the planning and platting jurisdiction of the Village
for the general purpose of guiding and accomplishing coordinated and
harmonious development.
The smallest allowable lot size in accordance with the provisions
of Section 10-1, Zoning, of the Village Code.
A unit of land capable of being described by location and
boundaries and not dedicated for public or common use.
Any human being afoot or in a wheelchair or similar device.
A subdivision that is implemented in sections or phases.
A map, chart, survey, plan or replat certified by a licensed,
registered land surveyor, the intent of which is to describe a lot
or subdivision and contains a description of the subdivided land with
ties to permanent monuments.
Structures or uses of land which serve the general public,
including municipal and private utilities.
That public area of land deeded, dedicated by plat, or otherwise
acquired by any unit of government and owned in fee for the purposes
of movement of vehicles, pedestrian traffic, and/or for conveyance
of public utility services and drainage.
To prepare and record a new plat, replacing all or a portion
of a previously recorded plat that has been vacated.
That portion of a public right-of-way or a private roadway
which is primarily devoted to vehicular use. A street normally provides
primary access to abutting property. Streets are further classified
as follows:
ARTERIAL STREETSMajor streets or thoroughfares that carry or will carry a considerable amount of traffic of more than one neighborhood character and which also serve abutting properties.
COLLECTOR STREETSStreets that serve as a connection between a major or secondary thoroughfare and several minor streets. The term includes the principal entrance street of a residential development and streets for major circulation within such a development.
LOCAL STREETSStreets of relatively short length that provide direct access to a limited number of abutting residential properties and are designed to discourage their use by through traffic.
Any person, individual, firm, partnership, association, corporation,
estate, trust or any other group or combination acting as a unit,
dividing or proposing to divide land so as to constitute a subdivision
as defined herein, and includes any agent of the subdivider.
For the area of land within the boundaries of the Village, the
division of land into two or more parts by platting or by metes-and-bounds
description into tracts for the purpose of sale, lease or development.
For the area of land within the Village's extraterritorial subdivision
and platting jurisdiction, the division of land into two or more parts
by platting or by metes-and-bounds description into tracts of fewer
than five acres in any one calendar year for the purpose of sale,
lease or development.
Subdivision does not include the following:
Any residual land retained by the subdivider after subdivision
but which has not been divided for subdivision purposes.
The sale or lease of offices, stores or similar space within
a building.
Any division of land in which only gas, oil, mineral or water
rights are severed from the surface ownership of the land.
Any division of land created by court order, except court orders
involving land grant adjudications.
A type of minor subdivision containing two lots.
A subdivision containing five or more lots or a subdivision
containing not more than four lots, one or more of which do not front
on an existing street and involving new streets or the creation of
public improvements.[1]
A subdivision containing not more than four lots fronting
on an existing street, not involving any new streets or the creation
of any public improvements, and not in conflict with any provision
of this Section 10-2, or the Master Plan or Section 10-1, Zoning,
of the Village. A minor subdivision may include the replat of all
or a portion of an existing subdivision plat wherein the number of
lots is not increased and no changes are made to a public right-of-way.
A study prepared by a New Mexico certified and licensed engineer
to determine the impact of a proposed development on the existing
roads and highways and recommends methods for mitigating the impacts.
To remove or delete all or part of a recorded subdivision
plat, including legal dedications and grants of easements.
A modification or waiver of the regular subdivision design
standards.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a roadway or street.
The licensed engineer or engineering firm currently under
contract by the Village to provide consultation on matters requiring
such expertise.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
Required plat. Every person who desires to subdivide land into two
or more lots or replat any parcel of land in accordance with this
Section 10-2 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 Section 10-2. No such
subdivision lot shall be smaller than the minimum lot size allowed
by Section 10-2, Zoning, of the Village Code. Upon request, the Village
Planning and Zoning Administrator/Officer shall furnish the subdivider
with basic information on the requirements.
B.
Subdivision within Village corporate limits. Any proposed subdivision,
replat or vacation of plat occurring within the corporate limits of
the Village shall conform to the requirements of this Section 10-2,
and shall be submitted for review and approval by the governing body
following recommendation by the Commission prior to filing with the
County Clerk, before beginning improvement activities or negotiating
the sale or lease of any lot within the proposed subdivision.
C.
Subdivision outside Village corporate limits. Any proposed subdivision
occurring outside the corporate limits but within the planning and
platting jurisdiction of the Village shall conform to the requirements
of this Section 10-2 and as supplemented by the provisions of the
County Land Subdivision Regulations, and shall be submitted for concurrent
review and approval by the governing body, following recommendation
by the Commission, and the Board of County Commissioners prior to
filing with the County Clerk, before beginning improvement activities
or negotiating the sale or lease of any lot within the proposed subdivision.
D.
Appropriateness. Within the jurisdiction of the Village, land may
be subdivided only in accordance with procedures established by this
Section 10-2. The subdivision shall be approved when it is determined
that the land to be subdivided is suitable for the purposes proposed,
that the subdivision complies with this Section 10-2, and that the
subdivision is not contrary to the best interest of the public health,
safety, and general welfare.
E.
Acceptance of public lands. Approval of a subdivision shall not constitute
acceptance by the Village of public rights-of-way, easements, or other
public lands shown on the subdivision plat. The dedication of land
for public use of any nature within the planning and platting jurisdiction
of the Village shall be accepted by the Village only after approval
by the governing body.
F.
Platting considerations. In order to provide guidance to subdividers
concerning acceptable proposed plats, the following considerations
are fundamental:
(1)
The availability of adequate streets, fire protection, police protection,
refuse service, public schools, parks and recreation facilities, and
utility services shall all be considered in all land subdivisions;
(2)
The subdivider shall preserve major trees, scenic points, historic
places and other community landmarks wherever feasible or required;
(3)
If the subdivider owns or controls land abutting the land he wishes
to subdivide immediately, or if the subdivider expresses an intention
to subdivide in a phased or incremental manner, the subdivider may
be required to submit a proposed comprehensive area plan for the total
area to be approved or approved in modified form prior to approval
of the preliminary plat. Any plat submitted shall be a reasonable
planning unit in relation to the approved comprehensive area plan.
