These subdivision regulations ensure the development of land
is in a form supporting the health, safety and welfare of County residents,
while reinforcing the character of the County and providing safe and
convenient access for multimodal traffic: automobiles, cyclists, transit,
and pedestrians. These regulations accomplish this by primarily ensuring
that the lots, blocks, and thoroughfares create compact and interconnected
development where appropriate, and that there are adequate and convenient
civic spaces.
P&Z recommendations to approve, conditionally approve or
deny a subdivision application shall include a determination as to
whether the proposed development, if developed according to the plans
and information provided, will meet the standards of this chapter.
[Amended 12-8-2020 by Ord. No. 317-2020]
The Development Review Committee (DRC) shall review the following
matters associated with subdivision applications prior to review by
the Zoning Administrator, P&Z, or BOCC, as required: master plans;
preliminary plats; variances; modifications to subdivision requirements;
community types; detailed site plans; and final plats, if necessary.
The purpose of the following thoroughfare, block, and lot guidelines
is to provide standards that vary according to their location on the
continuum of intensity to enable compact and interconnected development.
A.
Thoroughfare network, design. The arrangements, character, extent, width, grade, and location of all thoroughfares shall consider existing and other planned thoroughfares, topographical conditions, dust, and surface drainage both in and through the subdivision, public convenience and safety and appropriateness to proposed uses of land to be served by such thoroughfares. Layout and design of thoroughfares shall comply with Article VI and shall:
(1)
Be configured to distribute traffic throughout the subdivision
and designed to reduce speeds of vehicular traffic.
(2)
Extend existing thoroughfares where they terminate at the bounds
of the proposed subdivision.
(3)
Provide stub thoroughfares to the boundary of the subdivision
where conditions permit the later extension of thoroughfares into
adjacent areas.
(4)
Conform to master or sub-area plans near the vicinity of the
subdivision that have been approved by the County.
(5)
Along a railroad right-of-way or limited-access highway right-of-way
or at a river, ravine or arroyo, the design shall provide a parallel
thoroughfare at a distance suitable for the strip of land to be developed
according to its zoning district or development intensity. Design
shall provide sufficient space for safe operation of signals and queuing
of traffic.
(6)
Avoid jogs in thoroughfares in which the center line is offset
by less than 200 feet.
(7)
Ensure that horizontal and vertical curves for all thoroughfares meet the standards of § 350-603, Access and parking, including any design adjustments to connect proposed subdivision thoroughfare to neighboring thoroughfares.
(8)
Design intersections at right angles and not less than 80° where possible, in accordance with § 350-603, Access and parking.
(9)
Ensure clear sight triangles and required setbacks have been
removed from the buildable area of corner lots so the remaining size
of the buildable area is sufficient for builds with at least the same
amount of surface area as the ones abutting in the same zone or development
intensity.
(10)
Ensure thoroughfares meet engineering and thoroughfare design standards per § 350-603, Access and parking.
(11)
Avoid half thoroughfares by which only one side of the thoroughfare's
pavement is platted or constructed, except that a thoroughfare may
be constructed on the boundary of a parcel between two phases of the
same subdivision.
(12)
No cul-de-sac shall exceed 800 feet to the center of the bulb
or a maximum of 30 dwelling units. The Zoning Administrator or the
Design Review Committee may review a variance to this requirement
where the terrain or width of a parcel to be subdivided is not practical.
[Amended 11-14-2017 by Ord. No. 294-2017]
(13)
Provide separate, legally described paved access directly to
the nearest arterial or collector highway.
(14)
Provide any necessary dedication of land for rights-of-way at
the project's perimeter to ensure that the subdivision will not become
inaccessible during a one-hundred-year storm.
B.
Thoroughfare network plan. Preliminary and final plats shall include
a thoroughfare network plan which shall include the following:
(1)
Existing major thoroughfares networks including thoroughfares
leading to commercial and mixed-use areas and connecting between them
railroad lines, highways, and designated County, state, and federal
routes.
(2)
Designation for each thoroughfare mapped (both within and near the proposed subdivision). See § 350-603, Access and parking.
(3)
Proposed network of thoroughfares and their intersections including
the following:
(4)
Proposed modifications to existing thoroughfares.
C.
Thoroughfare assemblies. Thoroughfare assemblies shall be designed according to § 350-603, Access and parking.
D.
Block standards.
(1)
Blocks shall consist of lots surrounded by thoroughfares.
