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Doña Ana County, NM
 
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Table of Contents
Table of Contents
The purpose of this article is to ensure that development is outside of hazardous areas and creates no new hazards, and that the form of development and its infrastructure is compatible in design and engineering with the balance of this chapter.
A. 
Permits. Construction permits shall be required pursuant to Table 6.1, Construction Permits. Applications shall be made by the property owner or owner's authorized representative (permittee), who shall represent all parties of interest. The County may refuse to accept a permit application when relevant information is missing or there is no written evidence of the ownership of the property surface rights provided in the application. The applicant shall be notified when information is missing from the application.
B. 
Department review. All permits required for any development shall be approved by the designated County review department(s) listed in Table 6.1, Construction Permits.
C. 
Expirations. Every permit issued by the County under the provisions of this article shall expire by limitation and become null and void if the construction or work authorized by such permit is not commenced within 60 days from the date of such permit or as specified in Table 6.1, Construction Permits. The permit shall also expire if the construction or work authorized by such permit is suspended or abandoned any time after the work is commenced for a period of 90 days. After 90 days, a new permit shall be obtained and the fee shall be 1/2 of the original permit; and provided, further, that such suspension or abandonment has not exceeded 180 days. After 180 days of inactivity, a new permit shall be obtained.
(1) 
Any resident holding a current permit may apply for an extension of time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The County may extend the time for action by the permittee for a period not exceeding 90 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
D. 
Suspension or revocation. The County may, in writing, suspend or revoke a permit issued under the provision of this article whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of an ordinance or regulation or any provisions of this article.
Table 6.1 Construction Permits
Permit Type
County Review Department
Review Time
Expiration
Inspection
Access permit
Engineering Services
10 working days after acceptance of complete application.
Within 6 months of issuance.
Engineering Services
For access permit specifications, see § 350-601E
Floodplain development permit
Flood Commission
30 working days after acceptance of complete application.
Within 1 year of issuance.
Building Services
For development permit specifications, see § 350-601G
Grading permit
Engineering Services and Flood Commission
15 working days after acceptance of complete application.
Within 180 days of inactivity and per § 350-602D below.
Engineering Services
For grading permit specifications, see § 350-601H
E. 
Access permits. Applications shall be made pursuant to Table 6.1, Construction Permits.
(1) 
Permit application forms for nonresidential or multifamily parcels. Completed permit application forms shall be submitted to the Engineering Services Department (ESD). The permit application shall include the following:
(a) 
Thoroughfare and driveway plan and profile; drainage plan of the site showing impact to public right-of-way, development, wildlife corridors and the adjacent parcels; alternative site design may also meet this requirement if design strategies include integrated features;
(b) 
Map and letters delineating utility locations before and after the construction of access in and along the thoroughfare;
(c) 
Subdivision, zoning or development plan, if applicable;
(d) 
Property map indicating other access and adjacent public roads and thoroughfares;
(e) 
Proposed access design;
(f) 
The intended use of the property;
(g) 
Site threshold analysis, if required;
(h) 
A professional engineer, licensed in the state of New Mexico, prepared and certified traffic control plan, if applicable, in conformance with the Manual on Uniform Traffic Control Devices for Thoroughfares and Highways, as amended;
(i) 
Grading permit application, if required; and
(j) 
Erosion control measures or alternative stormwater control measures (SCM).
(2) 
Permit application forms for a single-family or common driveway parcel. Completed permit application forms shall be submitted to the ESD. The permit application shall include the following:
(a) 
Thoroughfare and driveway plan and profile; drainage plan of the site showing impact to public right-of-way, development, and the adjacent parcels;
(b) 
Map and letters delineating utility locations before and after the construction of access in and along the thoroughfare;
(c) 
Property map indicating other access and adjacent public roads and thoroughfares;
(d) 
Grading permit application, if required; and
(e) 
Erosion control measures, or alternative stormwater control measures (SCM) if required.
(3) 
Application review procedures. The review period begins with the acceptance of a complete permit application by the appropriate County-designated representative.
(a) 
Transmittal of a completed permit, approved by the ESD, or transmittal of a denied application constitutes action on the permit application.
(b) 
If the ESD denies an application, the ESD shall provide the applicant a copy of the application marked "denied," along with any attachments and a written explanation for the decision.
(c) 
If the ESD approves an application permit, the permit shall be prepared and transmitted to the applicant along with any additional terms and conditions established by the ESD. If the permittee does not agree to all terms and conditions of the permit, the permit shall be deemed denied.
(d) 
The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used for vehicular access. In accepting the permit, the permittee agrees to all terms and conditions of the permit. Should the permittee choose to appeal a denied application, or the terms and conditions of a permit, the appeal shall be filed within 30 days of the date of transmittal of the notice of denial of transmittal of the permit.
(4) 
Construction requirements.
(a) 
The permittee shall notify the ESD of the pending construction at least five working days prior to any construction in a County right-of-way.
(b) 
Work shall be performed by an appropriately licensed contractor and insured in the State of New Mexico.
(c) 
The ESD may inspect the access during construction and upon completion of construction to ensure that all terms and conditions of the permit are met. Property required for access improvements may be required to be dedicated, and if so shall be dedicated without cost to the public.
(d) 
The access construction as required by the terms and conditions of the permit shall be completed at the expense of the permittee. The County may bill the permittee for direct costs and labor provided by the County for the installation and relocation of all traffic control devices within the public right-of-way directly related to the use of the permitted access. Where construction of access requires the reconstruction of the existing thoroughfare, the County shall require the contractor or permittee to post a bond in an amount sufficient to ensure completion of the work.
(e) 
The hours of operation/work on or immediately adjacent to the thoroughfare may be restricted due to peak-hour traffic demands and other pertinent thoroughfare operating restrictions. Generally, the hours of operation/work shall be limited to daylight hours, Monday through Friday.
(f) 
A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be ordered by the County to meet unanticipated site conditions and noted on the permit documents.
(5) 
Illegal access to the thoroughfare. The County may install barriers across or remove any access that provides direct access to a County road that is constructed without an access permit or used in violation of this article or permit terms and conditions.
(6) 
Improvements to legal access. The permittee may make physical improvements to an access with the permission of the County. The applicant shall use the access permit pursuant to § 350-601E. Review and processing of the permit application will be in accordance with this article.
(7) 
Revocations. Where a property is being redeveloped, reconstructed, or its basic vehicular usage changed, the owner shall apply for a new access permit and reconstruct the driveways to comply with this article.
F. 
Erosion control best management practices.
(1) 
Description. Best practice will integrate project features that emphasize protection of watershed function through replication of predevelopment runoff patterns (rate, volume, duration).
(2) 
Method. Best practice will integrate construction methods and engineering practices. Best practice will include natural features of the landscape and engineered solutions (e.g., infiltration and water storage) to treat, manage, and control stormwater on-site to reduce erosion. Best practices should be coordinated with ESD and CDD staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
G. 
Floodplain development permit. A floodplain development permit may be required, in accordance with National Flood Insurance Program (NFIP), if the proposed development is all or partially located within a FEMA special flood hazard area as defined in § 350-604. The Flood Commission Director shall determine if a floodplain development permit is required and shall appoint a Floodplain Administrator to review. When appropriate, a floodplain development permit shall be issued.
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
Application review procedures. The review period begins with the acceptance of a complete permit application by the Floodplain Administrator or designee. A record of all information shall be maintained. Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this article and the following relevant factors:
(a) 
Plans in duplicate drawn to scale showing the location.
(b) 
Dimensions.
(c) 
Elevation of proposed landscape alterations.
(d) 
Existing and proposed structures, including the placement of manufactured homes.
(e) 
Location of the foregoing in relation to areas of special flood hazard.
(f) 
Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures.
(g) 
Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed.
(h) 
A certificate from a registered professional engineer or surveyor that the nonresidential floodproofed structure shall meet the floodproofing criteria of § 350-604G(2).
(i) 
Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development or description of alternative integrated methods considering natural and built drainage systems.
(2) 
Application review procedures. The review period begins with the acceptance of a complete permit application by the Floodplain Administrator or designee. A record of all information shall be maintained. Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this article and the following relevant factors:
(a) 
The danger to life and property due to flooding or erosion damage.
(b) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(c) 
The danger that material may be swept onto other lands to the injury of others.
(d) 
The compatibility of the proposed use with existing and anticipated development.
(e) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(f) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of thoroughfares and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems.
(g) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(h) 
The necessity to the facility of a waterfront location, where applicable.
(i) 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
(j) 
The relationship of the proposed use to the Comprehensive Plan, all other relevant drainage plans and master plans for that area.
(3) 
Grading and predevelopment best management practices.
(a) 
Description. Best practice will preserve existing natural features to reduce cost associated with erosion, revegetation, and dust control.
(b) 
Methods. Best practice will include natural drainage, topography, rock outcroppings, and native plant areas which can be preserved, and serve as detention areas to promote on-site benefits of water resources. Best practices should be coordinated with EDS and CDD staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
H. 
Grading permit. Any person required under § 350-605 to submit a grading permit shall apply to the County prior to the issuance of a building or construction permit by an appropriately licensed contractor in the State of New Mexico and shall meet the minimum requirements of this article, as determined by ESD. The application will be signed by the owner of the property where the work is to be performed or by his/her duly authorized representative. The applicant shall ensure that all application data is correct. Any falsification of application data shall invalidate the permit.
(1) 
Permit application. A grading permit shall be issued by the County based on the following:
(a) 
Submittals shall be prepared and certified by a New Mexico professional engineer.
(b) 
Grading permits shall be reviewed by the ESD and the Flood Commission and issued based upon approved final subdivision plats, building or such other site improvement plans as necessary for development of the property on which such permit is required.
(c) 
Removal of more than 50 cubic yards shall require disclosure of disposal site.
(d) 
On-site processing of material is limited to those used for preparation or construction of improvements within the site covered by the grading permit.
(e) 
A grading plan shall show drainage control methods and shall control dust and erosion if an erosion control plan is not required per § 350-605D, Erosion control plan (ECP).
(f) 
A drainage report, as outlined in § 350-605I, Drainage report, shall be required if one of the following conditions, or other drainage susceptible conditions as determined by ESD or the Flood Commission, apply:
[1] 
The average slope across the property is greater than 4%;
[2] 
The site lies within a FEMA special flood hazard area;
[3] 
Thoroughfare improvements are proposed; or
[4] 
There is any alteration of a watercourse or an introduction of an obstruction or structure.
(g) 
The grading permit shall only be issued in conjunction with a complete set of approved construction plans.
(2) 
Every application will contain the following information:
(a) 
Location, nature and extent of the proposed work and a general statement as to the intended use of the site.
(b) 
The names, addresses and phone numbers of the owner(s) of record of the property on which the work is to be performed.
(c) 
The names, addresses and phone numbers of the persons, contractors, or organizations that will perform the work and of the person who will be in effective control of the work.
(d) 
For all roads or other excavations where the volume of earth to be moved exceeds 1,000 cubic yards, a cut and fill map showing the height of cuts and fills at a maximum of fifty-foot intervals and at any major breaks in the terrain shall be required.
(e) 
Time frame for work to start and to be completed.
(f) 
Any additional related information required by the County that may be reasonably required to carry out the purpose and intent of this article.
(3) 
An application for a grading permit shall include a topographic and boundary survey and grading plan, prepared and certified by a NMPE, with elevation contours shown at not more than two-foot intervals on slopes up to 30% and five-foot intervals on slopes greater than 30% that shows:
(a) 
Contour mapping shall extend a minimum of 500 feet beyond the development boundaries;
(b) 
Location and finished floor elevation (FFE) of all existing structures;
(c) 
All areas with slopes 0% to 20%, 21% to 30%, and 31% and greater, differentiated through shading, tone, color or line weight, as well as vertical and horizontal data;
(d) 
A permanent benchmark noted on the plan and approved by the ESD shall be used in determining the location of improvements within the development. Both horizontal and vertical datum are required. A tie to a section corner or other known, accepted and approved monuments are required;
(e) 
All areas to be graded on the site and the final contours to be achieved by the grading;
(f) 
All finished floor or grade elevations;
(g) 
The location of temporary erosion structures and methods used, including staging and stockpile areas, unless an erosion control plan is included within submittal;
(h) 
All pertinent drainage information, including but not limited to drainage flow arrows, flow rates, volumes, proposed inflow and outflow points for runoff from the study area showing both the pre- and post-development conditions;
(i) 
All facilities for control and disposition of stormwater runoff;
(j) 
Descriptions to include all pertinent information (e.g., size, slope, material, etc.) of existing irrigation and drainage facilities and structures shall be submitted, such as ditches, drainageways, gutters and culverts and shall include all pertinent information such as size, slope and material;
(k) 
Development limits and individual lots, including building envelopes, footprints, or pads if applicable, rights-of-way, easements, and proposed thoroughfare improvements;
(l) 
One hundred twenty-five percent of the differential runoff between predevelopment and post-development conditions shall be retained/detained in ponding areas;
(m) 
All significant trees and areas with substantial grass coverage to be removed;
(n) 
A construction schedule when the project will be developed in phases;
(o) 
The location of fencing around the areas to be protected;
(p) 
The ratio of horizontal to vertical measurement for cut and fill slopes;
(q) 
The total volume, in cubic yards, of earth to be moved;
(r) 
All existing disturbed areas; and
(s) 
FEMA flood hazard areas and FIRM information.
(4) 
Applicants shall comply with the Environmental Protection Agency (EPA), the Federal Emergency Management Agency (FEMA), New Mexico Environment Department (NMED), the United States Army Corps of Engineers (USACE), Office of the State Engineer (OSE), or as applicable by law. It is the responsibility of each applicant to determine whether additional notification or permitting is required.
(5) 
Liability insurance required; hold-harmless agreements. General liability insurance shall be required as a condition for issuance of a grading permit.
(a) 
Procurement and maintenance of such liability insurance policy shall be the sole responsibility of the applicant.
(b) 
Before any grading permit is issued, the applicant shall attach to the application a copy of a current certificate of insurance as evidence of general liability and contractual insurance. The minimum limit of liability shall be $300,000 combined single limit. Such policy certification shall provide that the insurance cannot be canceled or the limit of coverage reduced without 30 days' prior written notice to the County. Failure to provide the insurance certification or failure to meet the minimum liability insurance requirements will result in no permit being issued. Should the liability insurance policy expire or be canceled, the County shall revoke any outstanding grading permit under such policy.
(c) 
The applicant shall be required to enter into a hold-harmless agreement with the County protecting the County, any of its departments, agencies, officers, or employees from all cost, injury and damage incurred by the applicant and from any other injury or damage to any person or property whatsoever caused by any activity, conduct, or event arising out of any act authorized by the permit. The County shall provide the approved form for this hold-harmless agreement.
(6) 
Application review procedures. The review period begins with the acceptance of a complete permit application by the appropriate County-designated representative.
(a) 
The grading permit will be issued by the County upon verification and approval of the information contained within the permit application.
(b) 
The County can refuse to issue any grading permit whenever the proposed grading is contrary to the provisions of this article.
(c) 
If any person does any grading or otherwise disturbs the ground cover of any property within the County without a grading permit, he/she shall apply for a grading permit and shall be subject to a triple permit fee.
(d) 
All permits issued shall expire per Table 6.1 and § 350-602D above. Typically within one-year of issuance of the permit with a maximum of a one year extension, provided extension is requested prior to the expiration of the initial permit.
(7) 
[1]Removing hazardous conditions.
(a) 
If the County finds that the grading (either completed or in progress) is causing a hazard to persons or property, it shall notify the owner or his authorized representative and require that the hazard be removed or eliminated as soon as practicable, depending upon the degree of urgency with the hazard involved. If such action is not completed within the time limit stated within the notice, the County may require that reasonable temporary protective measures be provided in the interim.
(b) 
If materials are washed or accumulated upon thoroughfares, lanes or other public property as a result of improperly controlled grading of higher or adjacent lands, the County shall notify the owner or his authorized agent to remove such material and restore the thoroughfares, lanes or public property to their original condition within 24 hours. Failure to comply with such notice shall be a violation of this article.
(c) 
If the owner fails to comply with such notice as provided in § 350-601H(a) or (b) above, the County may authorize the work to be done by County resources or by contract. A report shall be prepared for the BOCC covering the actual cost of doing the work. After notice and an opportunity to be heard, the BOCC may, by resolution, determine the actual cost of doing the work and declare this amount, plus the cost of recording the resolution, to be a personal liability of the owner of the land and a lien on the land, payable within 10 days after adoption of the resolution, and thereafter bearing the simple annual interest at a rate of 12% until paid. A copy of the resolution, authenticated by the acknowledgement of the County Clerk, shall be filed for record in the office of the County Clerk. Notice of the hearing before the BOCC shall be in writing and delivered in person or sent by certified mail with return receipt requested to the owner and to holders of recorded liens on the property. If, after reasonably diligent efforts, the person to be notified of such hearing cannot be found, notice may be given by one publication in a newspaper of general circulation within the County.
(d) 
Materials from a grading site that are spilled or deposited onto public thoroughfares shall be removed by the contractor or permittee on the same day. Whenever ramps are required to cross County rights-of-way, approval shall be obtained.
[1]
Editor’s Note: Former Subsection H(7), regarding grading on holidays and weekends, was repealed 11-14-2017 by Ord. No. 294-2017, which ordinance also provided for the renumbering of former Subsections H(8), (9) and (10) as Subsections H(7), (8) and (9).
(8) 
Responsibilities of landowner or authorized representative. Under this article, the landowner or his authorized agent will be responsible for:
(a) 
Obtaining a permit, if required, for any grading.
(b) 
Obtaining the services of a professional engineer, licensed to practice in the State of New Mexico.
(c) 
All the legal duties, obligations or liabilities incident to ownership of the property while the work of grading is in progress or after the completion of the work. Neither the issuance of a permit nor the compliance with the provisions of this article shall relieve any person or owner from any responsibility for damages to persons or property otherwise imposed by law, nor impose any liability upon the County, or any official of the County, for such damages.
(d) 
Installing the appropriate devices, structures, landscaping and facilities and executing soil stabilization, erosion control, handling of materials in conjunction with any proposed grading so as to fulfill the intent and purpose of this article.
(e) 
The continued maintenance and repair of all retaining walls, cribbing, drainage facilities, slopes, landscaping, soil stabilization and erosion control measures and any other protective devices located upon his property and constructed pursuant to the permit.
(f) 
Applying for a grading permit to coordinate and obtain clearance from all utilities with a property interest within the boundaries of the permit. Failure to clear any such utility may result in an immediate suspension of the grading permit.
(g) 
Replacing any surveying and/or property monuments that may be disturbed during grading operations. Monuments shall be certified by a professional surveyor, licensed to practice in the State of New Mexico.
(h) 
Notifying New Mexico One Call within 48 hours of start of construction.
(9) 
Responsibility and authority of the County. The County, under the authority of this article, shall be responsible for:
(a) 
Reviewing all grading permit applications as submitted under the requirements of § 350-601H above and issuing or denying grading permits within 15 working days.
(b) 
Performing or obtaining all the appropriate tests and inspections to assure that the conditions of the permit and intent and purpose of this article have been fulfilled. Unforeseen testing requirements shall be the applicant's responsibility at the time of application.
(c) 
Imposing such conditions and specifications on the issuance and duration of the grading permit as may be reasonably necessary to cause the work to fulfill the intent and purpose of this article. These conditions and specifications shall include, but will not be limited to, the following:
[1] 
Interim and permanent soil erosion control and land management requirements, including provisions for:
[a] 
Disturbed soil surface treatments (emulsions, mulches, seeding, and the like);
[b] 
Protective drainage measures for surface drainage and subsurface water where required;
[c] 
Terracing and use of dikes and berms;
[d] 
Paving and other miscellaneous related measures;
[e] 
Retaining walls; and
[f] 
Approved development plans.
[2] 
Compaction requirements in cut and fill areas.
[a] 
Unstabilized slopes shall be no steeper than 6:1, unless a structural alternative or some other measures applying professional engineering standards are provided. Cut or fill for roads shall not exceed 15 feet in height;
[b] 
On-site cut slopes shall not exceed 10 feet in height. In no case shall the height of the cut exceed the height of the building;
[c] 
On-site fill slopes shall not exceed 15 feet in height. Retaining wall for fill slopes shall be no greater than 15 feet in height; or
[d] 
All cut and fill areas shall be compacted to no less than 95% as determined by ASTM D1557, modified proctor.
[3] 
Working procedures and safety requirements:
[a] 
Protective fencing;
[b] 
Excavation slope limitations, shoring and bracing in accordance with OSHA guidelines and procedures;
[c] 
Traffic control requirements concerning transportation of material on public ways;
[d] 
Limitations on the amount of area that may be disturbed by grading operations;
[e] 
Work scheduling requirements; and
[f] 
Stockpiling and reuse of topsoils.
A. 
Sidewalks.
(1) 
Sidewalks shall be required along all thoroughfares where the average lot size of adjacent lots are 1/2 acre or less in size. Sidewalks shall have a minimum width of four feet and as regulated further by Table 4.2, Minimum Width of Sidewalk Standards. All sidewalks shall have a minimum thickness of four inches.
[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]
(2) 
Sidewalks shall be constructed out of concrete or other materials accepted by ESD and shall be built at the time of thoroughfare construction unless access is for primary residential lot frontage.
(3) 
Thoroughfare lights, power poles, fire hydrants, thoroughfare signs or other types of obstructions shall not be permitted on the sidewalks or the designated walkway. If thoroughfare obstructions are in the way of proposed sidewalks, the obstructions shall be relocated prior to construction of the sidewalk.
(4) 
Table 6.9, Typical Urban Parkways. Sidewalks shall meet the requirements of the Americans with Disabilities Act.
B. 
Thoroughfare design guidelines. If a County design standard does not exist for a particular project, the New Mexico Department of Transportation standards, United States Department of Transportation standards, and the Institute of Transportation Engineers (ITE) Context Sensitive Solutions (CSS) shall apply.
(1) 
The applicant shall provide documentation proving that all roads to and within a development have unobstructed legal and physical access to an asphaltic surfaced municipal-, County- or state-maintained road(s). It is the developer(s) responsibility to construct the legal and physical access from the development to an asphaltic surfaced municipal-, County- or state-maintained road(s).
(2) 
The width for thoroughfares linking a development intensity or transect zone development to a County- or state-maintained road shall be regulated by Table 6.8, Thoroughfare Geometry.
(3) 
The width for thoroughfares linking a use zone development to a County- or state-maintained road shall be regulated by Table 6.8, Thoroughfare Geometry.
(4) 
The layout of principal roads within a development shall be designed to join to principal existing thoroughfares in adjoining areas and to serve adjoining areas. The width of the right-of-way in a development shall be sufficient to ensure that future development needs will not be limited by narrow rights-of-way, per the Mesilla Valley and El Paso MPOs.
(5) 
Centerlines of offset thoroughfares entering onto collector or arterial thoroughfares shall not be less than 400 feet apart.
(6) 
All roads shall be provided with adequate grades, lines-of-sight and drainage, including the conveyance of collected runoff, and culverts or dip sections for the lateral passage of flows. Easements external to a thoroughfare right-of-way section may be used for the conveyance and storage of storm runoff and utilities if water intrusion onto the right-of-way is mitigated via subsurface drainage.
(7) 
Thoroughfares shall intersect as nearly as possible at right angles, and in no case shall thoroughfares intersect at angles of less than 75° for local thoroughfares and 90° for collector and arterial thoroughfares.
(8) 
Thoroughfares should connect to other thoroughfares when possible, forming a network. Dead-end thoroughfares shall terminate in a cul-de-sac having a minimum radius of 50 feet for residential uses and 80 feet for nonresidential uses. Phased development or construction shall be provided with temporary turnaround easements with fifty-foot radii for residential and eighty-foot radii for nonresidential uses as necessary at the end of each phase, constructed with base course and prime coat, and may be vacated upon extension of the road within a subsequent phase. Turnarounds, in phased development, are not required on thoroughfares less than 150 feet in length.
[Amended 11-14-2017 by Ord. No. 294-2017]
(9) 
All roads proposed to be publicly maintained shall include dedication of adequate rights-of-way as identified in § 350-602D. Private thoroughfares and easements shall be allowed only in circumstances where a maintenance agreement and evidence of a properly created road easement is provided obligating individual landowners or homeowners' associations for maintenance of the private thoroughfares and/or easements. Easements and pavement widths and pavement sections for private thoroughfares and easements shall meet the requirements for public thoroughfares of similar function. In no case shall private thoroughfares be designed in such a way as to prevent access and/or passage of emergency vehicles.
(10) 
Controlling access parallel to thoroughfares, i.e., reserve strips, is prohibited.
(11) 
All construction within the right-of-way or easement shall meet all applicable provisions of § 350-602E and F. A deviation from the referenced standards will be allowed only when testing of the materials and/or methods used shows the deviation to be equal or greater in quality to that of § 350-602F and requires approval from ESD.
(12) 
All utilities within public rights-of-way or easements shall be coordinated with and comply with the requirements of the utility company or provider and Chapter 274, Use of Rights-of-Way, of the Doña Ana County Code, as amended.
(13) 
Concrete collars for valves and manholes are required where such valves and manholes fall within the County right-of-way.
(14) 
Header curbs are required to be used when the thoroughfares are not used to convey stormwater and the flows do not parallel the road.
(15) 
Public and private thoroughfares that exceed 1,500 feet in length require secondary access designed to the specifications required by this article. Private access roads/drives shall be platted easements and shall be a part of the lot facing the easement.
(16) 
Thoroughfare improvements shall be centered within the right-of-way or the easement unless considered a half-thoroughfare as allowed within this article.
(17) 
The minimum right-of-way radius at intersections shall be 25 feet at the property line for all thoroughfare classifications in use zones. Curb radii in a community type and transect zone shall be regulated per Table 6.2, Community Type or Transect Zone Curb Radii Dimensions. This table assigns lane widths and turning radii in community types and transect zones; see Table 6.5, Development Intensity or Transect Zone Thoroughfare Cross Sections.
Table 6.2 Community Type and Transect Zone Curb Radii Dimensions
CURB RADIUS
Design Speed
(mph)
Effective Turning Radius
(feet)
Rural
Low Intensity
Medium Intensity
High Intensity
15
10 to 15
NP
P
P
NP
20 to 25
15 to 20
P
P
P
P
30
20 to 30
P
NP
NP
NP
Note: P = permitted, NP = not permitted
(18) 
Where use zone residential subdivisions are proposed along collector or arterial thoroughfares that prohibit direct access to the thoroughfare, the developer shall provide an approved physical barrier, including but not limited to a solid wall or fence with landscaping along the right-of-way, which shall be built at the time of thoroughfare construction. The barrier shall conform to the clear sight triangle per Figure 6-1, Use Zone Clear Sight Triangle Illustration, and shall be properly maintained.
(19) 
All signage shall be constructed with U channel posts/anchors or other as approved by the ESD (NMDOT approved square posts/anchors may be acceptable), in accordance with the Manual of Uniform Traffic Control Devices, as amended.
(20) 
The design and construction of bicycle and pedestrian facilities is required for all thoroughfare cross sections.
(21) 
In areas of erosive soil characteristics in excess of a grade of 3%, an additional four feet of paving and Types A and B curb and gutter, see § 350-608, Design drawings, or a six-inch asphalt dike shall be required. In areas where this section applies, water shall be let out at the nearest natural or man-made stream or pond but shall not exceed the hydraulic carrying capacity of the road per Table 6.18, Street Capacity Criteria.
C. 
Clear sight triangles. The application of a clear sight zone is critical on high-speed thoroughfares and on low-speed, walkable urban thoroughfares with controlled intersections and right-of-way constraints per the Institute of Transportation Engineers Context Sensitive Solutions. The Doña Ana County Community Types and Transect Zones are walkable urban areas and have specific clear sight criteria per Figure 6-2, Community Type and Transect Zone Clear Sight Triangle Illustration, and Table 6.5, Walkable Urban Thoroughfare Cross Sections.
(1) 
Section 350-602C shall apply to all other County roads, private roads, intersections, and public, private, and off-thoroughfare multiple parking area entrances, exits, and driveways to and from County and private roads and all property subject to Doña Ana County's jurisdiction. The standards established by these clear sight triangles regulations shall be met for all future construction or development which requires a building or other permit to be issued by the County, and shall apply to all existing or future landscaping or other nonstructural obstructions.
(2) 
Design requirements for compliance. The County Engineering Services Department may rely upon the American Association of State Highway and Transportation Officials (AASHTO) publication, A Policy on Geometric Design of Highways and Thoroughfares, current edition, in determining the appropriate design requirements for a particular intersection to comply with the requirements of these clear sight triangles regulations.
(a) 
An area of unobstructed vision at street intersections, entrances/exits, permitting a vehicle to see approaching vehicles to the right or left. Nothing over three feet in height measured from the street at the lowest edge of pavement shall be permitted to obstruct a sight line, which shall be the front street and side street lines of a corner lot and a line connecting points from the intersection of the property line of such lot in accordance with § 350-608C. Additional distance may be necessary and is to be determined by a line of sight analysis. See Figure 6-1, Use Zone Clear Sight Triangle Illustrations.
Figure 6-1 Use Zone Clear Sight Triangle Illustration
(b) 
Any existing trees located within the clear sight triangle will be allowed to remain if all branches are trimmed from a height between three feet and eight feet.
(c) 
No single post or column within the designed triangle shall exceed 12 inches in thickness at its greatest cross-section dimension.
(d) 
In all use zones requiring entrances/exits not at street intersections, for multiple parking areas (parking lots) and private driveways, a clear sight triangle shall be formed in accordance with § 350-608C on either side of the entrance/exit.
(3) 
Community type and transect zone clear sight distances shall be determined by the character of the zone or community type, the design speed of the thoroughfare, and the frequency of controlled intersections. Measurements shall be from the back of curb rather than the property line. See Figure 6-2, Community Type and Transect Zone Clear Sight Triangle Illustration, and Table 6.5.
Figure 6-2 Community Type and Transect Zone Clear Sight Triangle Illustration
(4) 
Permits. No building or grading permits shall be issued for the construction or alteration of any structure that would create a violation of § 350-602C. Construction or erection of utilities such as overhead poles, boxes, risers, etc., within the clear sight triangle which would interfere with the area of obstructed sight shall not be permitted except by special permit authorized by the ESD.
D. 
Right-of-way and thoroughfare requirements. The location of collector and arterial thoroughfares shall be generally guided by policy and specifically located as development occurs. Coordination between the County and the developer shall provide the appropriate classification and alignment of all major and minor thoroughfares within and abutting developments to encourage appropriate and efficient transportation circulation patterns. Dedication and improvements for El Paso and Mesilla Valley MPO corridors are required within and adjacent to proposed developments.
(1) 
An applicant shall be responsible for 100% of the thoroughfare ROW and improvements within the boundaries of the development; or
(2) 
For thoroughfares adjacent to the development, the applicant shall provide the following thoroughfare ROW and improvements:
(a) 
Major and minor locals shall require a full thoroughfare section.
(b) 
All collector, minor and principal arterial thoroughfares shall require a half-thoroughfare section, including sidewalk, curb and gutter, parkway and additional improvements up to the right-of-way line.
(3) 
Access requirements for developments, including antiquated (previously filed) subdivisions shall consist of the following:
(a) 
Minimum access to a development shall be from a dedicated and accepted public right-of-way or public easement. The developer shall provide evidence that the linking road exists and has permission to construct the thoroughfare. In instances where the access to a development is unimproved, it shall be the responsibility of the applicant to design and construct a minor local thoroughfare from the development boundary to the nearest paved public thoroughfare. A wider width may be required subject to the results of a traffic impact analysis (TIA). If the thoroughfare linked to the proposed development is classified as a major thoroughfare (e.g., a collector or arterial), the developer shall provide the equivalent of a major local thoroughfare from the boundary of the development to the nearest paved public thoroughfare.
(4) 
Access to lots within a commercial, mixed-use, or industrial development shall be from either a dedicated and accepted improved public right-of-way or an improved access established by a permanent private road and/or access easement a minimum of 60 feet wide; a wider width may be required by this article or per the requirements of the zoning district.
(5) 
Access to lots within a residential development, proposed subdivision or antiquated previously filed subdivision shall be from a dedicated and improved paved public right-of-way.
(6) 
All parcels shall provide a minimum of 50% of the necessary additional right-of-way for adjacent thoroughfares to conform to the required width as defined within this article for all roads classified collector and above. One hundred percent of the required right-of-way shall be required for local thoroughfares.
E. 
Thoroughfare cross-section geometry. The Dona Ana County Comprehensive Plan defines types of communities in the region relative to their community character. Thoroughfares shall be built according to their context classification per Table 6.4, Thoroughfare Classification Context. The context is regulated by the adjacent land uses or zoning districts per Table 6.3, Context per Community Type or Zone.
[Amended 12-8-2020 by Ord. No. 317-2020]
Table 6.3 Context per Community Type or Zone
Community Types
Development Intensities
Context
 