The proposed area plan shall show proposed uses, types, and densities
of development as well as proposed arterial, collector, and local
street alignments;
(4)
No subdivider shall proceed with any grading and/or dirt work specifically
in relation to a proposed subdivision before approval has been given
for the preliminary plat. Such grading shall be consistent with the
recommendations of an approved drainage plan, if any have been required
pursuant to this Section 10-2;
(5)
In order to ensure reasonable circulation and access for neighborhoods,
local residential streets shall connect with surrounding streets where
necessary to permit the convenient movement of traffic between residential
neighborhoods or to facilitate access to neighborhoods by emergency
service vehicles or for other sufficient reasons. Connections shall
not be permitted where the effect would be to encourage the use of
such streets by substantial through traffic unless secondary or additional
access routes are provided; and
(6)
Given that agriculture and the raising of livestock is a permissive
use in every residential zone in the Village, each subdivider must
make every effort to ensure that the proposed subdivision is compatible
with such uses on surrounding properties and that the subdivision
shall not interfere with such uses in any way. (NMSA 1978, §§ 47-9-1
through 47-9-7, the Right to Farm Act)
A.
Preapplication conference. Prior to submission of a plat, the subdivider
shall discuss with the Planning and Zoning Administrator/Officer the
procedure and requirements for plat approval. The Planning and Zoning
Administrator/Officer, assisted by the Village Engineer if needed,
shall provide guidance to the subdivider as to the appropriateness
of the proposal in relation to the Master Plan of the Village, any
applicable county plans, and zoning. The purpose of the preapplication
conference is to allow the subdivider to become familiar with the
procedures and requirements of this Section 10-2 and applicable ordinances,
and to grant the Planning and Zoning Administrator/Officer a preview
of the proposed subdivision in its conceptual stages.
B.
Advice to subdivider. The Planning and Zoning Administrator/Officer
or other Village employees may assist the subdivider in analyzing
the development and plan for its integration with the community, and
may give informal guidance to the development at a stage when potential
points of difference can be resolved to simplify official actions
and save unnecessary expense and delay to the subdivider.
C.
Review procedures. Previous to the filing of an application for approval
of the preliminary plat, the subdivider shall submit to the Planning
and Zoning Administrator/Officer a sketch plan and data as specified
herein. This step does not require formal application, payment of
fee, or filing of a plat. The Planning and Zoning Administrator/Officer,
within 30 days after sketch plan submittal, shall inform the subdivider
whether the sketch plan and data meet the general intent of this Section
10-2. If the sketch plan and data do not meet the general intent,
the Planning and Zoning Administrator/Officer shall express the reasons
therefor and provide general advice to the subdivider to assist in
bringing the proposed plan into conformance.
(This section applies to major and minor subdivisions, land-splits,
replats and vacations.)
A.
Location map. A location map shall show the relationship of the proposed
plat to existing public facilities which serve it; all abutting streets,
nearby commercial areas, schools and parks; and scale, North arrow
and date.
B.
Sketch plan. A sketch plan shall show the proposed layout of streets,
lots, and other features in relation to existing conditions. The sketch
plan may be a freehand pencil sketch made directly on a current plat
map, such as that from the County Assessor's office or from the
Middle Rio Grande Conservancy District.
C.
Written information.
(1)
Preapplication information shall include the name and address of
the subdivider and his agent, if any, the total area of the proposed
plat, the area of each proposed use, and a description of the existing
conditions of the site and the proposed development as necessary to
supplement the sketch plan. This information shall include data on
existing and proposed covenants and land characteristics, including
surface drainage, grading, landfill areas, and available private and
public utilities.
(2)
For commercial subdivisions, the plan shall also include data on
access for fire and emergency response, landscaping, parking, setbacks,
driveways, building footprints and topography. This information shall
also describe the subdivision proposal, such as the number and typical
lot width and depth of residential lots, business areas, public areas,
and proposed utilities.
A.
Application. Upon completion of the preapplication review, the subdivider
shall prepare a written application on prescribed forms, together
with seven copies of the preliminary application package, which shall
be delivered to the Village office at least 60 days prior to the regular
meeting of the governing body, at which time the plat is to be formally
submitted for review. The plat shall contain the name and address
of the person to whom a notice of hearing shall be sent. Supplementary
material shall be submitted according to the following specifications
in this Section 10-2.
B.
Annexation and/or zone change. If annexation and/or a zone change
is proposed or required to accomplish the proposed development in
connection with the plat, the plat shall not be approved until such
time as the annexation and/or zone change is officially adopted by
the governing body.
C.
Traffic study for major subdivision.
(1)
A traffic study shall be required for all subdivisions containing 20 or more parcels. See § 10-2-17 for procedure.
(2)
The governing body shall consider the traffic study and the
impact of the traffic on the surrounding community and the Village
before approving any major subdivision. The governing body may refuse
to permit any major subdivision if it determines that the benefits
of the subdivision are outweighed by the impact of the traffic on
the surrounding community, its streets or the Village itself.
D.
Review by the Commission. Following delivery of a complete preliminary
plat application package, the Commission shall, at a public hearing,
review the preliminary plat and supplementary material prepared as
required by this Section 10-2.
(1)
Notice.
(a)
The Planning and Zoning Administrator/Officer shall send notice
of the time and place of the hearing on a plat by mail to the address
on the plat and all property owners with property abutting the proposed
subdivision within 100 feet, excluding public rights-of-way, which
are located within Bosque Farms Village limits, not less than 15 days
before the date of the hearing.
(b)
The Planning and Zoning Administrator/Officer shall also give
public notice of the preliminary plat application in a newspaper of
general circulation in the Village at least 15 days prior to the date
of the hearing. The notice shall indicate the location of the proposed
subdivision and where the preliminary plat is available for viewing,
where interested persons may examine the preliminary plat and file
comments.
(2)
Public hearing.
(a)
At the public hearing, interested persons shall be allowed to
address the Commission. The Commission shall then provide to the governing
body a written report of its findings, together with a recommendation
that the preliminary plat be approved, conditionally approved, stating
conditions, or disapproved. A recommendation to disapprove shall state
the specific reason(s) for the disapproval and shall refer to the
ordinance, section or policy where the preliminary plat is deficient.