(a)
Lengths of block faces shall not exceed the maximum length of a block face, measured along lot lines, for the zone or development intensity per Table 4.1, Maximum Block Face Length, except that the Zoning Administrator may adjust the length of a block face by up to 100% by approval of an administrative variance to accommodate specific site conditions. See § 350-207C, Administrative variances.
[Amended 11-14-2017 by Ord. No. 294-2017]
(b)
Where two or more zones or development intensities occur on
the same block face, the block face length shall not exceed that shortest
required length.
(c)
The block face length in mobile home parks (DM) shall apply
to the internal blocks to each DM or subdivision as well as to the
sum of all contiguous land under the same ownership within the zone.
(2)
The Zoning Administrator may exempt blocks adjacent to undeveloped land, areas unsuitable for development, or preexisting incomplete blocks from a limitation on block length by approval of an administrative variance. See § 350-207C, Administrative variances.
(3)
[1]Rear lanes or alleys shall be required for medium and high
intensity areas within a new community and within T4 and T5 Transect
Zones. Rear lanes and alleys are not mandatory where the rear lot
lines are at the edge of the site to be subdivided or where the block
has been previously subdivided.
[Amended 11-14-2017 by Ord. No. 294-2017]
|
Table 4.1 Maximum Block Face Length
| |||||||||||||||||
|
|
N & T1
|
R & T2
|
R5 & R5L
|
L & T3
|
M & T4
|
H & T5
|
D1/D1L
|
D2/D2L
|
D3
|
DM
|
MU
|
C1
|
C2
|
C3
|
I1
|
I2
|
I3
|
|
Maximum Block Length
(feet)
|
—
|
—
|
—
|
1,320
|
1,200
|
1,000
|
1,320
|
1,200
|
1,000
|
1,000
|
1,000
|
1,000
|
1,200
|
1,200
|
—
|
—
|
—
|
|
Legend: "—" means "no maximum."
Numbers refer to length in feet.
|
[1]
Editor’s Note: Former Subsection D(3), regarding block
faces exceeding 500 feet, was repealed 11-14-2017 by Ord. No. 294-2017.
E.
Parkway assemblies.
[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]
(1)
Each segment of a thoroughfare shall include a parkway corresponding to its adjacent zone(s) or development intensity in § 350-603, Access and parking.
(2)
Public lighting shall be located within the furnishings zone,
if applicable for nonresidential uses and within parkways for residential
uses.
(4)
Parkways in high intensity areas within a community type, and
within a T5 Transect Zone with portals or shopfronts may replace public
planting with sidewalk pavement.
(5)
Sidewalks shall be provided and comply with the minimum widths
of Table 4.2, Minimum Width of Sidewalk Standards. Sidewalks shall
meet the current Americans with Disabilities Standards for Accessible
Design (ADA SAD) for curb ramps and accessible routes for all new
construction.
(6)
idewalks shall be a minimum of 10 feet in width at shopfronts,
space permitting.
|
Table 4.2 Minimum Width of Sidewalk Standards
| |||||||||||||||||
|
|
N & T1
|
R & T2
|
R5/R5L
|
L & T3
|
M & T4
|
H & T5
|
D1/D1L
|
D2/D2L
|
D3
|
DM
|
MU
|
C1
|
C2
|
C3
|
I1
|
I2
|
I3
|
|
Minimum Sidewalk Width
|
—
|
—
|
—
|
5
|
5
|
5
|
—
|
5
|
5
|
5
|
5
|
5
|
5
|
5
|
5
|
5
|
5
|
|
Legend: "—" means "not required."
Numbers refer to width in feet.
|
F.
Lot structure.
(1)
Lots shall have minimum and maximum widths and lot sizes per
Tables 5.4 through 5.17, Site Standards, except claims of exemptions
in the Rural (T2) Zone may be platted per NMED standards.
(2)
Each lot shall have a primary frontage along the vehicular thoroughfare except that the Zoning Administrator may permit a primary frontage along a sidewalk by approval of an administrative variance. See § 350-207C, Administrative variances.
(3)
Where lots have multiple frontages as shown in Table 5.3, Facades,
Elevations and Lot Lines Illustrated, one frontage line shall be designated
as primary and any other frontage lines shall be designated as secondary.
(4)
All lots shall meet all relevant federal, state and local governmental
regulations.
(5)
Lots with double frontage shall identify the intended front
of the lots for driveway and address purposes.
[Amended 11-14-2017 by Ord. No. 294-2017]
(6)
Legal access to a public thoroughfare within the development
shall be required for all lots.