Natural (N)
Rural
 
Rural (R)
Rural
 
Low Intensity (L)
Walkable urban
 
Medium Intensity (M)
Walkable urban
 
High Intensity (H)
Walkable urban
Transect Zones
Natural (T1)
Rural
 
Rural (T2)
Rural
 
Neighborhood Edge (T3)
Walkable urban
 
General Neighborhood (T4)
Walkable urban
 
Town Center (T5)
Walkable urban
Use Zones
Rural Density Residential (R5 and R5L)
Rural
 
Low Density Dwelling (D1 and D1L)
Suburban
 
Medium Density Dwelling (D2 and D2L)
Suburban
 
High Density Dwelling (D3)
Suburban
 
Mobile Home (DM)
Suburban
 
Mixed Use (MU)
Suburban or walkable urban
 
Neighborhood Commercial (C1)
Suburban
 
Community Commercial (C2)
Suburban
 
Regional Commercial (C3)
Suburban
 
Light Industrial (I1)
Suburban
 
Medium Industrial (I2)
Suburban
 
Heavy Industrial (I3)
Suburban
Table 6.4 Thoroughfare Classification Context
Suburban
Walkable Urban
Rural
Principal arterial
Boulevard
Principal arterial
Minor arterial
Avenue, boulevard
Minor arterial
Collector
Street, avenue
Collector
Local
Low-intensity street, street
Local
(1) 
Walkable urban thoroughfare cross sections per Table 6.5 are required in all community-type subdivisions or thoroughfare improvements in transect zones T3, T4 and T5. See Table 6.4, Thoroughfare Classification Context.
(2) 
Suburban thoroughfare cross sections per Table 6.6, Suburban Thoroughfare Cross Sections, are required in all use zoned subdivisions with lots less than 10,000 square feet, or any lot less than 80 feet wide at the front building setback, or a gross density greater than four dwelling units per acre.
(3) 
Rural and natural zones thoroughfare cross sections per Table 6.7, Rural Use Zone Thoroughfare Cross Sections, are required per Table 6.3, Context per Community Type or Zone.
(4) 
The following documents shall be used to guide the planning, design, and construction of motor vehicle, bicycle, and pedestrian facilities:
(a) 
Institute of Transportation Engineers (ITE) Context Sensitive Solutions (CSS);
(b) 
Association of American State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, as amended;
(c) 
AASHTO Guide for the Development of Bicycle Facilities, as amended; and
(d) 
AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities, as amended.
(5) 
The following requirements shall apply to all thoroughfares intersecting public rights-of-way in Doña Ana County:
(a) 
A list of constrained rights-of-way will or may be maintained in the New Mexico DOT, Doña Ana County, local governments' transportation plans and metropolitan planning organizations.
(b) 
Roadway build-out is from the outside of the right-of-way towards the centerline.
(c) 
Internal street systems require access to adjacent subdivisions/phases.
(d) 
All landscaping materials within the rights-of-way shall be mutually agreed upon by the developer and Doña Ana County or municipality having jurisdiction over the thoroughfares.
(e) 
Multiuse paths shall be asphaltic surfaced a minimum of eight feet wide.
(6) 
Alternative thoroughfare cross sections. Alternatives to the thoroughfare cross sections provided below may be approved by the DRC, provided that they either are:
(a) 
Proposed as part of a comprehensive, master planned development; and:
[1] 
Are based on generally accepted transportation planning and traffic engineering design principles;
[2] 
Provide equivalent accommodations for all transportation modes, as appropriate;
[3] 
Address emergency vehicle access requirements as determined by the Fire Chief; and
[4] 
Are recommended for approval by the County Engineer and the Community Development Director or their designee; OR
(b) 
Required for traffic calming, drainage, landscaping, transit, biking or pedestrian enhancements; and:
[1] 
Provide substantially equivalent street capacities based on the street classifications;
[2] 
Are based on generally accepted traffic engineering design principles;
[3] 
Provide equivalent accommodations for all transportation modes, as appropriate;
[4] 
Address emergency vehicle access requirements as determined by the County Fire Chief; and
[5] 
Are recommended for approval by the County Engineer and the Zoning Administrator or their designee; OR
(c) 
Based on an alternative hierarchy of streets that includes, at a minimum, street classifications per Table 6.4, Thoroughfare Classification Context; and:
[1] 
Are based on generally accepted traffic engineering design principles;
[2] 
Provide equivalent accommodations for all transportation modes, as appropriate;
[3] 
Address emergency vehicle access requirements as determined by the Fire Chief; and
[4] 
Are recommended for approval by the County Engineer and the Zoning Administrator or their designee.
(7) 
Road and thoroughfares best management practices.
(a) 
Description. Best practice will integrate road and thoroughfare features within multimodal areas, supporting pedestrian and landscape requirements.
(b) 
Methods. Best practice will include active landscape features combined with road and thoroughfare components to create complete and connected amenities (e.g., walkable and accessible routes). Methods will include chicanes, curb cuts, bio-swales, and other active landscape features. Best practices should be coordinated with EDS and CDD staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
(8) 
Community type and transect zone thoroughfare cross sections.
(a) 
If the right-of-way needed for complete roadway construction is constrained, the cross section should be reduced in the following order:
[1] 
Planting strip width to three feet minimum.
[2] 
Sidewalk width to five feet minimum.
[3] 
Bicycle lane to five feet minimum.
(b) 
Bicycle lanes shall be striped on both sides and include a buffer strip and signs, directional arrows, and stencils.
(c) 
Bicycle lanes shall not be built on roadways with design speeds below 30 mph.
(d) 
All on-street parking decisions shall be per Table 6.5.
(e) 
All thoroughfares classified as avenue and above may be designated as transit routes. Transit-related facilities, such as a shelter or bus pull-out, may be required.
(f) 
Three-hundred-foot block lengths are recommended.
(g) 
Multiuse paths:
[1] 
Shall not be placed immediately adjacent to avenues or boulevards, especially in lieu of sidewalks or bicycle lanes.
[2] 
May be used if they are incorporated with the overall design and traverse the development on an independent right-of-way allowing for more direct access to a destination.
[3] 
Shall be asphaltic surfaced a minimum of eight feet wide.
(9) 
Parkway assemblies. Parkway assemblies shall comply with the standards of § 350-403E, Parkway assemblies, and Tables 6.9, Typical Urban Parkways, 6.10, Typical Rural Parkways, and 6.11, Parkway Assemblies. Tables 6.9 and 6.10 illustrate the components of the parkway and Table 6.11 regulates the type and size for each component of the parkway.
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Lane: L-20-10
Easement width
20 feet
Design ADT
N/A
Design speed
N/A
Pavement width
10 feet
Maximum grade
12%
Minimum curve radius
Taper
Clear sight distance
20 feet along local street from end of curb taper
DI and zoning districts
L, M, T3 and T4
Functional classification
Access
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Alley: A-24-24
Easement width
24 feet
Design ADT
N/A
Design speed
N/A
Curb-to-curb width
24 feet
Maximum grade
12%
Minimum curve radius
Taper
Clear sight distance
20 feet along local street from end of curb radius
DI and zoning districts
M, H, T4 and T5
Functional classification
Local
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Low Intensity Street: ST-52-34
ROW width
52 feet
Design ADT
Less than 1,500
Design speed
15 mph
Curb-to-curb width
34 feet
Maximum grade
12%
Minimum curve radius
100 feet
Clear sight distance
20 feet along local street from end of curb radius
DI and zoning districts
L, M, T3 and T4
Functional classification
Local
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Low Intensity Street: ST-58-36
ROW width
58 feet
Design ADT
Less than 7,500
Design speed
20 mph
Curb-to-curb width
36 feet
Maximum grade
12%
Minimum curve radius
100 feet
Clear sight distance
20 feet along local street from end of curb radius
DI and zoning districts
L, M, H, T3, T4, T5
Functional classification
Local, minor collector
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Street: ST-60-38
ROW width
60 feet
Design ADT
Less than 15,000
Design speed
25 mph
Curb-to-curb width
38 feet
Maximum grade
12%
Minimum curve radius
100 feet
Clear sight distance
25 feet along collector street from end of curb radius
DI and zoning districts
M, H, T4, T5
Functional classification
Collector
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Street: ST-82-58
ROW width
82 feet
Design ADT
Less than 15,000
Design speed
25 mph
Curb-to-curb width
58 feet
Maximum grade
8%
Minimum curve radius
100 feet
Clear sight distance
25 feet along collector street from end of curb radius
DI and zoning districts
M, H, T4 and T5
Functional classification
Collector
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Avenue: AV-73-49
ROW width
73 feet
Design ADT
Less than 22,000
Design speed
30 mph
Curb-to-curb width
49 feet
Maximum grade
8%
Minimum curve radius
Varies
Clear sight distance
30 feet along collector street from end of curb radius
DI and zoning districts
M, H, T4, T5
Functional classification
Collector, minor arterial
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Boulevard: BV-72-48
ROW width
72 feet
Design ADT
Less than 15,000
Design speed
30 mph
Curb-to-curb width
48 feet
Maximum grade
8%
Minimum curve radius
100 feet
Clear sight distance
30 feet along collector street from end of curb radius
DI and zoning districts
M, H, T4 and T5
Functional classification
Collector, minor arterial
Table 6.5 Walkable Urban Thoroughfare Cross Sections
Boulevard: BV-94-60
ROW width
94 feet
Design ADT
Less than 32,000
Design speed
30 mph
Curb-to-curb width
70 feet
Maximum grade
8%
Minimum curve radius
100 feet
Clear sight distance
30 feet along collector street from end of curb radius
DI and zoning districts
M, H, T4, T5
Functional classification
Collector arterial
(10) 
Suburban thoroughfare cross sections.
(a) 
If the right-of-way needed for complete roadway construction is constrained, the cross section should be reduced in the following order:
[1] 
Planting strip width to three feet minimum. For suburban residential local, 2 1/2 feet are allowed.
[2] 
Sidewalk width to five feet minimum.
[3] 
Bicycle lane to five feet minimum.
[4] 
Replace bicycle lane with 14 feet minimum wide curb lane.
(b) 
Bicycle lanes shall be striped on both sides and include buffer strip and signs, directional arrows, and stencils.
(c) 
Bicycle lanes shall not be built on roadways classified below major local.
(d) 
All on-street parking decisions shall be determined by the adjoining land uses.
(e) 
All roadways classified as collector and above may be designated as transit routes. Transit-related facilities, such as a shelter or bus pull-out, may be required.
(f) 
Culs-de-sac require pedestrian and bike access through head, except where a physical barrier exists. Exceptions approved by Zoning Administrator.
(g) 
Internal street system requires access to adjacent subdivisions/phases.
(h) 
Three-hundred-foot block lengths and varied building setbacks are recommended.
(i) 
Multiuse paths:
[1] 
Shall not abut travel lanes on arterials or collectors, especially in lieu of sidewalks or bicycle lanes.
[2] 
May be used if they are incorporated with the overall design and traverse the development on an independent right-of-way allowing for more direct access to a destination.
[3] 
Shall be asphaltic surfaced a minimum of eight feet wide.
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Principal Arterial
ROW width
120 feet
Design ADT
Greater than 40,000
Design speed
45 mph
Curb-to-curb width
93 feet for 7 lanes
Maximum grade
7%
Minimum curve radius
1,090 feet with no superelevation
830 feet with 2% maximum superelevation
Land use
Single-dwelling residential; multiple-dwelling residential; community commercial; regional commercial; church; public buildings; industrial; open space; alternative parkway configurations may be considered based on land use
Note: A 7-lane roadway cross section with 15 feet raised median is shown above. However, 3- or 5-lane roadway may be constructed based on approved traffic impact analysis. In such cases, median width will be increased accordingly.
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Minor Arterial
ROW width
100 feet
Design ADT
Less than 40,000
Design speed
45 mph
Curb-to-curb width
71 feet
Maximum grade
7%
Minimum curve radius
1,090 feet with no superelevation
830 feet with 2% maximum superelevation
Land use
Single-dwelling residential; multiple-dwelling residential; community commercial; regional commercial; church; public buildings; industrial; open space; alternative parkway configurations may be considered based on land use
Note: A 5-lane roadway cross section with 15 feet raised median is shown above. However, 3- or 5-lane roadway may be constructed based on approved traffic impact analysis. In such cases, median width will be increased accordingly.
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Collector
ROW width
85 feet
Design ADT
Less than 20,000
Design speed
35 mph
Curb-to-curb width
57 feet
Maximum grade
8%
Minimum curve radius
430 feet with no superelevation
830 feet with 2% maximum superelevation
Land use
Single-dwelling residential; multiple-dwelling residential; community commercial; church; public buildings; open space; alternative parkway configurations may be considered based on land use
Note: In primarily residential land use areas, a 10-foot (minimum) multiuse path may be approved in lieu of the 2 5-foot bike lanes.
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Major Local
ROW width
60 feet
Design ADT
less than 7,500
Design speed
30 mph
Curb-to-curb width
38 feet
Maximum grade
12%
Minimum curve radius
Varies
Land use
Single-dwelling residential; multiple-dwelling residential; neighborhood commercial; public buildings; open space; alternative parkway configurations may be considered based on use
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Residential Local
ROW width
50 feet
Design ADT
Less than 1,500
Design speed
25 mph
Curb-to-curb width
34 feet
Maximum grade
12%
Minimum curve radius
100 feet
Land use
Single-dwelling residential; multiple-dwelling residential; local mixed use; open space; alternative parkway configurations may be considered based on land use
Table 6.6 Suburban Thoroughfare Cross Sections
Suburban Low Volume Residential Local or Cul-de-Sac
ROW width
50 feet
Design ADT
Less than 700
Design speed
25 mph
Curb-to-curb width
32 feet
Maximum grade
12%
Minimum curve radius
100 feet
Land use
Single-dwelling residential; low-density multiple dwelling residential; open space; alternative parkway configurations may be considered based on land use
(11) 
Rural thoroughfare cross sections.
(a) 
Shoulders shall be paved with the travel lanes and striped on both sides of the roadway.
(b) 
The width of drainage swales, external to right-of-way, shall be determined by the drainage report.
(c) 
The construction materials for multiuse paths are determined by the applicable design standards, minimum of asphaltic surfaced, and shall:
[1] 
Be brought to the intersection for safe crossing at crosswalk.
[2] 
Not be put in or terminate unless connecting to established origin/destination, such as the trail system.
[3] 
Be separated from the roadway by at least three feet.
Table 6.7 Rural Use Zone Thoroughfare Cross Sections
Rural Principal Arterial
ROW width
120 feet
Design ADT
Greater than 20,000
Design speed
55 mph
Pavement width
36 feet
Maximum grade
7%
Minimum curve radius
1,850 feet with no superelevation
1,350 feet with 2% (maximum) superelevation
Land use
Natural, rural (alternative parkway configurations may be considered based on land use)
Rural Minor Arterial
ROW width
100 feet
Design ADT
Less than 20,000
Design speed
55 mph
Pavement width
36 feet
Maximum grade
7%
Minimum curve radius
1,850 feet with no superelevation
1,350 feet with 2% (maximum) superelevation
Land use
Natural, rural (alternative parkway configurations may be considered based on land use)
Rural Collector
ROW width
85 feet
Design ADT
Less than 5,000
Design speed
35 mph
Pavement width
36 feet
Maximum grade
8%
Minimum curve radius
430 feet with no superelevation
430 feet with 2% (maximum) superelevation
Land use
Low-density single-dwelling residential; rural; natural (alternative parkway configurations may be considered based on land use)
Rural Local
ROW width
50 feet
Design ADT
Less than 1,500
Design speed
30 mph
Pavement width
32 feet
Maximum grade
12%
Minimum curve radius
250 feet with no superelevation
200 feet with 2% (maximum) superelevation
Table 6.8 Thoroughfare Geometry
Minimum Center-Line Radius (feet)
Vertical Curve Requirements4
Functional Classification
Design Speed (mph)1
AADT2
Minimum Right-of-Way (feet)
General Surfacing Requirements, Notes and Conditions3
Normal Crown4 (feet)
Super Elevation with 0.025 (feet)
For Crest Stopping Sight Distance8
For SAG Stopping Control Sight Distance8
Maximum Grade Change Allowed w/o Vertical Curve9
Maximum Grade Allowed10
Walkable Urban Thoroughfares
Boulevard
30
15,000 to 32,000
72
4 inches HMAC minimum
Varies according to cross section
Varies according to cross section
61
79
Required in all cases
7%
Avenue
30
< 22,000
73
4 inches HMAC minimum
Varies according to cross section
Varies according to cross section
61
79
0.50%
7%
Street
25
< 15,000
60
3 inches HMAC minimum
Varies according to cross section
Varies according to cross section
80
65
0.50%
8%
Low-intensity street
20
< 7,500
Varies according to cross section
2 inches HMAC minimum
Varies according to cross section
Varies according to cross section
32
35
1%
10%
Suburban Thoroughfares
Principal arterial
45
> 40,000
120
4 inches HMAC minimum
1,090
830
61
79
Required in all cases
7%
Minor arterial
45
< 40,000
100
4 inches HMAC minimum
1,090
830
61
79
0.50%
7%
Collector
35
< 20,000
85
3 inches HMAC minimum
430
340
80
65
0.50%
8%
Local
30 (major) 25 (minor)
< 7,500; see Table 6.6
Varies according to cross section
2 inches HMAC minimum
Varies according to cross section
Varies according to cross section
32
35
1%
10%
Rural Thoroughfares
Principal arterial
55
> 20,000
120
4 inches HMAC minimum
1,850
1,350
151
136
Required in all cases
7%
Minor arterial
55
< 20,000
100
4 inches HMAC minimum
1,850
1,350
84
96
0.50%
7%
Collector
35
< 5,000
85
3 inches HMAC minimum
430
340
29
49
0.50%
8%
Local
30
25 (cul-de-sac)
< 1,500
50
2 inches HMAC minimum
250
200
19
37
1%
10%
Thoroughfare Geometry General Notes for Table 6.8:
A.
The location and preliminary alignment of principal arterials and minor arterials shall be determined in cooperation with the Mesilla Valley MPO Metropolitan Thoroughfare Plan and El Paso MPO Metropolitan Transportation Plan based upon the TIA.
B.
Developer shall use the most recent version of all AASHTO guides and policies.
C.
Replatting of an existing subdivision resulting in the creation of additional lots shall be subject to the combination and upgrade requirements of this article, succeeding subdivisions, which require that existing streets within the subdivision be upgraded to the minimum street pavement and rights-of-way required for the new subdivision.
D.
Minimum slope in streets with standard curb and gutter shall be 1/2% with a crown of minimum 1% and maximum 2%. Minimum slope in streets with header curb shall be 0%. The crown on a 0% street shall be a minimum 2%.
E.
All streets shall provide a roadside recovery clear zone or other approved method of slope and barrier protection as described in the latest edition of AASHTO Policy on the Geometric Design of Highways and Streets.
F.
Follow New Mexico Department of Transportation Design Standards to determine design speeds and center-line radii for state roads.
Thoroughfare Geometry Supplemental Notes for Table 6.8:
1.
Posted speed limits shall be at or below the design speed limits.
2.
The AADT listed above is a planning tool used to determine the classification criteria.
3.
Surfacing width is measured from inside edge of curbing. The minimum allowable thickness is six inches of base course, two inches HMAC or six inches of concrete. Additional thicknesses may be required per § 350-602F.
4.
A minimum of 50 feet shall be maintained between vertical points of intersection.
5.
Lengths of vertical curves longer than the minimums resulting from the use of K values shown should be used wherever possible. However, K should not exceed 143 when curb and gutter is used.
6.
The values for K shown are to be used in determining the minimum length of vertical curve required by the use of the relationship L = KA where: L = Length of vertical curve in feet; A = Algebraic difference in grades expressed in percent; K = Design value indicative of rate of curvature.
7.
Crest vertical curves are based on eye height of three feet three inches, object height of six inches and AASHTO minimum stopping distances. SAG vertical curves are based on AASHTO standards.
8.
Local residential streets with 90°, or near 90°, turns may be designed with a minimum center-line radius of 80 feet with the approval of the County Engineering Services Department.
9.
The cross slopes of culs-de-sac shall not exceed 2%.
10.
Road and utility easements for culs-de-sac may be provided that serve five lots or less. When this option is utilized, the roadway shall be designed to this article and the easement shall be platted as part of the lots.
Table 6.9 Typical Urban Parkways
[Amended 11-14-2017 by Ord. No. 294-2017]
Type A
Type B
Type C
(1)
Parkway
(a)
Walkway: as regulated by Table 4.2, Minimum Width of Sidwalk Standards
(b)
Planter
(c)
Planter and verge
(2)
Transportation way
(d)
Parking lane
(e)
Travel lane
Note: Alternative parkway configurations may be considered based on land use.
Table 6.10 Typical Rural Parkways
Type A
Type B
(1)
Parkway
(b)
Planter and/or multiuse path
(c)
Swale
(2)
Transportation way
(d)
Shoulder
(e)
Travel lane
Note: Alternative parkway configurations may be considered based on land use.
Table 6.11 Parkway Assemblies
[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020]
Details
Rural/T2
L/T3/D1/D1L
M/T4/D2/D2L
H/T5/D3/DM
Suburban Commercial/Industrial
Curb type
Swale
Raised curb
Raised curb
Raised curb
Raised curb
Walkway
Type
Not required
Path/sidewalk
Sidewalk
Sidewalk
Path/sidewalk
Minimum Width (feet)
N/A
8 — path
5 — sidewalk
5
5
8 — path
5 — sidewalk
Lighting
Maximum Range of Height (feet)
Not required
25 to 35
25 to 35
25 to 35
25 to 35
Minimum Range of Spacing (feet)
N/A
At intersections, 250 to 400
At intersections, 250 to 400
At intersections, 250 to 400
At intersections, 250 to 400
Planter
Type
Swale
Bio-swale
Continuous
Continuous or tree well
Continuous
Minimum Width (feet)
N/A
5 — path
6 — sidewalk
5
72 square feet minimum — tree well; 5 minimum
6 — path
5 — sidewalk
F. 
Standard specification for thoroughfare construction. All thoroughfares constructed within Doña Ana County shall comply with New Mexico Department of Transportation Standard Specification for Highway and Bridge Construction, as adopted and amended.
(1) 