In preparing its report of findings, the Commission shall consult
with any appropriate persons or agencies concerned with the proposed
subdivision. Any comments or findings of any reviewing agency shall
be entered upon the records of the Commission.
(b)
If the Village Engineer or any agency other the Village staff
should be required to review the submitted materials, the time period
within which the Commission must act may require reasonable extension.
An extension of time may also be granted by the governing body prior
to final action upon written request by the subdivider.
E.
Public hearing by the governing body. Upon receipt of a formal submittal
of a preliminary plat, the governing body shall call for a public
hearing to be held within 35 days in order to act on the plat. An
extension of time may be granted by the governing body prior to final
action upon written request by the subdivider. No plat shall be acted
upon without a public hearing.
F.
Decision. If the preliminary plat is approved, the governing body
shall express its approval and state the conditions of such approval,
if any. If the plat is disapproved, the governing body shall express
its disapproval and its reasons therefor. The action of the governing
body shall be noted on two copies of the preliminary plat, with all
necessary conditions and supplemental information attached and referenced.
One copy shall be returned to the subdivider and the other retained
by the Village.
G.
For major subdivision actions, approval of a preliminary plat shall
not constitute approval of the final plat. Rather, it shall be deemed
an expression of approval to the layout submitted on the preliminary
plat as a guide to the preparation of the final plat. The subdivider
shall be notified in writing, within five days following the public
hearing, of the action taken by the governing body and the reasons
therefor.
H.
Duration of preliminary plat approval. Approval of a preliminary
plat is effective for one year, at which time the approval of the
preliminary plat is rescinded and deemed null and void, unless extended
by the governing body, based on a finding that the delay has been
unavoidable and that extension is in the public interest.
The preliminary plat shall be drawn to a scale of no less than
one inch to 200 feet for the purpose of showing all details clearly.
An adequate number of sheets, no larger than 24 inches by 36 inches,
shall be used to show the proposed subdivision in its entirety. Where
more than one sheet is required, each sheet shall be numbered in relation
to the total number of sheets involved, and each sheet shall have
a small key map showing its relationship to the whole.
(This section applies to major subdivisions.)
A.
Application. Application for approval of the final plat shall be
transmitted on prescribed forms to the Village Office at least 30
days prior to the hearing at which it is to be formally submitted.
Such application shall include an original and seven copies of the
final plat and other required exhibits. Submittal to the governing
body must be within one year following approval of the preliminary
plat; otherwise, such approval shall become null and void unless an
extension of time has been granted by the governing body. The final
plat shall conform substantially to the preliminary plat as approved.
B.
Review.
(1)
The governing body shall review the final plat and other exhibits
submitted at a public hearing for conformity to this Section 10-2
and shall ensure that the conditions of the preliminary plat, as approved,
have been met. The final plat may constitute all or a portion of the
approved preliminary plat the subdivider desires to record and develop
at the time; provided, however, that any such portion shall be subject
to the full application and review process and all other requirements
in accordance with this Section 10-2.
(2)
The Planning and Zoning Administrator/Officer shall send notice
of the time and place of the hearing on the plat by mail to the address
on the plat not less than 15 days before the date of the hearing.
(3)
The Planning and Zoning Administrator/Officer shall also give
public notice of the final plat application in a newspaper of general
circulation in the Village at least 15 days prior to the date of the
hearing. The notice shall indicate the location of the proposed subdivision
and where the final plat is available for viewing, where interested
persons may examine the final plat and file comments.
C.
Dedication of land for a major subdivision, if applicable. The final
plat shall not be sent to the County Clerk for filing until any dedication
of land for public use, in accordance with this Section 10-2, has
been formally accepted by resolution of the governing body. The procedure
for such dedications shall be as follows:[1]
(1)
All lands dedicated for public use shall be inspected to ascertain
compliance with this Section 10-2. Such inspection shall be performed
and documented by a qualified and certified engineer at the expense
of the subdivider prior to the submittal of the final plat. All new
streets must, upon inspection, be constructed as required by this
Section 10-2. The final plat shall not be acted upon without such
inspection.
(2)
Acceptance of land dedicated for public use shall be made by
resolution of the governing body within 35 days of the date of final
plat submission. A copy of the resolution shall be sent to the subdivider
for inclusion with the final plat.
(3)
Those lands which are accepted by the governing body for dedication
to the public shall become the responsibility of the Village for maintenance
and future improvements.
(4)
Any lands offered for dedication but not accepted by the governing
body shall be specifically identified on the plat or deed.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
D.
Decision. If the final plat is in substantial conformance with the
preliminary plat and complies with this Section 10-2, it shall be
approved by the governing body. Approval or disapproval shall be given
within 35 days of the date of the final plat submission, unless the
subdivider agrees in writing to a deferral. The governing body's
decision shall be recorded on the original drawing of the final plat
and on two copies thereof and shall be dated and verified by the signature
of the Mayor. Should the final plat be disapproved, the governing
body shall express in writing the reasons for disapproval and attach
to two copies of the final plat. One of said copies shall be returned
to the subdivider and the other shall become a part of the files of
the Village Clerk/Administrator or his/her designee.
E.
Dedication of water rights. An applicant for subdivision approval
within the Village corporate limits shall agree that if the Village
approves the subdivision, in consideration of that approval, the applicant
will make water rights available to the Village in an amount determined
by the Village as necessary to serve the subdivision with water available
to the Village. The necessary water rights shall be estimated on a
formula of 0.4 acre foot of consumptive use water rights per subdivided
lot.
(1)
The
applicant shall make these water rights available to the Village in
one of the following forms:
(a)
By dedicating water rights to the Village, meeting legal requirements
to enable the Village to serve the proposed subdivision with water.
(b)
By obtaining, by other means, the dedication of the necessary water
rights meeting legal requirements to enable the Village to serve the
proposed subdivision with water.
(2)
If rights are to be dedicated, the applicant shall demonstrate
ownership of those water rights prior to approval of the subdivision.