The purpose of civic spaces is to ensure civic amenities are
of appropriate types and are in strategic and accessible locations
and compatible land uses.
A.
Civic spaces. Civic spaces shall be assigned to each pedestrian shed
during the design process. The minimum and maximum percentage of land
to be dedicated and deeded as land in civic space is shown in Table
3.3, Community Types, Criteria. Civic spaces shall be assigned per
Tables 3.5, Land Use Classification Matrix: Development Intensities,
and 5.1, Land Use Classification Matrix: Zoning Districts, and shall
be designed per Table 4.3, Civic Space Types, to conform to the zone
and development intensity and to the following:
(1)
Those portions of N Zone, if any, within the transect zone or
community type shall be part of the civic space allocation and shall
be a park, per Table 4.3, Civic Space Types.
(2)
Pedestrian sheds shall contain at least one main civic space
that is a square, plaza or green, per Table 4.3, Civic Space Types.
An entrance to the main civic space shall be within 1,000 feet of
the center point of the pedestrian shed unless topographic conditions,
preexisting thoroughfare alignments or other approved circumstances
prevent such location.
(3)
Playgrounds conforming to Table 4.3, Civic Space Types, shall
be located so that every residential lot is within 1,000 feet of a
playground.
(4)
At least 50% of the perimeter of each square or plaza per Table
4.3, Civic Space Types, shall abut a thoroughfare.
(5)
Small spaces not conforming to the specific standards of Table
4.3, Civic Space Types, are permitted and encouraged, although they
shall not contribute to the minimum percentage of land required to
be dedicated as civic space.
(6)
The County shall accept ownership of land in civic space unless
accepted for ownership by a homeowner association or civic organization.
Homeowner associations or civic organizations may elect to accept
ownership of land in civic space and the developer shall provide an
ownership and maintenance strategy for the civic space.
(7)
Planting, lighting and landscaping in civic spaces shall conform
to Section 4.5, Public Lighting, Table 6.9, Typical Urban Parkways,
and Table 6.10, Typical Rural Parkways.
(8)
Design of a civic space shall be approved by DRC. Where a civic
space extends between two or more zones or development intensities,
the space may comply with civic space standards from either zone or
development intensity.
|
Table 4.3 Civic Space Types
| ||
|---|---|---|
|
4.3-a Park
Area: 3 acres, minimum
Standard: A park may be independent of surrounding building
frontages. Landscape shall consist of paths and trails, fields, water
bodies, bosques, and open shelters, all naturalistically disposed.
Parks may be lineal, following the trajectory of the river or arroyos.
|
 | |
|
4.3-b Green
Area: 1 to 5 acres
Standard: A square or plaza spatially bounded by landscaping
rather than building frontages. Landscape shall consist of landscaping
and trees, naturalistically disposed.
|
 | |
|
4.3-c Square
Area: 1/2 to 5 acres
Standard: A square is spatially bounded by building frontages.
Landscape shall consist of paths, landscaping and trees, formally
disposed. Squares shall be located at the intersection of major thoroughfares.
|
 | |
|
4.3-d Plaza
Area: 1/4 to 4 acres
Standard: A plaza shall be spatially bounded by building frontages.
Landscape shall consist primarily of pavement. Trees are recommended
but not required if the space can be shaded by adjacent street trees.
Plazas shall be located at the intersection of major streets.
|
 | |
|
4.3-e Neighbordhood Multipurpose Field
Area: 1 1/2 to 3 acres
Standard: A neighborhood multipurpose field may be spatially
bounded by landscaping or by building frontages. There shall be a
20-foot clear zone at the perimeter and shall be landscaped with canopy
trees. If this area is adjacent to a thoroughfare, the street trees
may provide the required shade. This field may serve a secondary purpose
of stormwater management.
|
 | |
|
4.3-f Playground
Area: Varies
Standard: A playground shall be fenced and may include an open
shelter or shade structure. Playgrounds shall be interspersed within
residential areas and may be placed within a block or another civic
space.
|
 | |
|
4.3-g
(1)
|
Community Garden, General
Area: Varies
A community garden shall be used by two or more individuals
from the community, with individual or communal plots to grow plants,
including for sale or use.
|
 |
|
(2)
|
The community garden shall be managed and maintained by an individual,
group of individuals, or an organization, but not by a for-profit
business. Land may be donated permanently or temporarily by a for-profit
entity, and the community garden may include on-site sales in a stand
of 600 square feet or smaller.
| |
|
(3)
|
A community garden may be fenced and may include a tool shed.