All testing and construction inspections for all developments shall adhere to the guidelines as set forth in the New Mexico Department of Transportation Standard Specification for Highway and Bridge Construction, as adopted and amended.
(2) 
A pavement design report included with the final plat or final document submittal shall include, but not be limited to:
(a) 
Soil profiles shall be obtained from soil borings performed within the proposed right-of-way and proposed borrow area, or in areas determined to yield representative soils. Thoroughfare soil borings shall be taken at an interval of 500 feet. Additional soil borings may be required if soil characteristics change significantly. Soil borings shall be advanced to a depth of at least five feet, or refusal, whichever is shallower. In "cut" portions of the thoroughfare, the depth of borings shall be measured from the proposed finished grade elevation of the pavement. In "fill" portions of the thoroughfare, the depth of borings shall be measured below existing grade. Soil borings are required to classify materials to determine the thickness of the layers of the road structure and to identify soils that are excessively expansive or resilient. Such soils shall receive special consideration by substitution with "engineered fill" or stabilization with a suitable admixture and/or mechanical means. Field conditions encountered with unsatisfactory materials shall be submitted with pavement design calculations along with satisfactory design solutions.
(b) 
All calculations used in the design, including traffic volumes, soil types and structural numbers.
(c) 
A table showing material properties used in the design and soil parameters including R-values, modulus of resilience, and CBR. Soils with R-values less than 45 require stabilization or removal to no less than suitable underlying materials; chemical and/or mechanical stabilization approved by ESD.
(d) 
Laboratory test data indicating properties of materials tested.
(3) 
A registered professional engineer, licensed to practice in the State of New Mexico, shall perform pavement designs. The engineer shall have demonstrated expertise in the design and analysis of rigid and/or flexible thoroughfare pavements. All pavement design documents shall be referenced in the design notes. All designs shall be based on a minimum twenty-year life period.
(4) 
The minimum thickness for a pavement structure shall be two inches of HMAC overlaying six inches of base course, overlaying subgrade preparation and soil stabilization. However, the actual thickness will be determined from a pavement design analysis. Double-penetration macadam surfacing may be allowed in areas for a temporary use and as approved by ESD.
(5) 
Double-penetration surface treatment is considered to have no structural coefficient value.
(6) 
Before starting to work on improvements in a development, the developer shall arrange a conference with the ESD to review contract specifications, review partial release procedures, and otherwise familiarize the developer with the County's requirements and procedures for managing development of communities. Individuals present at the conference should be the developer, the County inspector, the County Engineer's representative and the contractor. The developer shall provide five sets of approved construction drawings to be retained by the County at this meeting. Up to three additional approved copies for the developer or his representative may be requested.
(7) 
The developer or contractor shall obtain all necessary permits prior to starting any grading or construction.
(8) 
The developer or contractor shall give the ESD a minimum of 48 hours' notice prior to commencing any construction or testing of material, including but not limited to the following:
(a) 
Clearing and grubbing, subbase, subgrade, and base course;
(b) 
Compaction;
(c) 
Concrete;
(d) 
Bituminous materials and asphaltic concrete;
(e) 
All forms and steel used in pouring concrete; and
(f) 
Trench backfill.
(9) 
The ESD shall order materials testing of materials and construction in the development as soon as the contractor notifies ESD they are available for testing. The ESD shall approve or reject the materials and construction based on the results of those tests.
(10) 
Testing of materials and construction fees shall be paid by the permit holder if the installation fails testing.
(11) 
The ESD shall have five working days to respond to the results of materials tests.
(12) 
Retesting of materials or construction due to failure to pass compliance tests shall be paid by the construction permit holder. Verification of payment for retesting shall be provided to the ESD prior to final acceptance.
G. 
One-year construction warranty. If, after final inspection and acceptance of work performed and prior to the expiration of one year from the date of acceptance or such longer period of time as may be prescribed by the law or by the terms of any applicable special guarantee required by the contract documents associated with the approval of the subdivision, any work is found to be defective, whether the failure is due to construction or materials failure, the applicant shall promptly and without cost to the County, in accordance with an engineer's written instruction, either correct such defective work or, if it has been rejected by the County, remove it from the site and replace it with the terms of such instructions. The County may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect cost of such removal and replacement, including compensation for additional professional services, shall be paid by the developer. All subdivisions shall be insured by a one-year warranty of improvements that shall obligate the applicant to repair to County standards any improvements that fail within one year of the County's final inspection of construction in the subdivision. In order to insure compliance with this article, all subdivision improvements performed in the construction of roads and drainage rights-of-way of a subdivision shall be subject to a warranty binding the applicant to such terms as are mentioned above. This warranty shall follow the sample forms in the Appendix.[1]
[1]
Editor's Note: Said appendix is included in Art. VIII, Appendices, of this chapter.
H. 
Dedications. Where the developer wishes to dedicate facilities and/or rights-of-way to the County, a written request by the owner shall be submitted for review by the ESD and CDD. The dedication in the final plat shall be submitted to the BOCC for acceptance or denial, for the facilities and rights-of-way described in the subdivision's disclosure statement and the terrain management plan.
I. 
Traffic impact analysis (TIA). A TIA is used to assess the effects of a particular development on the surrounding transportation network, to determine what provisions are needed for safe and efficient site access and traffic flow, and to establish mitigation requirements where off-site impacts require improvements.
(1) 
Off-site improvements shall not be required to be constructed by the developer in order to address existing transportation system deficiencies. However, any decrease in the LOS arising from the development shall be corrected before a development/construction permit can be issued. The degree of degradation shall be measured from the desired LOS for the intersection on the major thoroughfare plan. A site threshold assessment (STA) application shall be required for all development, excluding a single-family residential dwelling on an existing lot. Attached to the STA shall be a sketch showing traffic counts for pre- and post-development and traffic count data from the Institute of Transportation Engineers (ITE) Trip Generation Manual.
(2) 
The level and extent of the required residential TIA shall conform to the following warranting criteria, unless the ESD determines that a higher level is required based on surrounding existing and proposed development:
(a) 
A Level One TIA shall address safety issues related to and the impact of site-generated traffic upon the intersection created at the primary point of access from the development to a County-maintained road, to be evaluated at the point in time after projected full build-out and occupancy of the development (generally for six to 25 residential units);
(b) 
A Level Two TIA shall incorporate the requirements of the Level One TIA, and shall also be expanded to address off-site thoroughfare and intersection improvements that may be required due to an increase in vehicle miles traveled (VMT) or due to a compromise in safety that is caused by traffic from the development. It is to be evaluated at the time of projected full build-out and occupancy of the development, and five years from the projected full build-out and occupancy (generally for 26 to 100 residential units); or
(c) 
A Level Three TIA shall incorporate the requirements of the Level Two TIA, and shall also be evaluated at an additional horizon year, which shall conform to the horizon year utilized by the regional planning organization (RPO), Metropolitan Planning Organization (MPO), or state highway plan for long-term transportation system modeling, projection and planning (generally a twenty-year horizon and for 101 or greater residential units).
(3) 
All nonresidential development shall require an STA. The level and extent of the required TIA shall be determined by the ESD based on the review of the STA and will conform to the following warranting criteria:
(a) 
A Level One TIA, generally for six to 25 peak-hour trips.
(b) 
A Level Two TIA, generally for 26 to 100 peak-hour trips.
(c) 
A Level Three TIA, generally for 101 or more peak-hour trips.
(4) 
TIAs shall address the following:
(a) 
Introduction and summary, consisting of: the purpose and objectives of the report; principal findings and conclusions; and recommendations for improvements required to address impacts caused by traffic from the development upon the existing transportation system.
(b) 
Description of the proposed development, consisting of: description of the site location and study area; brief description of the development; and identification of any phasing or timing for implementation.
(c) 
Description and extent of study, consisting of: identification of study area, whether Level One, Two or Three; and if Level Two or Three, identification of areas of influence and traffic impact.
(d) 
Description of study time frames, consisting of: Level One TIA: first year after projected full build-out and occupancy; Level Two TIA: first year after projected full build-out and occupancy, and five years after full build-out; and Level Three TIA: first year after projected full build-out and occupancy, five years after full build-out, and horizon year (generally 20 years).
(e) 
Existing land use and development within the study area, including: existing land uses in the vicinity of the development; concurrent development, including any subdivisions or development approved or under construction; and future development currently in the planning stage.
(f) 
Description of existing conditions of the transportation system, including identification of existing access and thoroughfare characteristics, including the presence of any existing or future collector or arterial roads as identified on the regional planning organization (RPO) or Metropolitan Planning Organization (MPO) plan or state highway plan in the vicinity of the proposed development; traffic control and transportation system conditions; safety issues and concerns, including, but not limited to, sight distance and accident rates; and (background) traffic volumes, including turning volumes, capacity and level of service.
(g) 
Projected traffic and traffic impacts, consisting of: computation of vehicle trips generated by the development, in accordance with the requirements of the Trip Generation Manual, Institute of Transportation Engineers, as amended; identification and discussion of estimated a.m. and p.m. peak-hour traffic, including turning volumes, daily and seasonal variations, if appropriate, and pass-by trips; trip distribution and assignment; and effects of site-generated traffic upon capacity, level of service, and safety of the thoroughfare system.
(h) 
Improvement analysis, including: evaluation of number of lanes, lane and shoulder widths, lateral clearances, design speeds, deceleration/acceleration lanes, horizontal and vertical alignments, sight distance, pavement conditions, existing access and use, traffic control, and pedestrian uses; and identification of and cost estimates for transportation system improvements required to accommodate existing traffic, as well as existing and projected site traffic.
(i) 
Findings and recommendations, including: appropriateness and adequacy of site access; existing and projected traffic impacts; and required improvements, including those required as a condition of approval of the subdivision or development.
(j) 
The following documents are incorporated by reference, and shall be used in the preparation of TIAs, including their data, requirements, and procedures: Trip Generation Manual, Institute of Transportation Engineers, as amended; A Policy on the Geometric Design of Highways and Thoroughfares, American Association of State Highway and Transportation Officials as amended; Manual on Uniform Traffic Control Devices for Thoroughfares and Highways, as amended; Highway Capacity Manual 2000, Transportation Research Board, and the Highway Capacity Software, McTrans HCS2000, latest upgrade or the approved equal; and Access Management Manual, New Mexico Department of Transportation, or other as amended applicable design standard.
(k) 
Designers shall strive to provide the lowest vehicle miles traveled (VMT) feasible with anticipated conditions.
(l) 
Prior to final plat approval, improvement requirements determined to be necessary to maintain, restore or improve existing thoroughfare LOS on highways, major arterials, arterials, collectors and major locals may be subject to a cooperative agreement between the County and the developer. The agreement shall be in place prior to the filing of the final plat.
(m) 
Travel demand management strategies: Include an outline of travel demand management strategies to mitigate traffic impacts created by proposed development and implementable measures for promoting alternate modes of travel, including but not limited to the following: incorporate design features that facilitate walking, biking, and the use of transit services to access a proposed development, including features such as transit shelters and benches site amenities, site design layouts, orientations and connections to other components of the multimodal transportation system to increase convenience for alternate modes and reduce multiple trips to and from the site; provide connections to existing offsite pedestrian, bicycle, and transit systems that are as direct as possible given the existing limitations of obstructions, terrain and land ownership.
(n) 
Trip generation reductions: Credit for any trip reductions is subject to review and approval in advance by the ESD. Any anticipated trip reduction assumptions shall be discussed and approved by the ESD prior to the preparation of the TIA. Trip reductions typically fall into one of two categories: those that reassign some portion of the trip generation from the thoroughfare network adjacent to the project site (pass by and diverted trip reductions), and those that remove trips generated from the land use trip generation (internal and modal split reductions).
A. 
Operation. Access and driveways shall operate as at-grade intersections. They shall be designed to provide for adequate sight distance and acceptable levels of traffic operations, and provide control and geometry that is consistent with the intensity of use of the driveway, the intended function of the thoroughfare and to comply with this article.
B. 
State permit. A permit shall be obtained from the New Mexico Department of Transportation (NMDOT) district office for all driveways accessing state-maintained roads prior to the approval of any development and construction documents.
C. 
Access permit. An access permit obtained from the ESD is required for all driveways accessing existing and proposed County roads prior to the approval of any construction documents or issuance of a building permit. See § 350-601E.
D. 
Single-family residential requirements. For residential driveway requirements, driveway widths shall be governed by Tables 3.7 through 3.11 and 5.3 through 5.16 and Lots and Driveways, §§ 350-304D and 350-502C.
E. 
Private driveway access to single-family lots. Private driveway access to single-family lots shall be from local thoroughfares. See Table 6.4, Thoroughfare Classification Context. However, if this is the only legal access to an existing parcel of land, one driveway permit will be permitted.
(1) 
A common driveway is a mutual entrance to two lots. The minimum width allowed is 20 feet. A letter of concurrence, signed by both property owners, shall be provided prior to issuance of the permit.
(2) 
For lots with a forty-foot frontage or less, the driveway shall be located where it is common for two lots, and provides an on-thoroughfare parking area, where possible.
(3) 
The minimum distance between two driveways on one lot is 22 feet.
(4) 
The minimum distance between two driveways on adjacent lots is 30 feet.
(5) 
The minimum length of frontage for two driveways is 120 feet.
(6) 
For corner properties, the location of the drivepad on local thoroughfares shall be a minimum of 20 feet from the curb return.
(7) 
The driveway shall be designed so that the drainage patterns will not allow stormwater to either enter or leave the public ROW, unless otherwise provided for in the original development.
F. 
Nonresidential, mixed-use, and multiple-family residential driveways. For nonresidential driveways and multiple-family housing developments, the number of driveways and type of construction are dependent upon the classification of the thoroughfare and the traffic to be generated by the proposed development. Driveway widths shall be governed by the site standards per Tables 3.7 through 3.11 and 5.3 through 5.16 and for lots and driveways, §§ 350-304D and 350-502C.
(1) 
Thoroughfare classification. The County's thoroughfare classification is determined by the analysis of its current functional classification and projected land uses and as defined by this article. The major thoroughfare plan, as recommended by local MPOs, shall be used as a basis for the classification of thoroughfares within Doña Ana County. Thoroughfare classification is based upon the community type according to Table 6.4, Thoroughfare Classification Context.
(2) 
Traffic generation factors. Points of access shall be designed to a high standard to minimize operational and safety problems. Driveway characteristics may include reduced entrance grades, and deceleration lanes. (See Tables 3.7 through 3.11 and 5.3 through 5.16 and Lots and Driveways, §§ 350-304D and 350-502C).
(3) 
Spacing of driveways from intersections and driveways. The distances in Table 6.12, Spacing of Driveways from Intersections, shall be used as minimums for existing parcels less than two acres in size when determining the spacing of driveways from intersections and other driveways.
Table 6.12 Spacing of Driveways from Intersections
Arterial
Collector
Local
Type of Thoroughfare
Approach Distance
(feet)
Departure Distance
(feet)
Approach Distance
(feet)
Departure Distance
(feet)
Approach Distance
(feet)
Departure Distance
(feet)
Principal arterial
300
200
200
150
150
100
Minor arterial
200
150
150
100
100
100
Collector
150
150
100
100
75
75
Local
150
150
100
100
75
75
Notes:
(1)
Additional distance may be required based upon queuing requirements.
(2)
Multiuse driveways will be classified the same as local thoroughfares for the purpose of this table.
(4) 
Driveways with median access.
(a) 
Thoroughfares with median channelization shall have driveways located with the center line of the driveway approximately centered on the median openings. Where a driveway exists on the opposite side of the thoroughfare, the center line of the new driveway that utilizes the median opening shall be located within 10 feet of the existing driveway center line. Driveways not meeting these criteria shall be located a minimum of 75 feet from the existing median opening.
(b) 
Driveways on thoroughfares without median channelization shall be constructed on opposite sides of the thoroughfare. If driveways are not to be opposite each other, they are offset a minimum of 50 feet for local thoroughfares and a minimum of 75 feet for collector and arterial thoroughfares. The center lines shall be within 15 feet of each other.
(5) 
Curb return construction. Curb returns may be allowed on arterials if vehicles are entering and exiting large-scale commercial/industrial developments. They may be permitted in other cases given sufficient traffic generation or substantial use by vehicles with a large turning radius. Vehicle swept path and turning movement analyses are required submittals.
(6) 
Drivepads for minor and principal arterials, collectors, major local and walkable urban thoroughfares:
(a) 
Two-way drivepads require a twenty-four-foot minimum width.
(b) 
One-way drivepad shall be 20 feet in width. These are only permitted where the circulation is self-enforcing; that is, when angle parking and one-way aisles are used in establishing the one-way pattern from entrance to exit.
(c) 
Drivepad widths for larger vehicles may be up to 36 feet for tractor-trailer combinations and mobile homes.
(7) 
Drivepads for local thoroughfares.
(a) 
Twenty-foot minimum for two-way access; however, 24 feet may be permitted for commercial or mixed-use properties.
(b) 
No backing from designated parking stalls into the thoroughfares is permitted.
(c) 
One-way drivepad shall be 18 feet in width. These are only permitted where the circulation is self-enforcing; that is, when angle parking and one-way aisles are used in establishing the one-way pattern from entrance to exit.
(8) 
Curb return entrances. The width and radius of the entrance are dependent upon the design vehicle in all use zoning districts and must be modeled via vehicle swept path and turning movement analyses. See Table 6.13, Arterial and Collector Access.
(a) 
All curb return entrances require ADA ramps and valley gutters.
(b) 
Additional right-of-way or public thoroughfare easement may be required to be dedicated or granted.
Table 6.13 Arterial and Collector Access
Single Entrance/Exit Widths
(feet)
Divided Entrance/Exit Widths
(feet)
Entrance
Exit
Design Vehicle
Radius at Back of Curb
(feet)
No Median Access
With Median Access
No Median Access
With Median Access
Car only
20 to 30
20
20 to 30
12
12
20
SU-301
24 to 30
30
36 to 40
20
18
22
WB-402
30 to 40
30 to 40
40 to 45
22
20
24
WB-503
35 to 40
40 to 45
45
25
20
24
Notes:
1 Single-unit truck, 30 feet long, wheel base 20 feet (refuse truck).
2 Tractor-trailer, 50 feet long, wheel base 40 feet.
3 Tractor-trailer, 55 feet long, wheel base 50 feet (18-wheeler).
(9) 
Striping and signing.
(a) 
Entrances and exits of any driveway shall be marked with arrows to define direction, such as one-way exit and entrance signs and turn restriction signs. For further details on appropriate signing and striping used for entrances, see the Manual for Uniform Traffic Control Devices (MUTCD), as amended.
