The following words and phrases appearing in this chapter will
be defined and interpreted as set forth below. For this purpose, the
singular includes the plural and the plural includes the singular;
the words "shall" and "will" are mandatory; the word "may" is permissive;
and the masculine gender includes the feminine gender.
ALLEY
A public way used primarily as a service access to the rear
or side of a property which abuts on a street.
BLOCK
The distance measured along a street between intersecting
streets from center line to center line; and, where the context requires,
it also means the enclosed area within the perimeter of the streets
or property lines enclosing it.
BUILDING LINE
A line on a plat between which line and a street no building
may be erected.
CITY MANAGER
The City Manager for the City of Española, New Mexico,
or his duly authorized representative.
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.
COVENANT
An express agreement between two or more people to do or
not to do a certain thing. As used in these regulations, it refers
to a written, legally binding agreement between two or more property
owners or between one or more property owners and the City of Española
to do or not to do certain construction on land in any specific or
general manner. The covenant may stipulate certain penalties for contrary
actions such as reversion or transfer of ownership and/or conditions
under which the covenant may be released by either or both parties
or all parties involved.
CUL-DE-SAC
A minor street with only one outlet and culminated by a turnaround
at the dead end.
DRAINAGE COURSE
A natural watercourse or indenture for the drainage of surface
waters.
EASEMENT
A grant by the property owner of the use, for a specific
purpose, of a strip of land by the general public, a corporation or
a certain person or persons.
EXPRESSWAY or FREEWAY
A high-capacity and high-speed major thoroughfare with partially
or fully controlled access to abutting properties.
LOT
A part or portion of a subdivision or other parcel of land
having fixed boundaries or designated on a plat of survey or other
parcel of land within a subdivision intended for the purpose, whether
immediate or future, of human occupation, rental, lease, transfer
of ownership or building development.
MAJOR THOROUGHFARE
A street of considerable length that carries, or that planning
evidence indicates will carry, a large volume of traffic, and is usually
planned in conjunction with state or federal agencies and is not to
serve immediately abutting properties.
MARGINAL ACCESS STREET
A street parallel to and adjacent to a major thoroughfare
which provides access from the thoroughfare to abutting properties.
MASTER PLAN
The Comprehensive Plan-Española Planning Area, New
Mexico, revised, including maps and reports, or both, as adopted by
the City Council in February, 1972, and subsequently amended by the
Planning and Zoning Commission and/or the Española City Council.
MINOR INDUSTRIAL OR COMMERCIAL STREET
A street of relatively short length that provides direct
access to an industrial or commercial district and is designed to
discourage its use by through traffic.
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.
PERFORMANCE BOND
A surety bond or cash deposit made out to the City of Española
in an amount equal to the full cost of the improvements which are
required by this chapter, said cost being estimated by the City Manager
and said surety bond or cash deposit being legally sufficient to secure
to the City of Española that the improvements will be constructed
in accordance with this chapter.
PLAT
A map, chart, survey, plan or replat certified by a licensed
or registered surveyor which contains a description of the subdivided
land with ties to permanent monuments.
ROADWAY
That portion of the street available for vehicular traffic
and, where curbs are laid, the portion from back-to-back of curbs.
SECONDARY THOROUGHFARE
A street of relatively short length that carries a considerable
volume of traffic of more than neighborhood character and also serves
abutting properties.
STREET
All properties dedicated or intended for public or private
use for access to abutting lands or subject to public easements therefor,
whether designated as a street, highway, thoroughfare, parkway, throughway,
expressway, road, avenue, boulevard, lane, place, circle or however
otherwise designated.
STREET WIDTH
The distance between lot lines measured at right angles to
the street center line.
SUBDIVIDER
Any persons, 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.
SUBDIVISION
The division of land into two or more parts by platting or
by metes and bounds description into tracts of less than five acres
in any one calendar year for the purpose of sale, lease or rent, for
building purposes, laying out the municipality or any part thereof,
adding to the municipality, laying out suburban lots or resubdivision.
This definition shall be interpreted as follows: If an individual
or subdivider divides a parcel of land into two parts and retains
one part, that shall not be considered a subdivision. If an individual
or subdivider divides a parcel of land into two parts for the purpose
of sale, lease or rent, that shall be considered a subdivision.
SUBDIVISION CLASS 1
A subdivision within the three-mile planning and platting
jurisdiction area outside the City of Española in which the
smallest lot has an area of less than 20,000 square feet and a width
of less than 100 feet, or any subdivision within the City of Española.
SUBDIVISION CLASS 2
A subdivision within the three-mile planning and platting
jurisdiction area outside the City of Española in which the
smallest lot has an area of 20,000 square feet or more and a width
of 100 feet or more.
TECHNICAL ADVISOR
The individual or individuals designated to provide staff
assistance for the Planning and Zoning Commission of Española,
New Mexico.
No location map or preliminary plan shall be approved if, considering
the best interests of the public, the site is not suitable for plat
and development purposes of the kind proposed by reason of flooding
or adverse earth or rock formation. Lots subject to flooding and lots
deemed uninhabitable because of adverse earth or rock formation shall
not be platted for residential occupancy, nor for such other uses
as may increase danger to health, life or property or cause an additional
flood hazard, not compensated for by the drainage plan, to such property
or to other properties adjacent thereto, or which may be affected
thereby, but such land within a plat shall be set aside for such uses
as shall not be endangered by periodic or occasional inundation or
shall not produce unsatisfactory living conditions.
Where a subdivision outside the corporate limits of the City
contains sewer, sewage treatment plants, water supply systems, park
areas, or other physical facilities necessary or desirable for the
welfare of the area and which are of common use or benefit, and which
the City does not desire to or cannot maintain, provision shall be
made by trust agreements made a part of the deed restrictions acceptable
to the City for the proper and continuous maintenance and supervision
of such facilities by the lot owners in the subdivision or until incorporated
within the City limits of the City of Española and other provisions
made therefor.
These land subdivision regulations may be changed and amended
from time to time by the City Council, provided that such changes
or amendments shall not become effective until after a public hearing
has been held. Before such hearing, notice of same must be published
in a newspaper of general circulation in Española at least
15 days prior thereto.
Until a final plat has been approved by the planning authority,
any official of a municipality or public utility company who shall
serve or connect the land within the subdivision and within the planning
and platting jurisdiction of a municipality with any public utility
such as water, sewer, electric or gas is guilty of a misdemeanor.
A municipality may require any utility connected in violation of this
section to be disconnected. This chapter shall not prohibit the extending
of the utilities through an area irrespective of its platting and
planning status after review and approval by the Planning and Zoning
Commission, which area may be subject to assessments for such improvements
in accordance with the rules and regulations of the City utilities
or public improvements requirements.
The City Council of the City of Española may not locate,
construct or accept any street dedication until the street dedication
is first submitted to the Planning and Zoning Commission for approval
or disapproval. If disapproved by the Commission, the street dedication
may be approved by a two-thirds vote of all the members of the City
Council of the municipality having jurisdiction or of the Board of
County Commissioners having jurisdiction. A street dedication accepted
by the Planning and Zoning Commission or by a two-thirds vote of all
the members of the City Council or for the Board of County Commissioners
having jurisdiction shall have the same status as any other public
street.