Running water is required. Community gardens may be located within
a block or included within a park or square or plaza or temporarily
located on vacant parcels.
| |
|
4.3-h Community Garden, Small
A small community garden shall have no livestock.
|
1/8 acre, maximum
| |
|
4.3-i Community Garden, Medium
A medium community garden may include animals used in food production,
with the exception of roosters. Livestock facilities shall be set
back 75 feet from property lines.
|
1/8 to 2 acres
| |
|
4.3-j Community Garden, Large
A large community garden is managed and maintained by an individual,
group of individuals or organization for urban agriculture. Animals
used in food production shall be permitted with the exception of roosters.
Livestock facilities shall be set back a minimum of 75 feet from the
property lines
|
2 acres, minimum
| |
A.
Purpose. Public lighting is required for newly created residential developments where sidewalks or designated walkways are required pursuant to § 350-602, Public lighting shall follow the guidelines in this chapter. The purpose is to tailor design of lighting to context and assure adequate lighting for safety. Lighting within the County shall maintain the rural character of the region, in part by preserving the visibility of night-time skies while providing for safety and security.
[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]
B.
Standards. Within parkways, prescribed types of public lighting shall
be as shown in Table 6.11, Parkway Assemblies.
(1)
All development shall meet the following standards:
[Amended 12-8-2020 by Ord. No. 317-2020]
(a)
All lighting installations shall be designed and installed to
be fully shielded except as exempted below and commercial lighting
shall have a maximum lamp wattage of 250 watts HID (or approximately
1,600 lumens).
(b)
Residential lighting shall be shielded such that the lamp or
the lamp image is not directly visible outside the property perimeter.
(c)
Exemptions:
[1]
Lighting in swimming pools and other water features governed
by the National Electrical Code.
[2]
Exit signs and other illumination governed by the International
Building Code.
[3]
Lighting for stairs and ramps as required by the International
Building Code.
[4]
Holiday and temporary lighting less than 30 days use in any
one year.
[5]
Athletic field lighting, when field is in use.
[6]
Low-voltage landscape lighting, but such lighting shall be shielded
to eliminate glare and light trespass.
(2)
All light standards shall comply with NMSA 1978, §§ 74-12,
Night Sky Protection.
A.
Utility and pedestrian easements. The purpose is to ensure that easements
provide adequate space for utilities and pedestrian access. This section
also ensures that the easements are located in a manner appropriate
to their zones and development intensities. This is accomplished by
ensuring that:
B.
Location. New, dry utilities shall be below ground for subdivisions
greater than five parcels.
C.
Wet utilities. Wet utilities shall be located only outside a thoroughfare right-of-way if the Zoning Administrator approves an administrative variance where the terrain or topography is not practical to serve an area otherwise; see § 350-207C, Administrative variances. Wet utility laterals shall be coordinated with landscaping and public lighting.
D.
Transformers and utility pedestals. Transformers and utility pedestals
shall be located behind building frontage and outside private frontage
and shall be screened from view of the sidewalk or the street, if
appropriate.
E.
Existing overhead utilities. For properties with existing overhead
utilities:
(1)
Dry utility services shall be placed below ground from the pole
to any new structure;
(2)
Where possible, transformers and utility pedestals shall be
located behind principal building frontage;
(3)
Reservation of an easement for future below-ground placement
of utilities shall be required;
(4)
Utility poles that prohibit the construction of an unobstructed
five-foot pedestrian sidewalk shall be relocated to permit such a
sidewalk; and
(5)
Additional building setbacks within a private frontage for the
overhead utilities may be required.
F.
Properties without rear alleys.
H.
Terminated vista. Transformers and utility pedestals shall not be
located at terminated vistas.
I.
Alleys and rear lanes. Alley and rear lane easement configurations
are specified in the Table 6.5, Development Intensity (DI) and Transect
Zone Thoroughfare Cross Sections.
J.
Pedestrian access easements. Pedestrian access easements in the form
of pedestrian trails and paths shall be configured as follows:
A.
Preapplication process, data requirements.
(1)
Sketch plan. A sketch plan shall be prepared by the subdivider
which shows the proposed thoroughfares, blocks and lots with estimated
dimensions and other relevant site information. The location of the
proposed subdivision must be adequately described on a general map
of the area.
(a)
Additional information. In addition to the sketch plan and location
map, the subdivider shall provide the following information:
[1]
Name and mailing address of the subdivider and designated agent,
if any.