F.
Recording. The final plat shall be in effect only after having been
duly recorded in the office of the County Clerk and copies filed with
the Village Clerk/Administrator or his/her designee. Approval of the
final plat shall become null and void if the plat is not so recorded
within six months after the date of approval. Submittal for recording
is the subdivider's responsibility. In the case of a replat,
the subdivider shall request the County Clerk to mark the original
plat with the words "replatted" or "partially replatted" and refer
on the original plat to the filed location of the replat. The Village
Clerk/Administrator or his/her designee shall mark the copies of the
original plat on file in the offices of the Village in a similar manner.
No development review permits shall be issued until copies of the
recording of the final plat have been placed on file with the Village
and the county.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
G.
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, showing
such proposed change, or changes, with the Commission and securing
its approval in accordance with the procedures herein established.
A.
Final plat. The subdivider shall submit the original and two copies
of the final plat to the governing body for approval in accordance
with the following provisions.
B.
Size, scale, material. The final plat shall be drawn, scribed or
photoreproduced in black ink on tracing cloth or stable-base polyester
material, on sheets no larger than 24 inches by 36 inches, and shall
be at a scale of one inch to 200 feet. Enough sheets shall be used
to show the subdivision in its entirety, with each sheet numbered
in relation to the total number of sheets involved, and each shall
have a small key map showing its relationship to the whole.
A.
Process. A replat, as defined by this Section 10-2, may be approved
by the Commission in a two-step process of preapplication conference
and submission of a final plat.
B.
Qualifications. In order to qualify for approval as a replat, the
following conditions must exist:
(1)
The replat shall not increase the total number of previously
existing lots.
(2)
No new public right-of-way shall be created and no existing
public right-of-way shall be changed.
(3)
The replat will not create a need for any additional public
facilities which currently exist to serve the area of the subdivision.
C.
Application, review, decision and recording procedures shall conform to §§ 10-2-10A, B, D, E and F, 10-2-11 and 10-2-22.
D.
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, showing
such proposed change, or changes, with the Commission and securing
its approval in accordance with the procedures herein established.
A.
Process. A land-split, as defined by this Section 10-2, may be approved
by the governing body following recommendation by the Commission in
a two-step process of preapplication conference and submission of
a final plat.
B.
Qualifications. In order to qualify for approval as a land-split,
the following conditions must exist:
(1)
The land-split subdivision shall divide the tract into two lots.
These two lots or any part thereof shall not be further divided as
a land-split subdivision.
(3)
Adequate ingress and egress to and from both lots must be provided
by the subdivider by either a public dedicated roadway or a private
roadway easement of at least 40 feet in width.
(4)
The Village shall not be responsible for any private roadway
easements developed in a land-split subdivision.
(6)
The subdivision shall not be in conflict with any provision
of this Section 10-2, the Master Plan, or Section 10-1, Zoning, of
the Village.
A.
Process. A minor subdivision, as defined by this Section 10-2, may
be approved by the governing body following recommendation by the
Commission in a two-step process of preapplication conference and
submission of a final plat.
B.
Qualifications. In order to qualify for approval as a minor subdivision,
the following conditions must exist:
(1)
The subdivision shall contain no more than four lots, with the
exception of certain replats which satisfy all other conditions stated
herein.
(2)
All subdivided lots shall front on existing dedicated public
right-of-way, with the exception of land-splits which satisfy all
other conditions stated herein.
(3)
No new public right-of-way shall be created and no existing
public right-of-way shall be changed.
(4)
The subdivision will not create a need for any addition to public
facilities which currently exist to serve the area of the subdivision,
with the exception of land-splits which satisfy all other conditions
herein.
(5)
Subdividers with certain tracts of land which may not have adequate
access off an existing dedicated public right-of-way, and may require
an addition to the public facilities, may be granted a land-split
subdivision by the governing body following recommendation by the
Commission. In order to qualify as a land-split subdivision, the following
conditions must be met:
(a)
The land-split subdivision divides the tract into two lots.
These two lots or any part thereof shall not be further subdivided
as a land-split subdivision.
(c)
Adequate ingress and egress to and from both lots must be provided
by the subdivider by either a public dedicated roadway or a private
roadway easement of at least 40 feet in width.
(d)
The Village of Bosque Farms shall not be responsible for any
private roadway easements developed in a land-split subdivision.
(6)
The subdivision shall not be in conflict with any provision
of this Section 10-2, or the Master Plan or Section 10-1, Zoning,
of the Village.
A.
Process. A major subdivision, as defined by this Section 10-2, may
be approved by the governing body following recommendation by the
Commission in a three-step process of preapplication conference, submission
of a preliminary plat and submission of a final plat.
C.
Traffic study.
(1)
A traffic study shall be required for all subdivisions containing
20 or more parcels. The report shall be prepared by a qualified engineer,
licensed in the State of New Mexico.
(2)
Submittal procedures:
(a)
Following the preapplication conference, the Planning and Zoning
Administrator/Officer shall schedule and conduct a special meeting
with the applicant to establish the scope of the traffic study report
and the requirements stated herein. The Planning and Zoning Administrator/Officer
shall maintain a written record of this meeting;
(c)
Submit three copies of the final report to the Planning and
Zoning Administrator/Officer; and
(d)
Submit a copy of the traffic study report to the State Department
of Transportation, along with a cover letter of explanation, for review,
if the proposed subdivision requires direct access to a state or federal
highway.
(3)
Traffic study report requirements. The traffic study report
will adhere to the processes and products outlined in the New Mexico
State Department of Transportation's State Access Management
Manual. This manual prescribes a tiered approach to evaluating traffic
impacts from a proposed development.
A.
Authorization. Receipt of the signed copy for the preliminary plat is authorization for the subdivider to proceed with the minimum improvements as specified in Subsection C of this § 10-2-18, hereinafter referred to as "improvements." Prior to the construction of any improvements or to the submission of any bond, the subdivider shall furnish the Commission and governing body with all plans and data necessary for the construction of said improvements. These plans shall be examined by the Commission and governing body and will be approved if in accordance with the requirements stated in Subsections B and C below; following this approval, construction can be started.