(b) 
The developer shall provide a NMPE certified traffic control plan for review and approval by the ESD in accordance with the MUTCD. The developer shall implement the approved plan at the developer's/applicant's expense for work within the County right-of-way.
(10) 
Grades. The maximum initial grades for curb return entrances with left-turn access shall be a positive 4% (+4%) for right-turn-in-only entrances and a positive 6% (+6%) for right-turn-out-only entrances. Drivepads shall be constructed to the thoroughfare right-of-way line per § 350-608B, Drivepad and intersection drawings, except that a minimum drivepad depth of 6 1/2 feet shall be used.
(11) 
Visibility for driveways. Visibility shall be maintained in accordance with the AASHTO Guidelines for Intersection Visibility. Landscaping, fencing and/or berming shall meet the requirements for driveway visibility. See § 350-602C.
(12) 
Right-turn deceleration lanes for tapers. A modified right-turn deceleration lane or a taper is required on arterial thoroughfares where the right-turning volumes will not exceed the following numbers in Table 6.14, Right-Turn Deceleration Lanes or Tapers, for either the a.m. or p.m. peak of the adjacent thoroughfare traffic.
Table 6.14 Right-Turn Deceleration Lanes or Tapers
Requirement
Design Speed of Thoroughfare
(mph)
Length
(feet)
Taper Required
1 to 15 trips/day
45 to 50
200
35 to 45
150
Under 35
Not required
Deceleration Lane Required
15 or more trips/day
45 to 50
200
15:1 taper
35 to 45
150
Under 35
Not required
Note: Additional right-of-way for deceleration lanes or tapers shall be dedicated, if necessary.
(13) 
Left-turn lanes. Left-turn lanes shall be required if a driveway utilizing a median opening is constructed. The left-turn lane provides for both the stacking and deceleration of left-turning vehicles. Left-turn lane lengths are dependent upon a number of factors, including the cycle length of the upstream signal, left-turn arrival rate, and queuing factor. For unsignalized left turns, the formula in Table 6.15, Turnbay Length for Unsignalized Left Turns, shall be used to determine turn bay length.
Table 6.15 Turnbay Length for Unsignalized Left Turns
Mean Arrival Rate
(vehicles/minute)
Turnbay Length
(feet)
Width
(feet)
0.25
100 taper
10
0.25 to 1.0
50 + transition
10
1.5
75 + transition
10
2.0
100 + transition
10
For mean arrival rates above 2 vehicles/minute, the following formula should be used:
Length = VI/C *v*L
Where:
VI
=
number of left turns in the peak hour
C
=
cycle length of upstream signal
VI/C
=
mean arrival rate
V
=
Poisson arrival factor for 95% confidence level
L
=
average vehicle length — use 20 feet per vehicle for queues with 1% trucks
Transitions
Design Speed (mph)
Taper Length
30 to 55
15:1 x lane width
(14) 
Channelized right and left turns. Right- and left-turn channelization shall be required based upon factors such as one-way thoroughfares, the necessary restriction of movements at a driveway or to meet applicable standards as set forth in NMDOT's State Access Management Manual.
(15) 
Signalization. When a development causes a significant increase in traffic to warrant a signal (per MUTCD), the developer will be financially responsible for the signal installation as set forth in the NMDOT State Access Management Manual. A financial guarantee for a future signal shall be submitted for approval by the BOCC.
(16) 
Abandoned driveways. Any drivepad/driveway that has a change in use shall be replaced by the property owner with driveways meeting these minimum standards.
(17) 
Common driveways. Driveways that straddle property lines or share access shall be recorded by a grant of easement document prior to the issuance of an access permit. This easement shall also recognize any existing lot lines, utilities, or other easements.
(18) 
Driveway construction. Driveways and parking areas shall be constructed and surfaced per the approved design and specified in the permit application. No surfacing shall be placed upon a driveway until an inspection is made and the grading work is approved by the ESD.
(19) 
Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, building entrances and exits, and ingress and egress. No light standard shall exceed 10 feet in height. No light source shall be fixed to any building so that rays are perpendicular to the building face. All direct rays of the light source shall be confined to the site.
(20) 
Driveway apron maintenance. The County does not assume any responsibility for the removal or clearance of snow, sleet, ice, silt, vegetation, wind-blown debris or the opening of windrows of such materials upon any portion of any driveway or entrance along any County road.
(21) 
Drainage. Drainage design shall conform to NMDOT requirements and to all applicable local regulations and requirements. Drainage on side ditches shall not be altered or impeded. The applicant/owner shall provide suitable and approved drainage structures as required by the County based on acceptable engineering practices. The following engineering practices and information shall be submitted by permit applicants when any changes are made in drainage conditions:
(a) 
A report including a description of the existing drainage conditions, the proposed revisions and the effect of the proposed changes on existing conditions. It shall include, but not be limited to, proposed drainage structures that shall carry the design flow of water in the side ditches.
(b) 
Maps and drawings shall address all pertinent features of the proposed modification. This may include, but not be limited to, site maps, drainage area maps, contour maps, grading plans, structure profiles, and channel profiles.
(c) 
Hydrologic and hydraulic calculations are required for design discharge, headwater elevations, tailwater elevations, flow depths and flow velocities in channels, design discharge, and headwater elevations in culverts.
(22) 
Pipe culverts placed parallel to thoroughfares shall have a concrete blanket placed on both ends of the structure. The concrete blanket shall have horizontal two-inch steel pipes (extra-strong AISC designation) placed such that the spacing shall not exceed 24 inches and shall be designed so that the grate can be lifted up or removed for cleaning purposes.
G. 
Parking requirements. Parking requirements for multifamily and all nonresidential uses shall follow the Institute of Transportation Engineers (ITE) Parking Generation Manual, most current edition.
[Amended 11-14-2017 by Ord. No. 294-2017]
(1) 
Parking areas for uses where 10 spaces are required shall be paved with at least two inches thickness of Hot-Mix pavement over six inches of Base Course. If less than 10 spaces are required, then ADA spaces shall be paved, with other parking spaces surfaced with a minimum of six inches of Base Course; thickness as structurally necessary.
A. 
Basis for establishing area of special flood hazard. The areas of special flood hazard identified by the effective Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for Doña Ana County, New Mexico," with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM), and any revisions thereto are hereby adopted by reference and declared to be a part of this section.
B. 
Duties and responsibilities of Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) 
Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
(2) 
Review permit application to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) 
Review all applications for floodplain development permits required by adoption of this chapter.
(4) 
Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.
(5) 
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
(6) 
Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the New Mexico State Engineer, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) 
Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) 
When base flood elevation data have not been provided in accordance with § 350-604I, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of § 350-604F through I.
(9) 
When a regulatory floodway has not been designated, the Floodplain Administrator shall require that new construction, substantial improvements, or other development (including fill) shall not be permitted, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(10) 
Under the provisions of 44 CFR Chapter I, Subchapter B, Part 65, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A, AE, AH and AO on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.
C. 
Floodplain development permit. A floodplain development permit shall be required for all development in a FEMA special flood hazard area ( SFHA), (refer to Appendix BB).
[Amended 12-8-2020 by Ord. No. 317-2020]
D. 
Elevation certificates, construction. An elevation certificate (EC) is required for all construction within a Federal Emergency Management Agency (FEMA) designated floodplain. Construction may not be started until the applicant has provided an elevation certificate that has been accepted by a certified floodplain manager (CFM) in the Flood Commission. Procedures for every situation described below can be found in Appendix BB.
[Added 12-8-2020 by Ord. No. 317-2020[1]]
(1) 
Building permits. New development in a FEMA SFHA will require three elevation certificates to be reviewed and accepted by the Flood Commission. An EC is required prior to receiving a permit, prior to pouring a foundation, and prior to receiving a certificate of occupancy.
(a) 
Pre-construction elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor and returned to the Flood Commission prior to any construction on site has begun. A building permit can be released by the Flood Commission upon receipt and acceptance of this EC.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations. The proposed building pad footprint should be staked out by the surveyor/developer prior to any development or alteration of existing topography, with all corners marked. Elevations for all corners shall be surveyed, with the highest and lowest of the observed elevations serving as the highest and lowest adjacent grade, respectively.
[d] 
Photographs of site in existing conditions.
(b) 
Under-construction elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor, and accepted by the Flood Commission prior before the structure foundation is poured. Once the forms are set for the foundation, elevations should be obtained for anticipated top of bottom floor, and any changes of adjacent grade shown on the pre-construction elevation certificate should be noted.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations. The highest and lowest adjacent grades should be observed at the top of building pad.
[d] 
Anticipated top of bottom floor elevation. Elevation shall be shot at the top of wood or metal forms.
[e] 
Photographs of installed forms, from all sides.
(c) 
Post-construction elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor, and accepted by the Flood Commission Office after construction is complete. A certificate of occupancy will not be issued until a post construction EC is accepted by the Flood Commission. Elevations shall be obtained for top of bottom floor for main structure or any attached garage or accessory structure, machinery/equipment servicing the structure, and all adjacent grades.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations shall be shot adjacent to finished structure.
[d] 
Photographs of all sides of the structure, and any machinery or equipment servicing the building.
(2) 
Building permits, existing development will require one elevation certificate to be reviewed and accepted by the Flood Commission. An EC shall only to be required for an existing structure when obtaining a new flood insurance policy in order to reflect property changes that may affect insurance premiums, transfer of ownership or to accompany a change in financing options.
(a) 
Post-construction elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor, and accepted by the Flood Commission Office after construction is complete. A certificate of occupancy will not be issued until a post construction EC is accepted by the Flood Commission. Elevations shall be obtained for top of bottom floor for main structure or any attached garage or accessory structure, machinery or equipment servicing the structure, and all adjacent grades.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations should be shot adjacent to finished structure.
[d] 
Photographs of all sides of the structure, and any machinery/equipment servicing the building.
(3) 
Mobile home installation permits. New construction will require two elevation certificates to be reviewed and accepted by the Flood Commission. An EC is required prior to receiving an installation permit.
(a) 
Pre-placement elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor and returned to the Flood Commission prior to any construction on site has begun. A mobile home installation permit may be released by the Flood Commission upon receipt and acceptance of elevation certificate.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations shall be observed on existing topography, on anticipated placement location.
[d] 
Photographs of site in existing conditions.
(b) 
Post-placement elevation certificate. An elevation certificate must be signed and sealed by a New Mexico registered professional surveyor, and returned to the Flood Commission Office after placement is complete.
[1] 
Required components:
[a] 
Benchmark.
[b] 
Datum.
[c] 
Highest and lowest adjacent grade elevations should be observed on topography immediately adjacent to the newly placed structure.
[d] 
Photographs of all sides of the structure and any machinery/equipment servicing the building.
(4) 
Elevation certificates, limits on liability. The acceptance of an elevation certificate and related information shall not constitute a representation, guarantee or warranty of any kind or nature by Doña Ana County or any other political subdivision, or by an officer or employee of any of them, of the practicability or safety of any structure or activity, and such acceptance shall create no liability upon or cause of action against any public body, officer, or employee for damage that may result therefrom.
(5) 
Certificate of occupancy. Certificates of occupancy shall not be issued until all applicable requirements of the currently adopted Building Code and this chapter are met. Once a certificate of occupancy is issued, a business registration shall be obtained for nonresidential uses when required by law.
[1]
Editor's Note: This ordinance also renumbered former Subsections D through I as Subsections E through J, respectively.
E. 
Interpretation. In the interpretation and application of this chapter, all provisions shall be:
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
F. 
Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Amended 12-8-2020 by Ord. No. 317-2020]
G. 
General standards. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements:
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(3) 
All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(4) 
All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(5) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(6) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters; and
(7) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
H. 
Specific standards. In all areas of special flood hazards where Base Flood Elevation (BFE) data have been provided on the Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) as set forth in:
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
Residential construction. New construction substantial improvement, or reconstruction due to substantial damage of any insurable structure, in addition to all equipment or mechanical items servicing the structure shall have the lowest floor (including basement) elevated to one foot above the base flood elevation. A registered professional land surveyor shall submit an elevation certification to the Floodplain Administrator to verify that the standard of this section is satisfied.
(2) 
Nonresidential construction. New construction, substantial improvements or reconstruction due to substantial damage of any insurable commercial, industrial or other nonresidential structure, in addition to all equipment or mechanical items servicing the structure, shall be designed so that below the BFE, the structure is watertight. This requires either that the lowest floor (including basement) is elevated to one foot above the BFE or, together with attendant utility and sanitary facilities, walls are substantially impermeable to the passage of water, and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction. A registered professional engineer or land surveyor shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this section. A record of such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Floodplain Administrator.
(3) 
Enclosures. New construction and substantial improvements shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. This includes fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement, which are subject to flooding. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(a) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, valves, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Manufactured homes.
(a) 
All manufactured homes to be placed within Zones A, AE, AH and AO on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b) 
Manufactured homes that are placed or substantially improved within Zones A, AE, AH and AO on the community's FIRM on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood are required to be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(c) 
Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A, AE, AH and AO on the community's FIRM that are not subject to the provisions of this section shall be elevated so that:
[1] 
The lowest floor of the manufactured home is at or above the base flood elevation; or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(5) 
Recreational vehicles. Recreational vehicles placed on sites within Zones A, AE, AH and AO on the community's FIRM shall either:
(a) 
Be on the site for a maximum of 180 consecutive days;
(b) 
Be fully licensed and ready for highway use; or
(c) 
Meet the permit requirements of § 350-601G(1) and the elevation and anchoring requirements for manufactured homes in § 350-604H of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
I. 
Standards for subdivision proposals.
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to § 350-604A or 350-604B(8).
(2) 
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(3) 
All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
J. 
Standards for areas of shallow flooding (AO/AH Zones). Located within the areas of special flood hazard established in § 350-604A are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one foot to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Therefore, the following provisions apply:
[Amended 12-8-2020 by Ord. No. 317-2020]
(1) 
All new construction, substantial improvements, and reconstruction due to substantial damage of residential structures, including all equipment or mechanical items servicing the structure, shall have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the BFE specified on the community's FIRM (at least two feet if no BFE is specified).
(2) 
All new construction, substantial improvements and reconstruction due to substantial damage, of nonresidential structures, including all equipment or mechanical items servicing the structure shall:
(a) 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(b) 
Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effect of buoyancy.
(3) 
A registered professional engineer or surveyor shall submit a certification to the ESD, for review by the Floodplain Administrator, that the standards of this section, as proposed in § 350-601G, are satisfied.
(4) 
Within Zone AH or AO, adequate drainage paths around structures on slopes shall be required to guide floodwaters around and away from proposed structures.
K. 
Elevation certificates, construction. Construction within a Federal Emergency Management Agency (FEMA) designated floodplain may not be started until the applicant has provided an elevation certificate that has been accepted by the appropriate County agency: the Flood Commission or County Engineer. Designs for construction in the floodplain shall be prepared by a professional engineer licensed in New Mexico.
L. 
Elevation certificates, limits on liability. The acceptance of an elevation certificate and related information will not constitute a representation, guarantee or warranty of any kind or nature by Doña Ana County or by any political subdivision, or by an officer or employee of any of them, of the practicability or safety of any structure or activity, and will create no liability upon or cause of action against any public body, officer, or employee for damage that may thereby result.
M. 
Certificate of occupancy. Certificates of occupancy shall not be issued until all applicable requirements of the currently adopted Building Code and this chapter are met. Once a certificate of occupancy is issued, a business registration shall be obtained for nonresidential uses when required by law.
A. 
General provisions. No grading shall be done within the County without complying with the requirements of this article and by an appropriately licensed contractor in the State of New Mexico. A grading permit shall be obtained from the County prior to the start of construction by an engineer licensed in the State of New Mexico. A copy of the grading permit shall be posted on site during hours of operation. See § 350-601H.
(1) 
Work for which a grading permit has been issued under this article shall be executed in conformance with the grading plan approved by the ESD and shall not be abandoned or left incomplete. Failure to continue significant work on a site once grading has begun may be determined by the County to be an abandonment of the work required by the permit, and such abandonment will constitute a violation of this article.
(a) 
The permittee is responsible for notifying the County within seven days of stoppage for extenuating circumstances.
(b) 
Having persons or equipment at a site, but not performing the work, is not construed to be significant work.
(c) 
Projects shall not be considered complete until notice of termination has been made in accordance with all County and state regulations, and the National Pollutant Discharge Elimination System requirements.
B. 
Clearing and grubbing. Clearing and grubbing may require a grading permit as determined by the County based on the following circumstances:
(1) 
The grading of a driveway/access or road to a site;
(2) 
To clear vegetation when work is necessary to allow proper preliminary engineering on the site;
(3) 
To provide security for a site from unauthorized grading or dumping by clearing, loosening and berming the soil in a narrow band around the perimeter of the property;
(4) 
The construction of building pads; and
(5) 
For such other purposes as the County may determine are proper but do not entail reshaping or contouring of the land to any significant degree.