[2]
Name of the owner or owners of land to be subdivided.
[3]
Parcel ID number and accompanying map from the Doña Ana
County Assessor's Office.
[4]
A description of surrounding land uses.
[Amended 12-8-2020 by Ord. No. 317-2020]
[5]
Accessibility of site to roads and utilities.
B.
Preliminary plat, application specifications. Documentation for preliminary
plat review shall include the following:
(1)
A completed application for preliminary plat review and the
following in the formats, numbers and specifications indicated in
the application:
(b)
Water supply plan including the water supply source, water quantity
demand, conservation, water quality and fire protection components.
(c)
Liquid waste disposal plan.
(d)
Solid waste disposal plan.
(e)
Documentation of legal status and general description of the
condition of the accessibility of the site to roads and utilities.
(f)
If the subdivision is intended to be a phased, a phasing plan,
phasing schedule, a schedule of improvements shall be provided. This
shall also indicate the intended disposition of blocks and areas to
be zoned or mapped within them and optionally, the intended lots in
subsequent phases.
(g)
Terrain management plan.
(h)
Cultural properties protection statement.
(i)
Disclosure statement. The disclosure statement shall provide
sufficient documentation to permit the prospective purchaser, lessee
or other person acquiring an interest in subdivided land to make an
informed decision about the purchase, lease or other conveyance of
the land.
(j)
If the subdivision requires the construction of the public water
supply system or community liquid waste system, documentation that
the New Mexico Environment Department has approved the proposed work.
C.
Preliminary plat, map specifications. The preliminary plat map shall
be drawn by a professional surveyor licensed in New Mexico at a scale
of 200 feet to one inch or larger and printed on sequentially numbered
sheets. The cover sheet shall include a vicinity map indicating the
location of the proposed subdivision. The preliminary plat shall include
the following: Preliminary plat, map specifications. The preliminary
plat map shall be prepared at a scale of 200 feet to one inch or larger
and printed on sequentially numbered sheets. The cover sheet shall
include a vicinity map indicating the location of the proposed subdivision.
The preliminary plat shall include the following:
[Amended 12-8-2020 by Ord. No. 317-2020]
(1)
Title, scale, North arrow and date.
(2)
Existing topography.
(3)
Existing and proposed boundary lines in bearings and distances
for the subdivision.
(4)
Proposed lot lines with lot and block numbers and approximate
acreage of each lot.
(5)
The location, dimensions and purpose of existing and proposed
easements.
(6)
Names and right-of-way widths of existing and proposed thoroughfares
on and adjacent to the subdivision.
(7)
Identification of thoroughfare type per Table 6.4.
(8)
Calculation of maximum block face dimension per Table 4.1, Maximum
Block Face Length.
(9)
Locations, dimensions and purpose of any land to be dedicated
to public use, including any improvements to be made to that land.
(10)
Location of subdivision in relation to an established benchmark
including a vicinity map.
(11)
Location of archaeological, historical or culturally significant
features on the site.
(12)
Delineation, if applicable, of any one-hundred-year floodplain
as designated by the Federal Emergency Management Agency.
(13)
Names and addresses of the owner or owners of land to be subdivided,
the subdivider if other than the owner and the land surveyor.
(14)
Legal description, indicating the range, Township and section
within which the subdivision is located, if applicable.
D.
Preliminary plat, support data requirements. The supporting documentation
required for the preliminary plat review is intended to provide sufficient
information to demonstrate to the Zoning Administrator, P&Z and
the BOCC to determine whether the following are true:
(1)
Water quantity is sufficient to fulfill the maximum annual water
requirements of the subdivision including water for indoor and outdoor
domestic uses.
(2)
Water is of an acceptable quality for human consumption and
measures are taken to protect the water supply from contamination.
(3)
There is a means of liquid waste disposal for the subdivision.
(4)
There is a means of solid waste disposal for the subdivision.
(5)
There are satisfactory roads to each parcel including entry
and exit for emergency vehicles and there are appropriate utility
easements to each parcel.
(6)
Terrain management protects against flooding, inadequate drainage, erosion and meets the requirements of the Development Construction Standards. See Article VI, Development Construction Standards.
(7)
There are protections for cultural properties, archaeological
sites and unmarked burials that may be directly affected by the subdivision
as required by the Cultural Properties Act. See the Cultural Properties
Act, NMSA 1978, §§ 18-6-1 et seq.