B.
Installation assurance. Final plans for roadway and utilities shall
be prepared by an engineer registered in accordance with the laws
of the State of New Mexico. The Village shall be assured of the installation
of these improvements in a satisfactory manner by one or more of the
following methods:
(1)
Complete installation of the improvement prior to approval of
the final plat.
(2)
The subdivider shall provide a bond, letter of credit, escrow
deposit or another type of security acceptable to the Village in an
amount not less than 125% of the estimated cost of the required improvements
to insure completion of the installation of the utilities and roadway
improvements as provided by the subdivision plat. Any funds remaining
after completion of the improvements will be refunded to the developer
less administrative fees and costs, including attorney fees, incurred
by the Village to ensure compliance.
C.
Installation of improvements. The subdivider may prepare and secure
approval of the preliminary plat and then install improvements in
the area covered by the preliminary plat. Improvements must be installed
only in that part of the area for which a final plat will be submitted
for approval and filing. Phased development of a subdivision is permitted,
provided all improvements in that phase are completed and a surety
has been secured to complete the improvements to the final plat. The
improvements to be installed shall include the following:
(1)
All subdivision boundary corners, and the four corners of all
street intersections shall be marked with permanent monuments. A permanent
monument shall be deemed to be concrete with a minimum dimension of
four inches, extending three feet below the surface of the ground.
Should conditions prohibit the placing of monuments on line, offset
marking will be permitted; provided, however, that offset courses
and distances are shown on the plat.
(2)
All streets shall be constructed in accordance with the design
standards provided in this Section 10-2.
(3)
The subdivider shall present evidence that adequate water and
sewer service for each lot is provided in compliance with the requirements
of the New Mexico Environment Department and in conformance with any
applicable procedure and standards for centralized water as more specifically
set forth with the provisions of Section 9-2, Water, of the Village
Code and/or sewer systems adopted by the Village of Bosque Farms.
(4)
Drainage facilities or other means of stormwater management
shall be addressed by the subdivider and shall require assurances
by a certified engineer that the subdivision development will not
adversely affect the surrounding properties due to stormwater runoff.
(5)
An inspection by a qualified and certified engineer is required
during the stages of construction of improvements to ensure compliance
with the above requirements. The final inspection report shall be
made within 10 days of completion of the improvements. Such inspection
shall be conducted and documented at the expense of the subdivider
and delivered to the Village offices prior to final plat approval.
All subdivisions shall conform to the following minimum design
standards established by the Village. Subdivisions outside the Village
corporate limits shall be exempt from specific requirements for paving
as required by Subsection B(11) through (16) below.
A.
Erosion. No subdivider shall remove or permit to be removed the existing
ground cover in the subdivision without making provisions to prevent
wind and/or water erosion and resultant damage to adjacent properties.
B.
Street standards. The character, extent, width and location of all
streets shall conform to the Village Master Plan or policies established
by the governing body and shall be consistent and appropriate in their
relationship to existing and planned streets, topographic conditions,
public convenience, safety, and the proposed uses of the land to be
served by such streets.
(1)
Where an arterial or collector street is not shown and defined
in the Village Master Plan and there is not an adopted future street
line, the arrangement of streets in a subdivision shall either:
(a)
Provide for the continuation or appropriate projection of existing
development where topographic or other conditions make continuance
of, or conformance to, existing streets impractical; or
(b)
Conform to a plan for the neighborhood approved by the Village
to meet a particular situation where topographic or other conditions
make continuance of, or conformance to, existing streets impractical.
(2)
Local streets shall be so laid out that their use by through
traffic will be discouraged.
(3)
No street names shall be used which will duplicate or be confused
with the names of existing streets within the jurisdiction of the
Village. Street name changes shall be subject to the approval of the
governing body upon the recommendation of the Commission. A street
name shall only be changed if the applicant shows that there will
be a public benefit which clearly outweighs the public confusion which
would be created by the name change.
(4)
Streets shall be laid out to intersect as nearly as possible
at ninety-degree angles, and no street shall intersect any other street
at less than 60°.
(5)
At any place where there is a private gravel road in a minor
subdivision, streets shall have a minimum forty-foot paved apron at
intersections onto a Village paved road. The apron shall be measured
from the roadway edge line.
(6)
Property lines at street intersections shall be rounded with
a radius of 25 feet, or of greater radius where the governing body
may deem it necessary. Comparable cut-offs or chords in place of round
corners may be permitted.
(7)
Culs-de-sac shall be provided at the closed end with a turnaround
having an outside roadway diameter of at least 90 feet.
(8)
All street gradients shall be subject to approval of the governing
body. Within 100 feet of any intersection, the maximum gradient shall
be 5% to provide adequate and safe sight distance and the intersection
itself shall have a maximum gradient of 3%.
(9)
Streets and alleys shall be provided in accordance with the
following minimum standards:
|
Street Type
|
Right-of-Way Width
(feet)
| |
|---|---|---|
|
Arterial
|
80
| |
|
Collector
|
55
| |
|
Local
|
40
| |
|
Alley
|
20
|
(10)
The minimum radius at the center line for horizontal curves
on streets shall be as follows:
|
Street Type
|
Curve Radius
(feet)
| |
|---|---|---|
|
Arterial
|
400
| |
|
Collector
|
200
| |
|
Local
|
50
|
(11)
Alleys shall be provided in commercial and industrial districts,
except that the governing body may waive this requirement where other
definite and assured provision is made for service access, such as
off-street loading, unloading and parking adequate for the uses proposed.
Alleys may be provided in residential areas at the option of the subdivider,
but are to be discouraged where they would serve no useful public
purpose or where easements would better serve the purpose. Alley intersections
and sharp changes in alignment shall be avoided, but, where necessary,
corners shall be rounded to permit safe vehicular operation. Dead-end
alleys shall be avoided where possible, but if unavoidable, adequate
turnaround space shall be provided.