C. 
Exceptions from permits. Exceptions concern only the obligation to apply for a permit, and do not relieve the landowner from complying with the remaining provisions of this article. Grading permits will not be required under the following circumstances:
(1) 
Residential new construction, remodeling, additions or other alterations to existing structures are exempt from the requirements of § 350-601H provided that they meet the following conditions:
(a) 
Average slopes across the area to be developed in excess of 4% are not disturbed; and
(b) 
Existing drainage patterns are not changed on the property, do not change the location of entrance or exit points or that would increase the amount of stormwater runoff leaving the property.
(2) 
Commercial new construction, remodeling, additions or other alterations to existing structures are exempt from the requirements of § 350-601H provided that they meet the following conditions:
(a) 
Less than 1,000 square feet of total land area and less than six inches in depth is disturbed;
(b) 
Average slopes across the property are greater than 4% and are not disturbed; and
(c) 
Existing drainage patterns are not changed on the property, do not change the location of entrance or exit points or would not increase the amount of stormwater runoff leaving the property.
(3) 
Other exceptions, where the work is:
(a) 
Routine agricultural or land management operations necessary for cultivation of the soil of a farm or ranch (NMSA 1978, § 47-9-1, Right to Farm Act);
(b) 
Trenching operations for the construction or repair of pipelines and other underground utilities; or
(c) 
Small in depth, area or effect such as, but not limited to, tree planting, intermittent and minor landscaping.
(4) 
For the placement of a mobile home on lot, where permitted, and where no grading is done.
D. 
Erosion control plan (ECP). Any grading, construction, demolition, or development requiring a permit or other form of approval under any County ordinance shall have an approved ECP in place prior to receiving a permit. The ECP may be separate documents, or incorporated as part of required construction plans.
(1) 
New development. Any development that requires a permit under any County ordinance shall require an ECP be submitted consistent with this section. Grading for all construction, including single-family dwelling units, shall be limited to the building pad, pond, driveway, and an additional five feet in all directions from these areas, unless a need for additional area is demonstrated.
(2) 
Existing conditions. If the condition of a property is determined to pose a significant health threat because of its vulnerability to erosion by natural forces due to the human development of the property, or if the location of the property is near concentrations of vulnerable populations (i.e., school children, ill or elderly persons), the owner of such property will be required to submit an erosion control plan (ECP) consistent with this section.
(a) 
Determination. The initial determination that a property is in such a condition may be made in writing by any law or code enforcement or other County agent authorized to make such a determination and is subject to review by the ESD.
(b) 
Plan submission requirement. Upon receipt of the determination, the property owner shall submit a proposed ECP within 30 days to the County representative who made the determination. The ECP shall include the BMPs presented within this section, or any other BMPs for eliminating or mitigating the vulnerable condition of the property. The plan shall include a proposed timeline for implementation.
(c) 
Review of ECP. Upon receipt of the proposed ECP, the County Engineer, or their designee, will determine if the ECP is sufficient. If the ECP is determined to be insufficient, such determination and reasons therefor shall be provided to the property owner in writing. The property owner shall be given 10 working days to revise the ECP and address the insufficiencies.
(3) 
Exempt activities. Although the County encourages the use of best management practices (BMPs) in all activities, the following activities are exempt from the regulations and restrictions of this section:
(a) 
Regular agricultural operations covered by the Right to Farm Act, NMSA 1978, §§ 47-9-1 through 47-9-7, including cultivating, tilling, growing, and harvesting crops, and the raising of farm animals or fowl.
(b) 
Governmental activities during life-threatening situations, other emergencies, or in connection with any officially declared disaster or state of emergency.
(c) 
Operations conducted by essential service utilities to provide electricity, natural gas, oil and gas transmission lines, telephone, water, and sewage during or to avoid service outages and emergency disruptions.
(d) 
Temporary use of unpaved roads and parking lots that generate fewer than 20 vehicle trips per day for fewer than three successive days.
(4) 
ECP documentation. The following shall constitute the information required within the ECP to describe the best management practices (BMPs) proposed for the project or existing land surface. BMPs shall be outlined and approved as part of the overall review of construction drawings (or ECP if construction drawings do not apply) through the ESD and CDD. The ECP shall be developed by a professional engineer licensed in the State of New Mexico.
(a) 
Name(s), address(es) and phone number(s) of person(s) responsible for the preparation, submittal and implementation of the ECP, and for the dust-generating operations.
(b) 
A site plan or plat of survey of the site that describes the following. This may be combined with the grading plan if applicable. See § 350-605H.
[1] 
The total disturbed area and the total area of the entire project site, in acres or square feet, depending on the scale.
[2] 
The operation(s) and activities to be carried out on the site.
[3] 
All anticipated sources of fugitive dust emissions on the site.
[4] 
Temporary drainage and ponding facilities to minimize soil erosion and localized flooding of adjacent properties from water utilized on site for development or dust control.
[5] 
Delivery, transport, and storage area locations, types of materials, and size of stockpiles for each type of material proposed for the site.
(c) 
A description of BMPs to be applied during all periods of dust-generating operations to each of the fugitive dust sources on the site plan or plat. At minimum, required information, including specific details, are listed below.
[1] 
If dust suppressants are to be applied, the type of suppressant; method, frequency, and intensity of application; the number and capacity of application equipment to be used; and any pertinent information on environmental impacts and/or certifications related to appropriate and safe use for ground applications shall be clearly indicated.
[2] 
The specific surface treatment(s), and/or other BMPs utilized to control material track-out and sedimentation, where unpaved and/or access points join paved surfaces shall be clearly indicated.
[3] 
For each fugitive dust source identified, at least one BMP shall be implemented. The same BMP may be used for more than one dust-generating activity. In addition, at least one auxiliary BMP shall be designated as a contingency measure and be clearly described. Should the original BMP prove ineffective, immediate and effective implementation of the contingency measure shall obviate the requirement of submitting a revised ECP.
[4] 
BMPs to be implemented prior to any period of inactivity, due to any reason other than extended rainfall of 10 days or more shall be clearly indicated.
(d) 
A description of BMPs or combination thereof to be used to minimize the negative effects of water usage on site during the development activities. All approved BMPs should be continued until final stabilization is achieved.
(e) 
The person responsible for implementing the objectives of the ECP shall keep accurate records and document all activities in carrying out the ECP. These records shall be made available upon request by the County staff.
(5) 
ECP review and acceptance. Review and acceptance of a proposed ECP shall be the responsibility of the ESD, or other authorized County staff members. Acceptance may be conditioned upon the implementation of additional measures, actions, or other activities, in addition to those included in the proposed ECP. Acceptance and issuance of the building permit and/or construction permit, and the approval of all outlined BMPs contained within the ECP shall constitute a mandate that the accepted BMPs be implemented by the developer, operator, builder, owner, and/or agents as part of construction activities.
(6) 
Best management practices (BMPs). BMPs included within an ECP required by this section may include any one or more of the following measures:
(a) 
Designing subdivisions or building sites to maintain existing, predevelopment grades.
(b) 
Watering disturbed areas on a regular, yet minimum, basis throughout daily construction activities.
(c) 
Applying palliatives or chemical soil suppressant/stabilizer for idle construction periods.
(d) 
Constructing snow and/or wind fences.
(e) 
Reseeding or natural cover restoration within graded or disturbed areas.
(f) 
Grading for street and utility placement only as part of subdivision construction.
(g) 
Building some or all interior and perimeter cinder block, rock walls, and retaining walls as part of the overall construction of all subdivisions and not part of the individual building permit for each lot.
(h) 
Preserving natural vegetation during the construction phase of buildings, excluding the building pad site.
(i) 
Utilizing existing or natural vegetation as part of the required landscaping for the site as elsewhere required within these design standards, to limit grading activities, to promote water conservation, and to reduce dust generation.
(j) 
Installing vegetation or non-natural landscaping elements in the latter part of construction to reduce the amount of disturbed area and the potential for dust generation.
(k) 
Implementing any other reasonable dust-suppressing agent or activity.
(l) 
Active operations in construction areas and other land disturbances:
[1] 
Short-term BMPs:
[a] 
Regularly scheduling wet suppression.
[b] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[c] 
Incorporating temporary upwind windbreaks, including fabric fences with the bottom of the fence sufficiently anchored to the ground to prevent material from blowing underneath the fence.
[d] 
Starting construction upwind and stabilizing disturbed areas before disturbing additional areas.
[e] 
Stopping active operations during high wind periods.
[2] 
Long-term BMPs:
[a] 
Stabilizing the site using dust suppressants applied in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[b] 
Reseeding with native grasses or vegetation.
[c] 
Xeriscaping.
[d] 
Tree planting.
[e] 
Permanent perimeter and interior fencing.
(m) 
Specific construction guidelines. The following BMPs may be incorporated in a proposed ECP to mitigate the effects of specific activities:
[1] 
Unpaved roadways:
[a] 
Paving using asphalt, recycled asphalt, asphaltic concrete, concrete, or double-penetration (consistent with subdivision or zoning requirements).
[b] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[c] 
Scheduling regular wet suppression.
[d] 
Using traffic controls, including decreased speed limits with appropriate enforcement, vehicle access restrictions and controls, road closures and barricades, and off-road vehicle access controls and closures.
[2] 
Trucks hauling bulk materials on public roadways:
[a] 
Properly securing tarps or cargo covering that cover the entire surface of the load.
[b] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[c] 
Maintaining six inches of clear, vertical distance from the highest portion of the load to the lowest portion of the truck beds.
[d] 
Preventing leakage from the truck bed, sideboards, tailgate or bottom dump gate.
[3] 
Bulk material handling:
[a] 
Using spray bars.
[b] 
Adding wetting agents (surfactants) to bulk material.
[c] 
Manually applying wet suppression.
[d] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[e] 
Avoiding bulk material handling during high wind conditions.
[f] 
Reducing process speeds.
[g] 
Reducing drop heights.
[4] 
Industrial sites:
[a] 
Paving roadways and parking areas with asphalt, recycled asphalt, asphaltic concrete, or concrete.
[b] 
Regularly scheduling vacuum street cleaning.
[c] 
Scheduling regular wet suppression of unpaved areas.
[d] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[e] 
Incorporating wind breaks or enclosures.
[f] 
Increasing wet suppression applications during high wind conditions.
[g] 
Stopping or slowing active operations during high wind conditions.
[5] 
Demolition and renovation activities when asbestos-containing materials are not present. If asbestos-containing material may be present, all demolition or renovation activity shall be performed in accordance with the federal standards referenced in 20 NMAC 11.64, Emission Standards for Hazardous Air Pollutants for Stationary Sources. In other instances, the following BMPs may be utilized:
[a] 
Applying constant wet suppression on debris piles during demolition.
[b] 
Applying dust suppressants in amounts and rates recommended by the manufacturer and maintaining as recommended by the manufacturer.
[c] 
Incorporating enclosures, curtains, or shrouds.
[d] 
Using negative-pressure dust collectors.
[e] 
Stopping demolition during high wind conditions.
[6] 
Milling, grinding or cutting of paved or concrete surfaces.
[a] 
Applying constant wet suppression.
[b] 
Continuing ongoing cleanup of milled, ground or cut material.
[c] 
Dust suppression applied in amounts and rates recommended by the manufacturer and maintained as recommended by the manufacturer.
[d] 
Incorporating enclosures, curtains, or shrouds.
[e] 
Using negative-pressure dust collectors.
[7] 
Pressure blasting operations:
[a] 
Using nonfriable abrasive material.
[b] 
Incorporating curtains or shrouds.
[c] 
Using negative-pressure dust collectors.
[d] 
Applying constant wet suppression.
[e] 
Continuing ongoing cleanup of abrasive material.
E. 
General nonconstruction activity standards.
(1) 
Ground cover removal prohibited. No person shall disturb the topsoil or remove ground cover on any real property within County unless reasonable actions are taken to prevent generation of dust caused by the disturbed condition.
(2) 
Weed eradication and dust suppression.
(a) 
Weed eradication is limited to removal of specific weeds; clearing of the entire lot is prohibited.
(b) 
Once weeds are removed or mowed, options for dust suppression include watering, chemical suppressant application, or the expansion of natural vegetation areas on the site. Expansion of natural vegetation areas is encouraged.
(3) 
Storage of materials and material transport. Actions shall be taken to ensure that material storage, transport, and use areas and/or practices with the potential of becoming or generating fugitive dust and particulate matter shall be covered, moistened, compacted, or otherwise treated to prevent fugitive dust creation.
F. 
Engineering controls for stormwater and drainage runoff.
(1) 
Authority. This section is adopted in accordance with the authority granted by the New Mexico Water Quality Act, NMSA 1978, § 74-6-1 et seq., and the United States Clean Water Act. See 33 U.S.C. § 1251 et seq. Under the National Pollutant Discharge Elimination System (NPDES) established by the Clean Water Act (33 U.S.C. § 1342), Doña Ana County is required to obtain a permit for stormwater discharges from its municipal separate storm sewer system (MS4). In 2007 the U.S. Environmental Protection Agency (EPA) issued an NPDES Final General Permit (Federal Register Volume 72, Number 113, Page 32654) for small municipal separate storm sewer systems in New Mexico under which the County has obtained permit authorization for its stormwater discharges. The permit requires the County to adopt an ordinance that prohibits non-stormwater discharges into the MS4 and requires construction site operators to control erosion, sediment and wastes.
(2) 
Purpose. The purpose of this section is to promote the elimination or reduction of pollutants that enter the MS4 and to establish control over discharges to and from the MS4. The purpose of this section is to:
(a) 
Maintain and improve the quality of surface water and groundwater within the County limits;
(b) 
Prevent the discharge of contaminated stormwater runoff from industrial, commercial, residential, and construction sites into the MS4, channels, watercourses, and waters of the U.S.;
(c) 
Promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, and other contaminants into the MS4, channels, watercourses, water, and waters of the U.S.;
(d) 
Minimize destruction of the natural landscape by reducing erosion and sedimentation;
(e) 
Control the adverse impacts associated with accelerated stormwater runoff on natural channels, watercourses, and all MS4 structures due to increased development and creation of new impervious surfaces;
(f) 
Minimize erosion and degradation of channels and watercourses and improve their condition where possible;
(g) 
Respect, protect, maintain, and restore natural channels and watercourses, wetlands, bosques, floodplains, steep slopes, riparian vegetation, and wildlife habitat areas;
(h) 
Facilitate compliance with state and federal standards and permits by owners and operators of construction sites;
(i) 
Enable the County to comply with all federal and state laws, regulations and permits applicable to stormwater discharge; and
(j) 
Protect the health and welfare of and improve the quality of life for the citizens and residents of the County.
(3) 
Administration and enforcement. The County Engineer designee shall administer and coordinate the implementation and enforcement of the provisions of § 350-605F, Engineering controls for stormwater and drainage runoff. Duties and responsibilities of the County Engineer shall include, but are not limited to, the following:
(a) 
Ensure the provisions of MS4 are met, including but not limited to dams, detention and retention basins, storm drains, outlets, pumping stations, channels, watercourses, water, and waters of the U.S. within the County;
(b) 
Maintain and hold open for public inspection all records pertaining to the provisions of this section;
(c) 
Review and accept stormwater pollution prevention plans (SWPPP) required by this section;
(d) 
Supervise the operation and maintenance of the MS4 to ensure its safe and effective functioning and notify the appropriate staff of any required maintenance and/or repair work;
(e) 
Establish and implement a program to locate and eliminate illicit discharges and improper disposals to the MS4; and
(f) 
Establish and implement a program to control pollutants in stormwater discharges from construction activities.
(4) 
General prohibitions.
(a) 
No person shall introduce or cause to be introduced into the MS4, channels, watercourses, water, or waters of the U.S. within the County any discharge that is not composed entirely of stormwater.
(b) 
It is an affirmative defense to any enforcement action for violation of this section that the discharge was composed entirely of one or more of the following categories of discharges:
[1] 
Any authorized by and in full compliance with an NPDES construction general permit (other than the NPDES permit for discharges from the MS4);
[2] 
Agricultural stormwater runoff;
[3] 
Residential lawn watering, residential landscape irrigation, or crop irrigation water;
[4] 
A discharge from a diverted stream flow or natural spring;
[5] 
Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20) to the MS4;
[6] 
Uncontaminated water from a foundation drain, crawl space pump, footing drain, or sump pump;
[7] 
A discharge from a potable water source not containing any pollutant or material from the cleaning or draining of a storage tank or other container;
[8] 
An uncontaminated discharge from riparian habitat or wetland; or
[9] 
A discharge of de-chlorinated swimming pool water.
(c) 
No affirmative defense shall be available under § 350-605F(4)(b) of this section if the discharge or flow in question has been determined by the County to be a source of a pollutant or pollutants to the MS4, channels, watercourses, water, or waters of the U.S. and written notice of such determination has been provided to the discharger.
(d) 
The burden of proof that a discharge was composed entirely of one or more of the categories in § 350-605F(4)(b) and that it was not a source of a pollutant or pollutants to the MS4, channels, watercourses, water, or waters of the U.S. is upon the person responsible for the discharge.
(5) 
Specific prohibitions and requirements. The specific prohibitions and requirements in this section are within, but do not limit, the general prohibition of all the discharges prohibited by the general prohibitions in § 350-605F(4).
(a) 
No person shall introduce, or cause to be introduced, into the MS4 any discharge that causes or contributes to causing the County to violate a water quality standard, the County's NPDES permit, or any state or federal issued discharge permit for discharges from the County's MS4.
(b) 
No person shall release, cause, allow, or permit the introduction of any of the following substances into the MS4 or the channels, watercourses, water, or groundwater within the jurisdiction of the County:
[1] 
Used motor oil, antifreeze, hydraulic fluid, or any other motor vehicle fluid;
[2] 
Industrial waste or wastewater;
[3] 
Hazardous waste, including household hazardous waste;
[4] 
Domestic sewage or septic tank, grease trap, or grit trap waste;
[5] 
Wastewater from a commercial car wash facility and commercial vehicle washing, cleaning, or maintenance at any new or used automobile, or other vehicle, dealership, rental agency, body shop, repair shop, or maintenance facility;
[6] 
Wastewater from the commercial washing, cleaning, deicing, or other maintenance of aircraft(s);
[7] 
Wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior where the wastewater contains any soap, detergent, degreaser, solvent, other cleaning substance, or a pollutant from the surface that is being cleaned, or that has been produced by wash water applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating;
[8] 
Wastewater from commercial floor, rug, or carpet cleaning;
[9] 
Wastewater from the wash down or other cleaning of pavement that contains any soap, detergent, degreaser, solvent, other cleaning substance, or a pollutant from the surface that is being cleaned, or that has been produced by wash water applied at pressures elevated above the distribution system pressure, or that is at a temperature that has been elevated by induced heating; or any wastewater from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all quantities of such released material have been previously removed;
[10] 
Effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or the blow down from a boiler containing harmful quantities of a pollutant;
[11] 