(8)
The subdivider can fulfill the proposals contained in the disclosure
statement for the subdivision.
(9)
That the subdivider can ensure that the subdivision will result
in an adequate network of thoroughfares serving a set of clocks that
are each designed with sufficient dimensions to ensure that the resulting
lots will be legal for their intended land uses.
(10)
The subdivision will conform to these regulations and to the
New Mexico Subdivision Act (see NMSA 1978, §§ 47-6-1
et seq.).
E.
Phased subdivisions. Subdivisions that are proposed to be phased and filed in multiple final plats shall include in the application package an anticipated phasing schedule for the final plat and a schedule of infrastructure improvements. A master plan per Article II may be required.
G.
Final plat, map specifications. The final plat shall be prepared
at a scale of 200 feet to one inch or larger and shall be drawn by
a professional surveyor licensed in New Mexico on durable reproducible
stock with north orientation and shall include the following information:
(1)
Name of subdivision, scale, North arrow, equivalent scale, graphic
scale, date of field work and date of certification.
(2)
Description of all monuments found or set and basis of bearing
used in the survey in accordance with the current minimum standards
for surveying in New Mexico and subsequent advisory opinions issued
by the New Mexico Board of Registration for Professional Engineers
and Land Surveyors.
(3)
Tract boundary lines, easements and right-of-way lines and property
lines of lots and other sites dimensioned to 0.01 foot in length and
one second of arc in direction with curve data to include the radius,
central angle, length and chord dimensions.
(4)
Easements and rights-of-way providing evidence of legal access
and utility easements to the subdivision from off-site: name, right-of-way
width and center-line data of each road or other right-of-way within
the subdivision; if the access is based upon an agreement, the recording
data in the land records for the agreement including type of deed,
book number, page number and filing date.
(5)
Recording data of the instrument of title of the subdivision
to include owner of record, type of deed, book and page number; recording
data of all adjoining tracts to include owner of record, type of deed,
book and page number, or if adjoining lots or parcels are in an existing
subdivision, lot and block of existing recorded subdivision with plat
book and page.
(6)
Location, dimensions and purpose of all easements including
irrigation easements and dedicated public site.
(7)
Number of each parcel in progression with its dimensions and
the dimensions of all land dedicated for public use.
(8)
Delineation of any one-hundred-year floodplain as designated
by the Federal Emergency Management Agency or other drainage studies
conducted or available through the Office of the Flood Commission
with base flood elevation for all lots within the flood hazard zone.
(9)
Names of the owner or owners of the subdivision at the time
of plat filing.
(10)
Certification of a surveyor registered in New Mexico stating
the survey and plat meet the minimum standards for surveying in New
Mexico.
(11)
Legal description including the section, Township and range
within which the subdivision is located, if applicable.
(12)
Reference to any subsequent pages which contain details of any
major elements contained in the subdivision plant.
(13)
Legend describing the graphical elements of the plat.
[Amended 12-8-2020 by Ord. No. 317-2020]
(14)
Any general notes which are needed to explain any unusual features,
inclusions or circumstances regarding the plant.
(15)
Certification block for BOCC Chairperson and attest space for
County Clerk.
(16)
Certification block for representatives from all appropriate
utility companies.
(17)
Vicinity map to locate subdivision showing relationship to existing
roadways, municipalities and other landmarks.
(18)
Outlots or parcels other than lots, streets or easements shall
be designated with disposition indicated in the note section; location
of land intended to be converted or reserved in the deeds for the
use of all property owners in the proposed subdivision shall be so
identified; purpose of each outlot and responsibilities for maintenance
of all tracts shall be noted.
(19)
Recording information for the Doña Ana County Clerk.
H.
Guarantees, representations and conformance.
(1)
Affidavit. The final plat shall contain a statement that the
land being subdivided is subdivided in accordance with the final plat.
The final plat shall be acknowledged by the owner at the time of plat
filing and subdivider or their authorized agents in the manner required
for the acknowledgment of deeds. Every final plat submitted to the
County Clerk shall be accompanied by an affidavit of the owner and
subdivider or their authorized agents stating whether or not the proposed
subdivision lies within the subdivision regulation jurisdiction of
the County. 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.
(2)
Dedication. The final plat shall contain a certificate stating
that the BOCC has accepted, accepted subject to improvement or rejected
on behalf of the public any land offered for dedication for public
use in conformity with the terms of the offer of dedication.