(12)
Streets shall be constructed according to the following specifications:
(a)
The paved portion of all new streets shall have the following
minimum lane widths:
|
Street Type
|
Minimum Lane Width
(feet)
| |
|---|---|---|
|
Arterial
|
12
| |
|
Collector
|
11
| |
|
Local
|
10
|
(b)
All roads shall be crowned to facilitate drainage. Such crown
shall be sloped at 1/4 inch of rise per foot.
(c)
Culverts of adequate size shall be placed at all crossings of
watercourses. If the proposed crossing is a watercourse under the
jurisdiction of the Middle Rio Grand Conservancy District (MRGCD),
the subdivider must consult with MRGCD and obtain the proper permit
prior to beginning any work on the culvert. The minimum culvert size
shall be 18 inches.
(d)
All streets shall have barrow ditches, except at driveways.
The center line of barrow ditches shall be no less than seven feet
from the roadway edge and no less than one foot below the crown height
of the base course. The base course will be extended two feet beyond
the pavement edge at the same slope as the pavement. Where the right-of-way
permits, there will be a four-to-one slope from the edge of the base
course to the flow line (bottom center) of the barrow ditch. Where
no curb or sidewalk exists, the driveway construction shall not block
the drainage ditch without providing proper drainage structures.
(e)
All roads shall be constructed to meet or exceed the equivalent
single-axle load (ESAL) for 20 years.
(13)
Subgrade preparation for all new streets shall meet all recommendations
reported in a soils evaluation study which shall be prepared by an
engineer registered in accordance with the laws of New Mexico. The
cost of the soil evaluation shall be paid for by the subdivider. Subgrade
preparations may exceed, but must meet, the following minimum requirements:
(a)
The roadbed and barrow ditch areas shall be scarified to a minimum
depth of six inches.
(b)
All foreign matter, including but not limited to vegetable matter,
scrap, etc., shall be removed.
(c)
The roadbed and barrow ditch shall be shaped to the above required
specifications.
(d)
For local streets, the top six inches of the subgrade roadbed
area shall be compacted to not less than 96% of maximum density, except
high volume change soils shall be compacted to 90% of maximum density.
For collector streets, the top 12 inches of the subgrade roadbed area
shall be compacted to not less than 96% of maximum density, except
high volume change soils shall be compacted to 90% of maximum density.
For the purpose of this specification, a "high volume change soil"
is defined as any soil containing 35% or more of material passing
a No. 200 sieve. Method of compaction optional.
(14)
Base preparation for all new streets shall meet all recommendations
reported in a soil evaluation study which shall be prepared by an
engineer registered in accordance with the laws of New Mexico. The
cost of the soil evaluation shall be paid for by the subdivider. Base
preparations may exceed, but must meet, the following minimum requirements:
(a)
All new streets shall be constructed with a depth of at least
six inches of one-inch gravel base course in accordance with the following
graduations, to be placed upon a prepared subgrade as specified above
upon the entire length and width of the roadbed:
|
Sieve Size
|
Passing by Weight
| |
|---|---|---|
|
1"
|
100%
| |
|
#4
|
40% to 60%
| |
|
#10
|
30% to 45%
| |
|
#40
|
15% to 25%
| |
|
#200
|
2% to 6%
|
(b)
The gravel base course as specified above shall be compacted
to not less than 96% of maximum density.
(15)
All new arterial and collector streets shall be paved in accordance
with acceptable design procedures. Such procedures shall include the
most current pavement design standards published by the American Association
of State Highway and Transportation Officials (AASHTO) and the local
adaptation of those procedures developed by the New Mexico State Department
of Transportation.
(16)
All new local streets shall be paved in accordance with acceptable
design procedures, including but not limited to the following requirements:
(a)
Subgrade and base preparation shall be completed as specified
above, or to a higher standard if warranted by site conditions or
traffic projections.
(b)
Pavement for all local streets, except culs-de-sac, shall consist
of a minimum of two inches of asphalt concrete, with tack coat if
required, and at 1,500 pounds' stability. Pavement for culs-de-sac
shall be of the same construction, except shall consist of a minimum
of three inches of asphalt concrete applied in two lifts of 1 1/2
inches. Pavement for all collector streets shall consist of a minimum
of three inches of asphalt concrete, with tack coat if required, and
at 1,500 pounds' stability.
(c)
Alternative pavements may be approved by the governing body
with the advice and recommendation of a qualified and certified engineer.
(17)
The most current specifications for road and bridge construction
established by the New Mexico State Department of Transportation shall
be used as the authority for questions concerning street construction.
(18)
An inspection by a qualified and certified engineer is required
within 10 days of completion of new streets to ensure compliance with
the above requirements. Such inspection shall be conducted and documented
at the expense of the subdivider and delivered to the Village offices.
C.
Drainage. Adequate provision shall be made for drainage of stormwater,
subject to the approval of the Village in accordance with the policy
established by Section 10-1, Zoning, regarding retention of localized
stormwater; any specific area drainage plans; and any requirements
pursuant to the National Flood Insurance Program of the Federal Emergency
Management Agency.[1]
[1]
Editor's Note: See Sec. 11-1, Flood Damage Prevention.
D.
Easements. An adequate easement shall be dedicated along all important
watercourses for the purpose of widening, deepening, sloping, improving
or protecting the channel for water-carrying purposes. Easements for
underground utilities shall be provided where necessary and shall
be at least 10 feet in width.
E.
Blocks. The lengths, widths and shapes of blocks shall be determined
with due regard to provision of adequate building sites suitable to
the special needs of the type of use contemplated; to zoning requirements
as to lot sizes and dimensions; to needs for convenient access, circulation,
control and safety of street traffic; and to limitations and opportunities
of topography.
F.
Lots. The lot arrangement and design shall be such that all lots
will provide satisfactory and desirable building sites properly related
to topography and the character of adjacent development.
(1)
Depth and width of lots laid out for commercial purposes shall
be adequate to provide off-street services and parking required by
the type of use contemplated.
(2)
Corner lots for residential use shall have extra width to permit
appropriate building setback from an orientation to both streets.
(3)
The subdivision of the land shall provide satisfactory access
to an existing public right-of-way by means of a public right-of-way.
Lots within a minor subdivision may be accessed by either a private
way or a public right-of-way.