Ready-mixed concrete, mortar, ceramic, asphalt base material, hydromulch material, soil stabilizers, or runoff from the cleaning of commercial vehicles or equipment containing, transporting, or applying such material;
[12] 
Contaminated filter backwash from a swimming pool, fountain, or spa;
[13] 
Fountain, swimming pool, or spa water that is chlorinated (containing 0.1 milligram/liter or more of chlorine when tested with a standard pool chlorine test kit) or contains pollutants, to include any filter backwash water;
[14] 
Discharge from water lines disinfected by super chlorination or other means, if it contains any harmful quantity of chlorine or any other chemical used in line disinfection;
[15] 
Water from a water curtain in a spray room used for painting vehicles or equipment;
[16] 
Contaminated runoff from a vehicle wrecking yard;
[17] 
Substance or material that will damage, block, or clog the MS4;
[18] 
Release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge complies with all state and federal standards and requirements;
[19] 
Garbage, rubbish, yard waste, or other floatable material;
[20] 
Runoff, wash-down or other discharge from an animal pen, kennel, or fowl or livestock containment area, unless the discharge is authorized by an NPDES permit for a concentrated animal feeding operation; or
[21] 
Rubble, debris, tile, concrete, brick, asphalt or other building material.
(c) 
No person shall introduce, or cause to be introduced, into the MS4, channels, watercourses, water, or waters of the U.S. any quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation, or other construction activities, or associated with land filling, other placement, or disposal of soil, rock, or other earth materials, in excess of what could be retained on site or captured by employing erosion and sedimentation control measures to the maximum extent practicable under prevailing circumstances.
(d) 
No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue.
(e) 
Parking lot storm drain inlets shall be maintained free of garbage, rubbish, yard waste, and other debris. Such material removed from the inlets shall be disposed of in a container and shall not be allowed to enter the MS4.
(6) 
Release reporting and cleanup. The person operating any facility, vehicle, or other source of spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances that may flow, leach, enter, or otherwise be introduced into the MS4, channels, watercourses, water, or waters of the U.S., shall immediately notify the Mesilla Valley Regional Dispatch Center at (575) 526-0795, or 911 and the County Engineering Services Department and the County's Flood Commission on the next business day:
(a) 
An amount equal to or in excess of a reportable quantity of any hazardous substance, as established in 40 CFR Part 302;
(b) 
An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR Part 355;
(c) 
An amount of oil that either:
[1] 
Violates applicable water quality standards; or
[2] 
Causes a film or discoloration of the surface of the water or a bordering ground or causes a sludge or emulsion to be deposited beneath the surface of the water or upon a bordering ground; or
(d) 
Any harmful quantity of any pollutant as defined in § 350-605F(5).
(e) 
The immediate notification required by § 350-605F(6) include the following information:
[1] 
The identity or chemical name of the substance released, chemical classification, and whether the substance is an extremely hazardous substance;
[2] 
The exact location of the release, including any known name of the waters involved or threatened, and any other environmental media affected;
[3] 
The time and duration of the release;
[4] 
An estimate of the quantity and concentration (if known) of the substance released;
[5] 
The source of the release;
[6] 
Any known or anticipated health risks associated with the release, and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals;
[7] 
Any precautions that should be taken as a result of the release;
[8] 
Any steps that have been taken to contain and clean up the released material and minimize its impacts; and
[9] 
The names and telephone numbers of the person or persons to be contacted for further information.
(f) 
Within 14 days following such release, the person operating the facility, vehicle, or other source of the release shall submit a written report to the County Engineering Services Department containing each of the items of information specified above in § 350-605F(6)(e) of this section, as well as the following additional information:
[1] 
The ultimate duration, concentration, and quantity of the release;
[2] 
All actions taken to respond, contain, and clean up the released substances, and all precautions taken to minimize the impacts;
[3] 
Any known or anticipated acute or chronic health risks associated with the release;
[4] 
Where appropriate, any advice regarding medical attention necessary for exposed individuals;
[5] 
The identity of any governmental/private sector representatives responding to the release; and
[6] 
The measures taken, or to be taken, by the responsible person(s) to prevent similar future occurrences.
(g) 
Any release report required by a state or federal authority containing the information described in § 350-605F(5) and (6) of this section shall be adequate to meet County reporting requirements.
(h) 
The notifications required by § 350-605F(5), (6), and (7) of this section shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the County, natural resources, or any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this chapter or to state or federal law.
(i) 
Any person responsible for any release as described in § 350-605F(6) of this section shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release.
(j) 
Any person responsible for a release described in § 350-605F(6) of this section shall reimburse the County for any cost incurred by the County in responding to the release, within 30 days of being invoiced by the County.
G. 
Stormwater pollution prevention plan (SWPPP). Except for small construction activities with the waiver described in § 350-605G(15), all operators of a construction activity shall prepare a SWPPP for review and approval by the County. In cases where more than one person meets the definition of "operator," the persons may cooperate to prepare and implement a single, comprehensive SWPPP for the entire construction site and all phases of construction activity. The SWPPP shall be submitted to the County a minimum of 30 days prior to any land disturbance. For subdivision plans, a SWPPP shall be included with the final subdivision plan submittal. The County will review a SWPPP submittal or resubmittal and either accept it or provide a written notice of deficiencies within 30 days of the County receiving the SWPPP.
(1) 
Contents of the SWPPP. The SWPPP shall be in accordance with the requirements for the effluent limits, and the conditions applicable to the State of New Mexico in the NPDES general permit for discharges from construction activities that is effective at the time the SWPPP is submitted to the County for review. The site map, or ECP, required by the CGP shall consist of drawings that are a minimum of 11 inches by 17 inches and sealed by a professional engineer in the State of New Mexico or a CPESC. At a minimum, the SWPPP shall contain, but is not limited to, the following:
(a) 
Name, address, phone number, fax number, e-mail address and SWPPP responsibilities of all operators using the SWPPP;
(b) 
Name, address, phone number, fax number, and e-mail address of the property owner(s);
(c) 
Site map, grading plan or ECP; see §§ 350-605H and 350-605D;
(d) 
Sequence and timing of activities that disturb soil, including phasing to minimize the amount of area disturbed at one time;
(e) 
Delineation and fencing or other protective measures for existing vegetation and natural resources to be preserved;
(f) 
Controls to minimize the disturbance of natural channels, watercourses, and steep slopes;
(g) 
Controls to minimize water and wind erosion during construction;
(h) 
Controls to minimize sediment discharges in stormwater runoff during construction;
(i) 
Pollution prevention measures to minimize the discharge of pollutants from on-site materials and wastes, including, but not limited to, concrete truck washout, water from equipment and vehicle washing, wheel wash water, washout of stucco or paint, any other wash water, fuels, oils, other equipment and vehicle maintenance fluids, chemicals, building materials, building products, construction wastes, rubbish, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and spills and leaks;
(j) 
Controls to minimize off-site vehicle tracking of sediment onto paved surfaces;
(k) 
Sediment basins and/or turbidity treatment processes for drainage locations that serve an area with 10 or more acres disturbed at one time, as required by the CGP;
(l) 
Temporary and permanent outlet structures and velocity dissipation devices at stormwater discharge locations to protect against erosive velocities during and after construction;
(m) 
Practices to stabilize all disturbed areas, including off-site areas that were disturbed in support of the construction activity, when construction activity is completed (final stabilized) or has halted (temporarily stabilized), and will not resume within 14 days;
(n) 
Controls to remove suspended soil particles and other pollutants in water discharged from dewatering activities, including discharges from dewatering of trenches and excavations;
(o) 
Using soil loss prediction models or equivalent and generally accepted soil loss prediction tools, documentation that implementation of the site-specific practices in the SWPPP will result in sediment yields and flow velocities that, to the maximum extent practicable, will not be greater than the sediment yield levels and flow velocities from preconstruction, predevelopment conditions;
(p) 
Inspection and maintenance procedures for best management practices and other control measures; and
(q) 
Signature and certification of each operator using the SWPPP, in accordance with the CGP requirements for who is authorized to sign and certify for the operator.
(2) 
SWPPP inspections. Qualified personnel (provided by the operator of the construction site) shall inspect all disturbed areas of the construction site that are not stabilized and areas used for storage of materials that are exposed to precipitation at the frequency required in the CGP and its permit conditions for the State of New Mexico. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the MS4, channels, watercourses, water or waters of the U.S. Erosion and sediment control measures identified in the SWPPP shall be observed by the operator to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether BMPs are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking. A report shall be prepared for each inspection and maintained with the SWPPP.
(3) 
SWPPP maintenance. BMPs and other controls shall be maintained in effective, operating condition. If inspections described in § 350-605G(2) identify BMPs that are not operating effectively, the BMPs shall be repaired or replaced within 14 days and before the next storm event, whenever practicable. Sediment shall be removed from sediment traps, silt fence, sedimentation basins, and other sediment controls before it reaches half the height of the control, reduces the control capacity by 50%, or more frequently if specified in the SWPPP or by the control's manufacturer.
(4) 
Stabilization. Within 14 days of stopping or completing construction activities, the construction site operator shall initiate stabilization in accordance with this chapter and the CGP. Temporary stabilization measures may be used if construction activity is anticipated to resume in the future. If temporary stabilization measures are used, inspection and maintenance requirements remain in effect until the criteria for final stabilization are met, regardless of whether construction activity resumes. A notice of termination [§ 350-605G(11)] will not be accepted by the County unless final stabilization is implemented.
(5) 
If the construction project is completed, the final stabilization shall meet the requirements in this chapter and the CGP, including the permit conditions for the State of New Mexico.
(6) 
Temporary stabilization measures in the SWPPP shall be appropriate for and include, but are not limited to, the following:
(a) 
Size of the disturbed area;
(b) 
Soil type and susceptibility to wind and water erosion;
(c) 
Slope steepness and slope stability;
(d) 
Conveyance of stormwater runoff around or through the site without causing erosion on the site or downstream;
(e) 
Velocity dissipaters and other protection for temporary discharge points to prevent erosion and damage to the downstream MS4, channel, or watercourse;
(f) 
Effective life of temporary stabilization measures in comparison to length of time the disturbed area is anticipated to be without construction activity; and
(g) 
Inspection and maintenance procedures, at least monthly, to ensure effectiveness of the stabilization measures until construction resumes or final stabilization is established.
(7) 
Final stabilization measures in the SWPPP shall be appropriate for and include, but are not limited to, the following:
(a) 
Soil type and susceptibility to wind and water erosion;
(b) 
Slope steepness and its effect on erosion potential;
(c) 
Structural measures to provide slope stability for any cut/fill slope or natural slope disturb by construction that is steeper than three horizontal on one vertical;
(d) 
Permanent structures to convey stormwater around and across slopes in a non-erosive manner;
(e) 
For vegetative stabilization methods using live plantings (e.g., landscaping), inspection and maintenance procedures until stabilization is established and shown to be effective in satisfying the criteria for final stabilization. Vegetative stabilization methods using seed require 70% predevelopment plant coverage to achieve final stabilization. For landscaping requirements refer to § 350-507. A vegetative stabilization plan shall include:
[1] 
Temporary controls (turf reinforcement mats, erosion control blankets, etc.) with a minimum life of three years to stabilize the surface until establishment of vegetation;
[2] 
Seed mix appropriate for the climate and soil conditions;
[3] 
Soil amendments and fertilizers as appropriate for soil conditions;
[4] 
Annual (at a minimum) inspection and maintenance procedures until criteria for final stabilization are met; and
[5] 
An inspection report form in accordance with the permit conditions for the State of New Mexico in the CGP; and
(f) 
For individual lots transferring from a developer or builder to a homeowner:
[1] 
Perimeter controls in good, effective condition; and
[2] 
Copy of the letter to be given to the homeowner informing the homeowner of the need for and benefits of final stabilization.
(8) 
SWPPP revisions. The SWPPP shall be revised to provide different or additional controls whenever a control is determined by the operator or the County to be ineffective in controlling its targeted pollutant.
(9) 
Notice of intent (NOI). All operators of construction activities shall submit to the County a copy of the signed NOI and EPA's acknowledgement of its receipt at least 14 days before commencing any soil-disturbing activities at the construction site. A copy of the completed NOI shall also be conspicuously posted near the main entrance of the construction site. For linear projects, the NOI shall be posted at a publicly accessible location near the active part of the construction project.
(10) 
Operator changes. When the construction activity operator changes, the new operator shall submit a revised SWPPP, signed certification statement, and a copy of the new NOI to the County before starting work at the site.
(11) 
Notice of termination (NOT). All operators who have submitted an NOI for construction activities shall submit to the County a copy of the signed NOT within 30 days of one of the following conditions:
(a) 
Final stabilization has been achieved on all portions of the site for which the operator is responsible;
(b) 
BMPs and other controls are in place and have passed to another operator who has submitted an NOI and SWPPP to the County, in accordance with the CGP and § 350-605G(10) through (11) of this section;
(c) 
Coverage under an individual or alternative general NPDES permit has been obtained; or
(d) 
For residential construction only, the operator has established temporary stabilization, including perimeter controls of the individual lot, the lot has been transferred to the homeowner, and the operator has given the homeowner written notification of the need for and benefits of final stabilization.
(e) 
The County will not accept a NOT without evidence of one of the above conditions.
(12) 
Appeal. An operator who submits a SWPPP for County review and approval under this chapter and is denied approval may administratively appeal a decision of the County Engineer to the BOCC. The appeal shall be initiated by filing a written notice of appeal with the County Engineer within 10 working days from the date of the final written determination by the County Engineer. The notice of appeal shall cite the factual basis for the appeal and the relief sought, and shall be accompanied by relevant supporting documents and any required fee. The BOCC may affirm, reverse, or modify the decision of the County Engineer.
(13) 
SWPPP and permit denial. The County may deny approval of a SWPPP if it does not meet the requirements of this chapter or the CGP in effect at the time the SWPPP is submitted to the County. In addition, the County may deny approval of any County building permit, grading permit, subdivision plat, site development plan, or any other County permit, inspection, or approval necessary to commence or continue construction, or to assume occupancy, in the absence of an approved SWPPP required by this chapter, or whenever best management practices, controls, and stabilization measures described in a SWPPP, or observed upon a site inspection, are determined not to control and minimize erosion, the discharge of sediment, or other materials and pollutants associated with the construction activities.
(14) 
Waivers. If the construction activity qualifies for an EPA waiver of the CGP (refer to http://www.epa.gov/npdes/pubs/construction_waiver_form.pdf) and is for a residential development, the County may waive the requirements of this section; however, the construction site shall still comply with the general and specific prohibitions. Specifically, the operator shall ensure no harmful substances are introduced into the MS4, channels, watercourses, water, or waters of the U.S. It is the operator's sole responsibility to meet the requirements of the EPA waiver. To qualify for the County waiver of this section, the operator shall submit a copy of the EPA waiver certification and acknowledgement of its receipt by the EPA to the County for review and acceptance. The County reserves the right to require the construction activity to have a SWPPP even if an EPA waiver is obtained. If the operator fails to meet the conditions of a waiver, the operator shall be required to immediately comply with this section. Failure to do so will constitute a knowing violation of this section.
(15) 
Flood control studies shall be performed by a qualified design engineer licensed within the State of New Mexico, and, if required, a completed drainage report shall be submitted to the County for approval (see § 350-605I below). The County will approve or require additional information or modifications to the report. Stormwater drainage reports, runoff reports and designs shall be approved before a grading permit is issued.
(16) 
Analysis of any and all watershed areas affecting the proposed site development and the design of flood control/drainage structures shall be incorporated into the report.
(17) 
Total surface runoff from the proposed improved site into existing or future developments shall not exceed the runoff from the area of land prior to development. The engineer may utilize retention/detention ponds, swales, drainage channels, pumping facilities or any other approved methods to restrict runoff to accomplish this task.
(18) 
Surface and subsurface drainage shall not be altered or diverted in any way that creates drainage or flooding to adjacent and/or downstream properties.
(19) 
Stormwater drainage improvements.
(a) 
Construction plans and details for drainage structures shall be included in the basic improvement plans for the proposed site development. All drainage structures shall be designed to carry the one-hundred-year stormwater runoff. All drainage ponds shall be designed to hold the 125% volume of the one-hundred-year storm runoff. All plans and details for drainage structures shall be subject to review and approval by the County.
(b) 
The design engineer shall be responsible for showing all necessary supporting calculations, data and criteria on plans, specifications and if required, a drainage report with respect to flow capacities, structural soundness, public safety, etc. See § 350-605I below.
(c) 
All drainage structures and construction methods shall conform to the New Mexico Standard Specifications for Public Works Construction, as amended. Drainage structures and construction methods shall also conform to the NMDOT specifications for highway and bridge construction. Drainage structures and construction details shall be clearly indicated on the construction plans.
(d) 
Drainage/flood control facility maintenance plans shall be submitted as part of the drainage report.
(e) 
All water containment structures which have water open to the air shall empty either through percolation into the soil or through outlet structures designed to ensure a controlled release of water that will not cause flooding or erosion. An operation and maintenance plan acceptable to the County shall be submitted for ponds that do not empty within 72 hours.
(f) 
Ponds with depths greater than three feet or slopes greater than 4:1 shall be fenced.
H. 
Grading and drainage plan. The purpose of the plan shall be to protect property from the effects of development. As required by this section, the grading and drainage plan shall address the control of drainage and erosion and shall calculate and analyze the measures necessary to adapt development to the existing soil characteristics and topography. This material should incorporate the terrain management, or grading, information necessary to address the requirements of the New Mexico Subdivision Act. The developer shall fulfill the proposals contained in the plan, and the plan shall be reviewed and approved by the appropriate reviewing agencies. All grading and drainage plans shall be certified by a professional engineer registered in the State of New Mexico and shall comply with § 350-604 above.
(1) 