(4)
Land Sales Act. Any subdivider who has satisfied the disclosure
requirement of the Interstate Land Sales Full Disclosure Act (15 U.S.C.
§ 1701 et seq. and 12 CFR Parts 1010, 1011 and 1012) may
submit the approved statement of record in lieu of the disclosure
statement required by the New Mexico Subdivision Act. However, any
information required in the New Mexico Subdivision Act and not covered
in the subdivider's statement of record shall be attached to the statement
or record.
(5)
Environment Department approval. For any subdivision requiring
construction of a public water supply system or a community liquid
waste system, documentation of approval from the New Mexico Environment
Department shall be required for final plat approval.
(6)
Opinion of the State Engineer. Before approving the final plat
for a subdivision, the BOCC shall require that the subdivider provide
an opinion from the Office of the State Engineer stating: (1) whether
the subdivider can furnish water sufficient in quantity to fulfill
the maximum annual water requirements of the subdivision including
water for indoor and outdoor domestic uses; and (2) whether the subdivider
can fulfill the proposals in the disclosure statement concerning water,
except water quality. The BOCC may elect not to approve the final
plat if the State Engineer has not issued a positive opinion for the
subdivision water use.
(7)
Agriculture. Subdividers are required to disclose to purchasers
that New Mexico law includes the "Right to Farm Act" (NMSA 1978, §§ 47-9-1
through 47-9-7). According to this law "any agricultural operation
or facility is not, nor shall it become, a private or public nuisance
by any changed condition in or about the locality of the operation
or facility, if the operation was not a nuisance at the time it began
and has been in existence for more than a year." The Right to Farm
Act includes, but is not limited to, operations and facilities within
the farm or ranch such as chemical application, field preparation,
irrigation, cultivation, conservation practices, pruning, plowing,
planting, roadside markets or any other use of the land for the production
of plants, crops, trees, forest products, orchard crops, livestock,
poultry or fish.
(8)
Improvement guarantees. If the subdivider wishes to submit the
final plat for review, approval and recording before completion of
required improvements, the subdivider shall post a suitable improvements
guarantee in an amount approved by the County. The guarantee shall
be not less than 125% of the estimated cost of the required improvement.
This guarantee may be by development agreement, bond, letter of credit,
escrow deposit or other method acceptable to the BOCC.
(9)
One-year construction warranty. All subdivisions shall be insured
by a one-year warranty of improvements which shall obligate the subdivider
to repair to County standards any improvements which fail within one
year of the County's final inspection of construction in the subdivision.
In order to ensure compliance with this regulation, all work performed
in the construction of roads and drainage rights-of-way of a subdivision
shall be subject to a warranty binding the subdivider to such terms
as are mentioned above. This warranty shall be in the format included
in the appendix of these regulations (see Appendix B).[2]
(10)
Release of collateral. If the subdivider files a construction
letter of financial assurance and indemnity agreement for improvements
within the subdivision and wishes to draw on that letter of financial
assurance, the following procedure shall be applied:
(a)
As any phase of construction within a subdivision is completed
but no more frequently than once a month and at least 10 days before
the release can be accomplished, the subdivider may submit to the
Zoning Administrator a letter requesting partial release of funds
from a letter of financial assurance. A request for release shall
contain the following information:
[1]
Description of the work including quantities of
materials used in the component parts of the work for which the partial
release is being requested.
[2]
Dollar amount, including unit prices for each element
in the description of work.
[3]
Percentage of the total amount of work involved
in the subdivision represented by the requested release.
[4]
Total dollar amount requested for release.
[5]
Balance of dollars remaining in the County's control
of the letter of credit.
[6]
Balance of dollars required to complete the subdivision's
improvements.
(b)
Component parts of the work for which partial releases may be
requested include but are not limited to the following:
[1]
Earthwork consisting of clearing and grubbing;
removal of structures and obstructions; excavation, borrow and embankment
work; subgrade preparation; construction of pads.
[2]
Base work consisting of base course and subbases;
other approved bases.
[3]
Surface treatments and pavements: hot mix, prime
coats, bituminous surface treatments; other approved pavements.
[4]
New structures and constructions, including concrete,
steel and wood structures; culverts and storm drains; contour ditches;
rip-rap; guardrails; fences; sidewalks and media improvements; curbs
and gutters; cattle guards; irrigation ditches; drop inlets; utilities;
retaining structures; walls and monuments.
[5]
Traffic control devices: signs and support structures;
pavement markings; signal and lighting structures.