(4)
Side lot lines shall be substantially at right angles or radial
to street lines.
(5)
Double-frontage lots should be avoided except where essential
to provide separation of a residential development from traffic arteries
or to overcome specific disadvantages of orientation or topography.
G.
Underground distribution regulations.
(1)
Residential. On all new residential subdivisions submitted to
the Village for approval, the electrical services will be underground,
installed in accordance with rules and regulations adopted by the
Public Utility Commission. This policy should be applied only to new
subdivided areas where grading has been completed and before paving
and electrical facilities have been installed.
(2)
Commercial. On all new and remodeled commercial electrical services
above 150 amperes per leg, the service will be underground and installed
in accordance with rules and regulations adopted by the Public Utility
Commission.
A.
Necessity. Nothing in this section requires that a vacation be undertaken
if a replat, accomplishing the elimination of lot lines, is duly approved.
A vacation is required when no replatting is undertaken but elimination
of lot lines, rights-of-way, or easement lines dividing a parcel is
to be accomplished.
B.
Application procedure. Any plat filed in the office of the County
Clerk and within the planning and platting jurisdiction of the Village
may be vacated according to the following procedures:
(1)
The subdivider of land proposed to be vacated, exclusive of
public rights-of-way, shall sign a duly acknowledged statement declaring
the plat or a portion of the plat is to be vacated and shall apply
to the Commission for approval.
(2)
Where a public right-of-way is proposed to be vacated:
(a)
The Commission 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 Commission, at least 15 days prior to
the date of the hearing. The applicant is responsible for removing
such signs within five 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 subsection.
(c)
In considering the vacation of all or part of a public right-of-way,
the Commission shall determine whether or not the vacation will adversely
affect the interests of persons owning abutting land or land within
the subdivision being vacated.
(3)
The rights-of-way of any public or private utility, including
drainage, existing prior to the vacation, total or partial, of any
plat are not affected by the vacation of a plat unless an authorized
representative of the utility involved agrees in writing to have the
rights vacated.
C.
Public hearing. A decision on approval and endorsement shall be made
at a hearing by the Commission. Public notice in a newspaper of general
circulation in the Village shall be published at least 15 days before
the date of the hearing; the notice shall indicate the location of
the proposed vacation, where a map of the proposed vacation may be
viewed and information on the hearing. If approved by the Commission,
the endorsement shall be within 10 days of the conclusion of the hearing.
D.
Recording. The vacation is in effect only after the approved statement
declaring the vacation has been recorded in the office of the County
Clerk. The County 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.
Submittal for recording is the applicant's responsibility. The
applicant shall also provide certified proof of the recording by the
County Clerk to the Village.
A.
Circumstances.
(1)
A variance may be granted under the following circumstances:
(a)
Where varying from the normal requirements will encourage flexibility,
economy, effective use of open space, or ingenuity in design of a
subdivision, in accordance with accepted principles of site planning;
or
(b)
Where extraordinary hardship or practical difficulty may result
from strict compliance with the minimum standards.
(2)
The subdivider shall, at the time the preliminary plat is filed
with the Planning and Zoning Commission, submit a written application
for a variance(s). The governing body, following recommendation by
the Commission, may vary or modify the requirements so that the subdivider
is allowed to develop the property in a reasonable manner, but at
the same time so that the public welfare and the interests of the
Village are protected and the general intent and spirit of this Section
10-2 is preserved. However, such relief may not be granted if it is
detrimental to the public good or impairs the intent and purpose of
this Section 10-2 or the desirable development of the community in
accordance with plans and policies of the governing body. Any variance
granted shall be entered in the records of the governing body, setting
forth the reasons which justified the variance.
B.
Application. A request for a variance shall be submitted to the Planning
and Zoning Administrator/Officer on prescribed application forms,
and upon payment of an administrative fee. A completed, signed, and
notarized application form must be received by the Planning and Zoning
Administrator/Officer at least 20 days prior to the Commission meeting
date when the application will be considered. Public notice shall
be given in a newspaper of general circulation in the area at least
15 days prior to the date of said meeting. The Commission will then
make its recommendations to the governing body, which at its regular
meeting will either approve or disapprove the variance request. The
applicant shall post and maintain one or more signs on the premises,
as provided and where instructed by the Planning and Zoning Administrator/Officer,
at least 15 days prior to the date of the Commission meeting at which
the application will be heard. The purpose of the sign or signs is
to provide public notice of the application for a variance. Failure
to properly post such signs is grounds for deferral or denial of the
application. The applicant is responsible for removing such signs
within five days after a decision is made regarding the application.
C.
Requirements. The governing body may impose any necessary requirements
or conditions in approving a variance in order to assure that the
requested variance:
(1)
Will cause no significant hazard, annoyance, or inconvenience
to the owners or occupants of nearby property;
(2)
Will not significantly change the character of the neighborhood
or reduce the value of nearby property;
(3)
Will not impose any significant cost burden upon the Village;
and
(4)
Will be in harmony with the general purpose and intent of this
Section 10-2.
D.
Evidence. An application for a variance shall be accompanied by evidence
in writing from landowners within 100 feet, excluding public rights-of-way,
of the boundary of the property owned by or controlled by the person
for which the variance is requested stating whether the landowners
do or do not object to the variance, if granted. It shall be the responsibility
of the applicant to obtain such evidence.
E.
Approval.
(1)
In approving variances, the governing body may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements of this Section 10-2.
(2)
Any waiver of provisions of this Section 10-2 shall require
notice of waiver as approved by the Village of Bosque Farms governing
body to be placed on the final subdivision plat and on a separately
recorded document.
F.
Further, in granting modifications and exceptions, the governing
body shall place conditions which will, in its judgment, substantially
secure the objectives of the standards or requirements involved.
A.
The final plat is in effect only after been duly recorded in the
office of the County Clerk and copies have been filed with the Village
Clerk/Administrator or his/her designee. Approval of the final plat
shall become null and void if the plat is not so recorded within six
months after the date of approval. Submittal for recording is the
subdivider's responsibility.
B.