The requirement for grading permits may differ due to local conditions of the land use, proposed site development, drainage patterns, topography, soil conditions, soil type and other items. The principal burden of designing a proper grading plan shall fall upon the landowner, developer, contractor, or engineer concerned with the project. In view of this circumstance, the following requirements have been developed as an aid for operations covered by this article. Under no circumstances should these conditions be construed to replace the basic requirements of judgment, experience or competence that are a part of good engineering and land development. The County, in order to assure that the correct grading practices are followed as directed by this statement of purpose, may impose any of the following requirements as part of the issuance of a grading permit.
(2) 
Grading and drainage plan specifications, see § 350-601H.
(3) 
Soil erosion control. The requirements for soil erosion control measures depends largely upon the extent of the destructive and nuisance potentials due to erosion that may develop from the work to be performed. Thus, the need for erosion control measures is largely determined by prevailing winds, drainage patterns, soil characteristics and the proximity and potential hazards to downwind and downstream residences, businesses, thoroughfares and other facilities. See § 350-605D for erosion control plan requirements.
(4) 
Earthwork for longer than 14 days. Where any project area is to be exposed to the effects of wind or water for extended periods of time, erosion control measures shall be continued and/or maintained until natural growth comparable to that removed by the work has been reestablished or until a stable, final development project has been wholly completed.
(5) 
Earthwork requirements. All permitted earthwork shall be designed by a registered professional engineer licensed in the State of New Mexico. An approved grading plan stamped and certified by a licensed New Mexico professional engineer will generally govern in determining the specific requirements of significant earthwork.
(a) 
General.
[1] 
Fill material will be free of material detrimental to construction of stable fills.
[2] 
Excavations will not be made close to property lines so as to endanger adjoining property without providing support and protection to prevent damage due to erosion, sliding or settlement.
[3] 
Fills will not be placed where they can slide or wash onto the property of others; nor will they be placed where they can cause encroachment upon arroyos or other natural drainageways without provision of facilities to assure the capacity of the drainageway as approved by the County.
[4] 
Fill material placed above the top of an existing or proposed surface with a slope steeper than three feet horizontal to one foot vertical shall be set back from the top of the slope face at least five feet.
[5] 
Prior to placing fill on natural surfaces, all organic material shall be removed and the natural surface shall be scarified to a depth of 12 inches.
[6] 
Temporary drainage facilities will be provided to protect the earthwork from erosion, overflow or ponding generally indicated as in § 350-605D.
(b) 
Compaction.
[1] 
Load-bearing fills upon streets, lanes or public facilities are to be located and shall comply with the requirements of the County road standards as to the quality of fill materials, placement and compaction. The plasticity index (PI) of structural fills shall not exceed a value of 12 without specific recommendations from a New Mexico-registered professional engineer.
[2] 
Non-load-bearing fills shall be compacted to a minimum density of 95% as per the American Society for Testing and Materials (ASTM D-1557). Fills will be placed and compacted to minimize erosion and produce a stable surface.
(6) 
Other conditions. The following conditions may be imposed by the County:
(a) 
Flagmen may be required as part of the grading permit.
(b) 
Any use of vibratory rollers shall be approved by the County.
(c) 
The County shall be notified 24 hours in advance of any work; such as placing curb, pavement, and storm sewer in County rights-of-way.
(d) 
The County may impose hours of operation and truck routes to be based on individual site locations, which shall be indicated on the permit.
(e) 
Limits on the amount and length of time materials may be stockpiled.
(7) 
General design standards. Compliance with the following criteria is essential to the proper preparation of a plan:
(a) 
Runoff analysis shall take into consideration all contributing runoff from areas outside the development. The analysis of storm runoff from existing developed area outside the development shall be based upon present land use and topographic features. Runoff from undeveloped land outside the development shall be calculated using coefficients appropriate for the current land use of the runoff source. When calculating the runoff from land outside the development area, the land area included shall be that area inclusive of the uppermost part of the watershed.
(b) 
Flow patterns in undeveloped areas adjacent to the proposed development shall be based on existing natural topographic features.
(c) 
Average land slope in both developed and undeveloped areas may be used in computing runoff.
(d) 
Planning and design of drainage systems shall be such that flooding problems are not transferred beyond the project's boundaries.
(e) 
Outfall points shall be designed in such a manner that they will not cause damage to areas downstream due to increased flooding. Irrigation facilities shall not be used as outfall points.
(f) 
Drainage easements or dedicated rights-of-way may be required where concentrated flow or ponding occurs. Acceptance of the rights-of-way shall be approved by the County; any dedication of drainage system components shall be agreed to and accepted by the County and included in the subdivision's disclosure statement per Article VIII.
(g) 
Encroachment that impairs drainage easements or rights-of-way shall be prohibited.
(h) 
On-lot ponding shall be permitted on lots greater than 0.750 acre. For lots between 0.500 and 0.749 acre, on-lot ponding may be permitted, provided the proposed on-lot slopes do not exceed 4% in the developed area of the lot and the permeability of the soil allows the pond to drain within 72 hours. For lots less than 0.500 acre in size, alternative drainage plans on private lots may be approved as part of an overall drainage plan. These alternative drainage plans shall be certified by a professional engineer registered in the State of New Mexico. The minimum depth of the pond shall be 18 inches. Secure fencing shall be required if the depth of the pond exceeds three feet, unless the pond is designed as an amenity with slopes less than 4:1. Fencing requirements may be waived if an alternate drainage design demonstrates safe conditions and is approved by the County. The ponds shall be maintained by the property owners and shall be enforced through any drainage maintenance agreement concerning drainage from the public right-of-way (see sample forms in Appendix A).[1] The side slopes (rounded to the nearest whole number) shall be treated with the applications found in Table 6.16, Treatment Applications for Ponding Areas.
Table 6.16 Treatment Applications for Ponding Areas
Side Slope
Typical Treatment Required or Other Acceptable Applications
Side slope 2:1
Grouted rock, concrete, or wire-tied rip-rap
2:1 < Side slope < 3:1
Hand placed rip-rap
Side slope < 3:1
Permanent best management practices (BMPs), such as vegetation, landscape rock, etc. are required
[1]
Editor's Note: Said appendix is included in Art. VIII, Appendices, of this chapter.
(i) 
All ponding should be designed to complement the landscape and return to native conditions.
(j) 
Community ponding areas may be taken over by Doña Ana County upon mutual agreement between the developer and the County. The developer shall demonstrate that a proposed ponding area is in good operational condition. Maintenance schedules shall be submitted as well as support documentation indicating the source of water that is routed to ponding areas. Design considerations shall take into account location, depth, side slopes, erosion control, maintenance, access, landscaping, and fencing. The proposed ponding areas shall be reviewed and accepted by ESD and/or the Flood Commission prior to moving forward to the BOCC. The ponds shall be offered for dedication and considered for acceptance by the BOCC and shall be subject to a one-year warranty period. The agreement shall be approved prior to final plat approval.
(k) 
The primary purpose of streets is the safe conveyance of vehicular traffic. Any runoff carried by a street shall comply with the requirements of Table 6.18, Street Capacity Criteria.
(8) 
Wind erosion control shall be required per § 350-605D(4)(c).
I. 
Drainage report. A drainage report shall be required for all developments that meet any of the following criteria:
(1) 
The entire development, or a portion thereof, lies within a FEMA special or flood hazard area or other flood hazard areas as determined by the DAC Office of the Flood Commission;
(2) 
Grades within the area to be developed in excess of 4%; or
(3) 
A major arroyo, stream, or channel exists within the area to be developed.
(4) 
Required calculations, analysis and documentation:
(a) 
Peak flow from all off-site tributary drainage areas;
(b) 
Peak flow within the proposed development for all on-site drainage basins for pre- and post-development;
(c) 
Closed sub-basin analysis, including identification of water into or out of sub-basins;
(d) 
Potential drainage problems that are anticipated within the development and downstream from the development;
(e) 
Effects of ten-year and one-hundred-year twenty-four-hour storm events;
(f) 
Routing and cumulative flows for ten-year (if applicable) and one-hundred-year twenty-four-hour storms at all critical points in the drainage system, which may include points of intersection, change of flow, change of slope, change of structural elements, and any other critical point in the drainage system;
(g) 
Function, analysis and capacity calculations for all drainage system components that are part of the development proposal, which may include inlets, storm drains, channels, streets, culverts, ponds, swales, dams, berms, etc.; and
(5) 
Overall drainage area boundaries and drainage subarea boundaries depicted on a map.
J. 
Runoff analysis method.
(1) 
Developments of less than three acres. Runoff analysis for developments of less than three acres can be based on general runoff coefficients for valley and mesa areas. The runoff coefficient is a value used to approximate the amount of runoff a developer or home builder shall retain on-site to maintain existing drainage characteristics. The following simplified approach may be used, but other methods may also be considered.
(a) 
Identify area classification:
[1] 
Valley areas: Land slopes less than 1%.
[2] 
Mesa areas: Land slopes greater than or equal to 1%.
(b) 
Runoff and flow coefficients:
[1] 
Valley areas: 2.8 inches.
[2] 
Mesa areas: 2.0 inches.
[3] 
Flow coefficient: 1.6 cfs/acre-in.
(c) 
Calculate the impervious area of the lot to be developed in square feet.
(d) 
Find required storage volume by multiplying the impervious area (square feet) by the runoff coefficient (inches) and a conversion factor of one foot/12 inches.
[1] 
Area x Runoff Coefficient x Conversion Factor = Runoff Volume.
(e) 
Indicate on the construction plans how the required runoff volume will be controlled on site. Include details on asphalt and lot grades, walls and/or berms that will control or direct runoff, and method of overflow of the storage area.
(f) 
Acceptable types of drainage structure are listed below; however, other methods may be acceptable upon approval by the County.
[1] 
Open ponding. Open retention ponds are recommended in areas that have good percolation of water into the soil. Open ponds offer the maximum amount of storage for a given land area. The minimum depth shall be 18 inches, and the pond shall be located a minimum of five feet from adjacent property lines and 10 feet from any structures.
[2] 
French drain. Acceptable in areas that have poor percolation rates, i.e., areas where clay is present. A french drain shall be used only to provide increased percolation rates for runoff. French drains shall have an open pond above rock level with a minimum clearance of 12 inches.
[3] 
Underground storage. Underground storage is recommended in areas with good percolation and limited space. Credit is given for the open volume only; no credit is given for rock voids. No credit will be given for "rock ponds." Some acceptable products include, but are not limited to, perforated CMP, perforated HDPE, Rainstore©, infiltrator systems, etc. Designs shall include a method to maintain the structure's effectiveness.
(2) 
Developments equal to or greater than three acres: Runoff analysis for development equal to or greater than three acres shall be based on the Soil Conservation Service (SCS) Method as modified for New Mexico, or other method approved by the County. When utilizing the SCS Method, the NRCS Type II-75 storm distribution (see Table 6.17, NRCS Type II-75 Storm Distribution) shall be used. Other storm distributions may be accepted by the responsible departments if valid written justification is provided by the applicant's engineer. This storm distribution assumes 75% of the total rainfall occurs within the sixth hour of a twenty-four-hour rainfall event. Furthermore, the following limitations apply to the SCS Method:
(a) 
Minimum initial time: five minutes.
(b) 
Minimum time of concentration, T.: six minutes.
(3) 
Overland flow portions of time of concentration are to be calculated for a maximum reach length of 300 feet.
Table 6.17 NRCS Type II-75 Storm Distribution
Time
(hours)
Fraction of 24-hour Rainfall
(Type 11-75)
Time
(hours)
Fraction of 24-hour Rainfall
(Type 11-75)
0.00
0.0000
7.00
0.8740
1.00
0.0080
7.50
0.8875
2.00
0.0177
8.00
0.8977
3.00
0.0301
9.00
0.9122
4.00
0.0475
10.00
0.9923
4.50
0.0591
11.00
0.9318
5.00
0.0754
12.00
0.9392
5.25
0.0863
14.00
0.9524
5.50
0.1016
16.00
0.9640
5.75
0.1280
18.00
0.9743
6.00
0.7895
20.00
0.9836
6.25
0.8323
22.00
0.9922
6.50
0.8516
24.00
1.0000
6.75
0.8644
K. 
Construction plans. A registered professional engineer licensed in the State of New Mexico who has experience and demonstrated competence in this area shall certify all construction plans. A traffic control plan shall be submitted and approved by the Engineering Services Department prior to issuance of a construction permit. The construction plans shall be submitted on twenty-four-inch-by-thirty-six-inch sheets, and shall contain at least the following:
(1) 
General requirements. Construction plans shall include, at a minimum:
(a) 
Title sheet;
(b) 
Copy of proposed subdivision plat, showing existing and proposed easements and rights-of-way;
(c) 
Copy of final grading and drainage plan;
(d) 
Plans and profiles for all components of the storm drainage system proposed to be constructed within and adjacent to the subdivision/development;
(e) 
Details for all drainage system components as required to define structural or construction methods and requirements;
(f) 
General construction notes;
(g) 
Detail sheets;
(h) 
Traffic control plan, to include construction signing, permanent signing and pavement markings; and
(i) 
A subdivision schematic indicating proposed permanent roadway signage.
(2) 
Plan and profile details. Construction drawings shall include, at a minimum:
(a) 
North arrow and scale;
(b) 
Subdivision/development limits and individual lot lines, existing and proposed easements and rights-of-way;
(c) 
All street and paving improvements, including street names, and widths;
(d) 
Existing and proposed utilities affected by the proposed construction;
(e) 
Existing ground surface and proposed ground surface grades clearly delineated;
(f) 
Project benchmarks;
(g) 
Information on proposed pipes and culverts, including:
[1] 
Stationing;
[2] 
Profile;
[3] 
Size of pipes;
[4] 
Grades of pipes;
[5] 
Length between manholes or other access points;
[6] 
Construction details, station numbers, invert elevations and top elevations for all inlets and outlets, manholes, and all connections to existing drainage systems; and
[7] 
Construction notes, including pipe composition and specification references as required; and
(h) 
Details on proposed open channels, including:
[1] 
Stationing;
[2] 
Profile indicating grade of invert of channel, top of lining (if any), and adjacent ground grade;
[3] 
Typical cross sections;
[4] 
Rip-rap details with rock gradation requirements;
[5] 
Lining details;
[6] 
Structural details; and
[7] 
Construction notes and specification references as required.
(3) 
Drainage maintenance agreement. This agreement defines the responsibilities and requirements of the individuals or groups responsible for maintaining all elements of the drainage system, using the sample format provided Appendix A.[2] The agreement shall be substantially in the form provided in the sample; however, it may be modified as needed to accommodate the specific drainage system as required by the Flood Commission.
[2]
Editor's Note: Said appendix is included in Art. VIII, Appendices, of this chapter.
L. 
Geotechnical analysis. A geotechnical analysis will be provided, unless otherwise exempted by this article, to assess the properties of soils within project areas, shall, following all applicable ASTM standards, be submitted to ESD, and shall contain, at a minimum, the following criteria:
(1) 
A detailed description of the project area, including proposed land use, terrain, slopes, drainage patterns and vegetation.
(2) 
A detailed description of the geology found in the general area of the project site.
(3) 
An outline and description of the methodology and procedures used in the sampling of soils within the project area.
(4) 
A site vicinity map of appropriate scale indicating the location of the project.
(5) 
A site map of appropriate scale indicating the location of the test borings.
(6) 
A boring log for each test hole location showing the depth of each soil sample retrieved, a visual description of each soil sample retrieved, the method of soil sampling, the thickness of each soil layer encountered, standard penetration test results and any other applicable information gained during sampling.
(7) 
A summary of the laboratory analysis of each soil sample collected, to include gradation, Atterburg limits, moisture content, etc.
(8) 
A summary of the soil classifications determined for each soil sample.
(9) 
A summary of the soil bearing capabilities found within the project area, if applicable; results of percolation test rates within the project area, if applicable.
(10) 
Foundation recommendations for structures within the project area, if applicable.
(11) 
Pavement design recommendations within the project area, if applicable.
(12) 
Recommendations for earthwork practices within the project area, to include compaction, soil blending, over excavation, benching, etc.
(13) 
Recommendations for inspection and material testing frequencies during the construction phases of the project.
(14) 
Structures built on unacceptable materials shall require an alternative design, to include geotextiles, geogrid, limestone stabilization or other acceptable process approved by County Engineering Services.
M. 
Driveway culverts and road drainage requirements. There are two systems that will provide stormwater control in and along a roadway: curb and gutter designs and roadway swales. Alternate systems are encouraged and may be approved by the County Engineer. All systems shall be designed to provide a four-foot shoulder/walking path that is not on the roadway surface or in the stormwater runoff flow area necessary for a ten-year storm event.
(1) 
Curb and gutter. The developer may use curb and gutter to control storm runoff flows; see the Design Drawings. In addition, swales behind the curb shall be used to contain a minimum volume of stormwater equal to the volume of increased runoff from the site due to development of the roadway. Erosion control and energy dissipation measures shall be designed and installed at the boundary of any development using curb and gutter with outlets for stormwater flows onto an unlined surface.
(2) 
Roadway swales. Roadway swales may be used to convey and/or store stormwater flows along the roadway, under the following conditions:
(a) 
Swales shall be designed for velocities not to exceed those listed in Table 6.24, Maximum Velocity of Unlined Channels and Swales.
(b) 
Stormwater storage requirements for swales shall be based on the fully developed stormwater flow conditions of the development. Roadway swales with a longitudinal slope of less than 1/2% shall be constructed within an easement outside the road right-of-way, and shall be sized to contain a minimum volume that represents the increase in stormwater runoff due to development. Swales shall also be designed to control the increased runoff due to roadway development.
(c) 
Conveyance capacities of swales shall be based on the developed flow and any existing or anticipated exterior flows entering the development. Swales shall be designed as channels per § 350-605N. Underground drainage systems may be used if the inlets will not present a maintenance problem and concentrated flows at any outlet will not cause any damage to adjacent lands. Swales for roadway gradients of 0.0051 foot per one foot or greater shall be analyzed and designed for conveyance of the maximum storm runoff (one-hundred-year storm) from the development site and any existing external flows routed through the development.
(d) 
For swales that require conveyance of flow to maintain existing drainage patterns, the driveway crossings shall be incorporated in the roadway/swale drainage system. Driveway crossings may consist of a minimum of a "dip section" with six-inch-thick concrete (concrete used in the right-of-way shall have a minimum strength of 3,000 pounds per square inch). Driveways subjected to nonresidential traffic shall be designed and properly reinforced. The dip section shall be shown to have adequate cross-sectional area and slope to convey the ten-year storm. Other methods to convey storm runoff across driveways may be used if the design is reviewed and approved by the County Engineer. The depth for a dip section shall be a minimum of eight inches.
(e) 
Ponds located on private property that are not designed to convey storm runoff to another location are not required to be interconnected through driveway crossings. They may interconnect, provided that no landowner is required to "store" any additional stormwater on his/her property, without the landowner's consent. (A purchaser of property with stormwater storage requirements made by the developer of the property as part of the development approval process shall be responsible to meet the development conditions of stormwater drainage).
(3) 
Storm drains and storm inlets. Storm drains and inlets shall be of sufficient capacity to adequately convey the expected runoff from the one-hundred-year twenty-four-hour storm. The storm drain system and subsequent storm inlets shall commence at all locations where the allowable street capacity is exceeded or at locations where ponding of water is likely to occur. See Table 6.18, Street Capacity Criteria.
Table 6.18 Street Capacity Criteria
Street Type
Storm Type
10-Year, 24-Hour1
100-Year, 24-Hour1
Local
  