(11)
Within 10 working days of receiving a request for release of
collateral, the Zoning Administrator shall forward such request to
the Engineering Services Department. Within five working days of receiving
the request for release, the Engineering Services Department shall
submit a letter to the Zoning Administrator in conformance with the
requirements of this chapter.
(12)
Within 15 days of receiving a request for the release of collateral,
the Zoning Administrator shall notify the applicant of the County's
acceptance of the contents of the request or, in case of a rejection
of the request, shall return the request and a letter stating the
County's reasons for not releasing funds from the letter of credit
to the applicant; in case of a rejection by the County of a request,
the developer may correct the application and resubmit it to the County.
(13)
In reviewing the request, the County Engineer shall determine
what portion of the construction for which the subdivider is requesting
a partial release has been completed and does meet the development
construction standards or what portion of the construction for which
the subdivider is requesting a release can reasonably be expected
to be completed during the calendar month in which the release is
requested and shall within five working days of receipt of the request
forward to the Zoning Administrator a response in the form of a letter
of completion and acceptance or partial completion and acceptance
identifying the work accepted for release, the dollar amount recommended
for release, the percentage of the total amount of the letter of credit
covered by the release and the total dollar amount remaining in the
letter of credit.
(14)
A recommendation of payment shall be based on the County Engineer's
review of the application accompanying data and on-site observations
of work in progress and shall constitute the County's agreement that
the work as progressed to the point indicated in the recommendation
of payment and that, to the best of the County Engineer's knowledge,
information and belief, the work quality is in accordance with the
contract documents, the Development Construction Standards and the
approved plans for the subdivision being constructed.
(15)
The County staff may refuse to recommend the whole or any part of any requested release if the Engineering Services Department finds that the work does not meet the criteria listed in § 350-407H(14) above. The County may also reduce subsequent releases for any amount required to correct defective work or to complete work for which a release has been permitted if subsequently discovered evidence or the results of subsequent inspections or tests show that the work does not meet the criteria listed in § 350-407H(14).
(16)
In the event that any subsequent natural occurrence or action
by the developer causes changes to the completed work which results
in it falling below the development construction standards, the dollar
amount required to bring the completed work back to County standards
shall be held back from succeeding releases until such time as the
damage has been eliminated and the completed work once again meets
the development construction standards.
(17)
Within seven days of receiving a letter of completion and acceptance
or of partial completion and acceptance from the Engineering Services
Department, the Zoning Administrator shall inform the developer and
the developer's lending institution in writing of the release of funds,
specifying the amount released, what work is represented by the release
and previous amounts released and the balance remaining in the letter
of credit. The Zoning Administrator shall also request that the lending
institution provide a written response verifying its receipt of the
release letter, verifying the accuracy of the contents of the release
letter and describing its actions regarding the release of funds.
(18)
At the time when all required work in the subdivision is complete
and the developer has satisfied all contractual requirements within
the subdivision to meet the County's standards, the County Engineer
shall write a letter to the Zoning Administrator indicating satisfaction
and acceptance of performance by the developer and contractor and
acceptance of a 75% release of the funds remaining in the letter of
credit. Upon receipt of the Engineer's letter and upon receipt of
the developer's letter of request of release of funds from the letter
of credit, the Zoning Administrator shall, within seven days, inform
the developer's lending institution in writing of the release of funds,
specifying the amount released, that the work represented by the release
is the final work in the subdivision, and the balance remaining in
the letter of credit shall be 25% of the value which shall be held
until successful completion of the warranty period. The Zoning Administrator
shall also request that the lending institution provide a written
response verifying its receipt of the released letter, verifying the
accuracy of the contents of the release letter and describing its
actions regarding the release of funds.
(19)
Upon the successful completion of the warranty period, the County Engineer shall write a letter to the Zoning Administrator indicating satisfaction and acceptance of performance by the developer and contractor and acceptance of final release of the funds remaining in the letter of credit. Upon receipt of the Engineer's letter and upon receipt of the developer's final letter of request of release of funds from the letter of credit, the Zoning Administrator shall, within seven days, inform the developer's lending institution in writing of the release of funds, specifying the amount released, that the work represented by the release is the successful completion of the warranty and the balance remaining in the letter of credit shall be $0. The Zoning Administrator shall also request that the lending institution provide a written response verifying its receipt of the released letter, verifying the accuracy of the contents of the release letter and describing its actions regarding the release of funds. Financial assurances shall be released following construction of required improvements including testing and inspection, in accordance with the requirements of Article II.