In the case of a replat, the subdivider shall request the County
Clerk to mark the original plat with the words "replatted" or "partially
replatted" and refer on the original plat to the filed location of
the replat. The Village Clerk/Administrator or his/her designee shall
mark the copies of the original plat on file in the offices of the
Village in a similar manner after having filed the original drawing
of the final plat with the County Clerk.
C.
No development review permits shall be issued until copies of the
recording of the final plat have been placed on file with the Village.
D.
The plat
shall contain the following information for recording:
(1)
Name of proposed subdivision, if applicable, name and address
of subdivider, agent, and principal persons preparing the preliminary
plat.
(2)
Scale, North arrow, name of registered land surveyor, and date
established for formal submittal.
(3)
Proposed benchmark locations, proposed location of the method
of tie to permanent survey monuments, and proposed location and type
of subdivision control monuments; descriptions of all monuments found
or set.
(4)
Plat boundary lines: bearing in degrees, minutes, and seconds,
with basis for bearings noted or shown; distances in feet and hundredths.
(5)
Existing conditions of the site and the abutting lands, including
the following:
(a)
Easements on site: location, width, and purpose.
(b)
Public rights-of-way on and adjacent to the site: name, dimensions,
and type of paving and/or drainage facilities.
(c)
Utilities on and adjacent to the site.
(d)
Ground elevation on the site based on mean sea level datum as
established by the U.S. Coast and Geodetic Survey:
(e)
Other conditions of the site: watercourses (irrigation ditches),
major rock outcrops, wooded areas, isolated preservable trees six
inches or more in diameter, existing structures, and other significant
features.
(f)
Conditions on adjacent land significantly affecting design of
the subdivision: approximate direction and gradients of ground slope;
character and location of development.
(g)
Zoning on and adjacent to the site.
(h)
Total area of the proposed subdivision and each lot to the nearest
1/10 acre.
(6)
Location map showing location of the site in relation to well-known
landmarks and abutting property owners.
(7)
Proposed lot lines and public right-of-way dimensions; roadways
intended to be private; locations, dimensions, and purpose of all
easements, public or private; proposed names of roadways.
(8)
Number or letter to identify each proposed lot and block.
(9)
Locations, dimensions, sizes, approximate areas, and purposes
of lot proposed to be dedicated or reserved for the public.
(10)
Proposed changes to ground elevations, to the standards specified
herein.
(11)
Identification of improvements for the subdivision, if applicable, as required in § 10-2-18 of this Section 10-2.
(12)
Proposed method for dedication of water rights as provided in
this Section 10-2.
(13)
Proposed names of all streets and culs-de-sac, if applicable, within the subdivision. Names shall conform to the street naming criteria as set forth in § 10-2-19B(3) of this Section 10-2.
A.
General subdivision fee. To cover general expenses related to processing
subdivisions, an administrative fee will be charged. The administrative
fee shall be $100 plus $80 per lot, with the exception of a minor
subdivision, which shall require a fee of $80 per lot. The subdivider
shall pay any needed engineering fees.
B.
Vacation and replat fees. To cover expenses related to processing,
any replat or vacation of plat shall require a fee of $50 upon application
for each such action.
C.
Variance. To cover expenses related to processing of a variance,
an administrative fee of $100 will be charged upon application for
such action.
D.
Method of payment. Fees shall be made payable to the Village. Fees
are nonrefundable. All fees shall be paid following completion of
the preapplication procedure and upon application for preliminary
plat approval or, in the case of a minor subdivision, upon application
for final plat approval.
A.
General. No subdivision within the planning and platting jurisdiction
of the Village shall hereafter be carried out except in accordance
with the provisions of this Section 10-2. No plat shall be recorded
with the County Clerk in violation of the provisions of this Section
10-2.
B.
Transferring lots in unapproved subdivision and/or failure to comply with
this Section 10-2. Any owner, or agent of the owner, of any land located
within the planning and platting jurisdiction of the Village who transfers,
sells, agrees to sell, or negotiates to sell land by reference to
or exhibition of a plat of such land before being duly approved by
the governing body and duly recorded in the office of the County Clerk
shall, upon conviction, be subject to a fine of $100 per offense or
imprisonment for not more than 90 days, or both such fine and imprisonment.
Each and every lot or portion thereof so transferred, sold, agreed
to be sold, or negotiated to be sold shall be prosecuted and treated
as a separate offense. Such action shall be deemed null and void and
the appropriate legal action shall be taken. Failure to comply with
any of the provisions of this Section 10-2 may cause the approval
of a subdivision plat to be suspended and/or revoked in whole or in
part by the Commission and/or the governing body. All legal fees and
costs incurred by the Village as a result of violation of this Section
10-2 shall be paid by the violator.
C.
Construction or site alteration. No grading or other alteration of
a site shall take place prior to approval of a preliminary plat, if
the grading or site alteration is related to a proposed subdivision.
For minor subdivisions, grading or site alteration shall not take
place prior to the completion of the preapplication process.
Any person aggrieved by any determination of the governing body
acting under this Section 10-2 may file an appeal to the District
Court of Valencia County within 30 days of such action by the governing
body. An appeal is perfected by filing notice of appeal in the District
Court. A copy of the appeal shall be served upon the governing body.
The governing body may, from time to time, amend or modify this
Section 10-2 after public hearing, due notice of which shall be given
as required by law.
The governing body shall keep public records of findings, decisions,
and recommendations concerning all subdivision plats filed with it
for review, including such actions as may be taken by the governing
body through appeals or amendments to this Section 10-2.
The Village may, from time to time, employee persons either
in its Planning and Zoning Department, or elsewhere, who may interact
with persons who propose to subdivide certain property. Notwithstanding
any advice or assistance to persons seeking to develop or subdivide
property, such employees may provide advice or assistance to the subdivider.
This Section 10-2, and the rulings of the Planning and Zoning Commission,
and ultimately, the governing body, serve as the decisions of the
Village. The Village accepts no liability for any advice given by
a Village employee ultimately in conflict with the decisions of the
Commission or the governing body. Further, the Village accepts no
liability for any disputes which may arise between two or more private
parties which relate to any advice given or assistance rendered by
Village employees related to this Section 10-2.