Roadway swales
Collected flow spread shall allow for 1 10-foot lane clear of runoff2
Collected flow shall be contained within right-of-way and/or easements
Cross flow
N/A
Cross flow not to exceed 12 inches deep above pavement surface3
Curb and gutter
Collected flow spread shall allow for 1 10-foot lane clear of runoff2
Collected flow shall be contained within the curb and gutter; cross flow not to exceed 6 inches deep above pavement surface or gutter flow line3
Collector
Collected flow spread shall allow for 1 10-foot lane clear of runoff. Crossing flow cannot exceed 6 inches deep above pavement surface or gutter flow line3
Collected flow shall be contained within the curb and gutter; cross flow not to exceed 6 inches deep above pavement surface or gutter flow line3
Arterial
Collected flow spread shall allow for 2 10-foot lanes clear of runoff; no crossing flow allowed on surface
Collected flow within the curb and gutter cannot exceed 6 inches deep above gutter flow line; no cross flow allowed at arroyos and channel crossings; cross flow not to exceed 3 inches deep at street intersections3
Notes:
(1)
Flows exceeding these criteria shall be removed from the street and conveyed by a storm sewer system or open channel system.
(2)
Flow collected in roadway swales shall be controlled in such a way as not to threaten the integrity of street pavements.
(3)
Cross flow velocities shall be maintained at less than five feet per second.
(a) 
Minimum pipe diameter. The minimum allowable pipe size to be used in storm drains shall be a minimum of 24 inches in diameter.
(b) 
Minimum culvert cover. The minimum culvert cover shall be two feet, but additional cover may be required by design.
(c) 
Allowable pipe materials/applications for storm drains. PVC, HDPE, RCP Class III, IV or V and CMP application is dependent on soil conditions and pipe application. All pipes and conduits shall be designed to withstand all anticipated structural loads. NMDOT standards shall be the minimum used.
(d) 
Allowable pipe materials for culverts. RCP and CMP applications are dependent on soil conditions and pipe application. All pipes and conduits shall be designed to withstand all anticipated structural loads. NMDOT standards shall be the minimum used.
(e) 
Manhole spacing. The maximum allowable spacing between manholes or other provisions for clean-outs shall not exceed those listed in Table 6.19, Allowable Manhole Spacing.
(f) 
All pipe systems shall be pressure tight.
Table 6.19 Allowable Manhole Spacing
Pipe Diameter
(inches)
Maximum Allowable Spacing Between Manholes
(feet)
24 to 36
400
42 to 60
500
Greater than 60
750
Note: Additional manholes will be required with a change in vertical or horizontal deflection greater than the manufacturer's installation specifications.
(g) 
Calculation flow capacities in drainage conduits. The capacities of conduits shall be computed using Manning's formula with flow nomographs, recognized accepted standards or computer analysis. The value of the roughness coefficient (n) to be used shall not be less than those specified in Table 6.20, Values for n for the Manning Formula. Included in the table are roughness coefficients that can be used in open channel flow calculations. The average full-flow velocity in conduits shall not be less than two feet per second. See Table 6.20, Values for n for the Manning Formula.
Table 6.20 Values for n for the Manning Formula
Flow Condition
Roughness Coefficient (n)
Conduits
Smooth metal
0.010
Plastic pipe, PVC, HDPE
0.012
Ordinary concrete
0.013
Concrete pipe
0.015
Corrugated metal pipe
0.023
Natural channels
Clean, straight, no pools
0.029
As above, with weeds and stones
0.035
Winding, pools and shallows, clean
0.039
Very weedy
0.040
Lined channels
Smooth finish
0.015
Brick, dressed stone
0.016
Smooth earth
0.018
Unfinished
0.020
Firm gravel
0.020
Mortared stone
0.020
Dry rubble or rip-rap
0.035
Rough asphalt
0.016
Smooth asphalt
0.013
Note: Or currently published values as approved by ESD.
(h) 
Storm drainage inlets. Storm drainage inlets may be a combination curb/gutter or curb opening inlet or off-road sump inlet. Combination curb/gutter inlets or off-road sump inlets shall be used at all points where ponding or sump conditions exist. The theoretical capacity and spacing of storm inlets will be analyzed using the criteria outlined in this article. The allowable capacity will be determined using the reduction factors listed in Table 6.21, Inlet Reduction Factors. These reduction factors compensate for debris plugging, pavement overlaying, variations in design assumptions and other factors that decrease capacities. The size of outlet pipes from stormwater inlets shall be based upon the theoretical capacity on the inlet, but in no case shall pipes be smaller than 24 inches in diameter. See Table 6.21, Inlet Reduction Factors.
Table 6.21 Inlet Reduction Factors
Inlet Type
Percentage of Theoretical Capacity Allowed
Combination curb and gutter opening with grate
65%
Curb opening only
85%
Grate only
50%
Notes:
(1)
Computations for storm drain and inlet design capacities shall be submitted as part of the storm drainage report.
(2)
The details of the proposed storm drain system, inlets and manholes shall be addressed in the drainage report and shown on the construction drawings.
(3)
Theoretical flow capacities shall be reduced by the reduction factors outlined in this table to obtain design flow capacities.
(4) 
Crossing structures and culverts.
(a) 
Crossing structures and culverts shall be sized to comply with the requirements of Table 6.18, Street Capacity Criteria, and shall convey the one-hundred-year storm through the structure with additional design that provides for overflow capacity in the event that the culverts' capacity is reduced due to trash or debris accumulation. All drainage structures shall be designed with emergency overflow that will help convey the major storm event. In no case shall a crossing structure or culvert have a diameter of less than 24 inches. In determining the amount of overflow required, the following capacity credit in Table 6.22, Capacity Credit for Structures, shall apply:
Table 6.22 Capacity Credit for Structures
Cross-Section Area of Structure
Capacity Credit Percentage of Full Flow Capacity
Percentage of Major Storm Flow To Be Added to Culvert Capacity or Considered as Overflow
Less than 20 square feet
0%
100%
20 square feet or greater
50%
50%
(b) 
The emergency overflow onto streets shall be taken into account when analyzing storm runoff and allowable street capacities for the major storm. The following design criteria shall be used for all culvert designs:
[1] 
Culvert. All inlet and outlet structures shall be designed to convey the flow of water and address traffic loading and debris at all stages of flow.
[2] 
Inlets. Culvert inlets shall be designed to minimize entrance and friction losses. Inlets shall be either flared-end sections or headwalls with wing walls. Projecting ends will not be acceptable. Provisions shall be made to resist possible structural failure due to hydrostatic uplift forces.
[3] 
Outlets. Culvert outlets shall be designed to avoid sedimentation, undermining the culvert or erosion of the downstream channel. Outlets shall be either flared-end sections or headwalls with wing walls. Additional outlet control in the form of rip-rap, channel shaping, etc., may be required where excessively high discharge velocities occur.
[4] 
Slopes. Culvert slopes shall not allow silting, excessive velocities or scour. The minimum slope of culverts shall be limited to 0.5%.
[5] 
Headwater. The headwater-to-diameter ratios should not exceed the criteria in Table 6.23, Recommended Maximum Headwater-to-Diameter Ratios. Any ponding above culvert entrances is unacceptable. Such ponding may cause property or roadway damage, culvert clogging, saturation of fills, detrimental upstream deposits, or inundate existing or future utilities or structures.
Table 6.23 Recommended Maximum Headwater-to-Diameter Ratios
Storm Frequency
HW/D
10-year
1.0
100-year
1.25
[6] 
Tailwater. The height of tailwater at outlets shall have a headwater-to-diameter ratio of less than 1.0.
[7] 
Dip section and low water crossings shall be concrete and designed in accordance with the criteria in Table 6.18, Street Capacity Criteria, and shall provide for erosion protection at the edges of pavement.
(5) 
Roadway drainage best management practices.
(a) 
Description. Best practice will infiltrate stormwater into plantings and soil, and safely release remaining water.
(b) 
Methods. Best practice will filter stormwater through soil media and plant roots, then release treated stormwater runoff into the landscape (e.g. pasture, native vegetation areas, plantings, and permeable areas) and storm drain system. Best practices should be coordinated with EDS and CDD staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
N. 
Open channels. Channel capacities shall be computed using the Manning formula for uniform flow. Open channels shall be designed for a one-hundred-year storm with analysis showing the effects of the ten-year storm. Channels shall have subcritical flow characteristics, be wide and natural in appearance and functional. Analysis and proposed solutions for anticipated erosion problems shall be in the drainage plan. Channels shall be designed to avoid flows at or near critical depth.
(1) 
Hydraulics. The type of channel cross sections shall be most suited to the location and use. The drainage report and design hydraulics of flow in channels shall include analysis of the hydraulics indicating the following parameters for existing and proposed channels and drainageways:
(a) 
Flow cross-section geometry for each different configuration of proposed channel shape in critical areas and channels left in their natural state;
(b) 
Flow cross-sectional area;
(c) 
Wetted perimeter;
(d) 
Hydraulic radius;
(e) 
Manning's roughness coefficient (n);
(f) 
Flow velocity;
(g) 
Design discharge;
(h) 
Bed slope;
(i) 
Froude number; and
(j) 
Freeboard requirements.
(2) 
Erosion. All channels shall be designed with the proper and adequate erosion control features and shall comply with § 350-605D.
(3) 
Water surface profile. A water surface profile for the major storm runoff shall be computed for all channels and clearly shown on final drawings submitted for approval. Computations for the water surface profile shall utilize standard backwater methods, taking into consideration all losses due to velocity changes, drops, bridge and culvert openings, and other obstructions. Computations shall be submitted with the final design plan. The energy gradient line should also be computed and shown on the final drawings.
(4) 
Channels. Mild slope channels shall be classified as channels whose slope maintains flows with a Froude number of less than 0.8. Drops may be used to maintain this criterion. Unlined channels can be used when the Froude number is less than 0.8. Drops may be used to maintain this criterion. Unlined channels can be used when the Froude number is 0.8 or less. Maximum velocities of unlined channels shall follow the requirements in Table 6.24, Maximum Velocity of Unlined Channels and Swales. Side slopes of 4H:1V shall be considered a normal minimum. Any side slope steeper than this will require approval from the County.
Table 6.24 Maximum Velocity of Unlined Channels and Swales
Classification of Soils
Cover
Erosion Resistant (clay) Soil
(feet per second)
Easily Erosive (sandy) Soil
(feet per second)
No cover, dirt lines
4.0
2.5
*Buffalo grass, bluegrass, smooth brome, blue grama, native grass mix
7.0
5.0
*Lespedeza, lovegrass, kudzu, alfalfa, crabgrass
4.5
3.0
Note: Table data assumes detailed soils analysis.
*
Grass cover assumed to be a good stand and well maintained
(5) 
Lined channels. Channels exhibiting hydraulic characteristics that result in a Froude of 0.8 or more during the ten-year or one-hundred-year storm will require stabilization in the form of a lining. These channels are defined as those exhibiting characteristics that would require lining of the channel to ensure structure stability, to achieve the desired design life of the channel, and to protect areas adjacent to the structure. Contributing factors in the analysis of channel lining requirements include an urban setting, bed slope, flow rate, soil type and stability, and any flow conditions that cause velocity changes.
(6) 
Lining materials. Lining material shall be composed of one of the following:
(a) 
Concrete of sufficient strength and thickness to support all design loads, including maintenance equipment, with a minimum cross section of concrete six inches thick, 3,000 pounds per square inch minimum compression strength. Roughening of concrete surfaces is encouraged. Roughening may be accomplished by use of suitable methods approved by the County Engineer.
(b) 
Asphalt of sufficient strength (including base materials) to support all anticipated design loads, including maintenance equipment. Asphalt lining shall be of a mix design that will resist damage due to erosion for the design life of the lining, which shall be 20 years.
(c) 
Rip-rap set in concrete or mortar shall have the rock size and weight sufficient to resist displacement of the rock by the energy present in the flow of the one-hundred-year storm. Rip-rap may be stabilized by grouting, can be set in concrete, or may be wire-tired. Standard gabions may be used to stabilize soil under some conditions.
(d) 
Other material, such as soil cement, may be used when approved by the County Engineer.
(7) 
Depth of flow. Considering velocities involved and land area needed for drainage easements, the depth of flow shall be kept to a minimum. The maximum design depth for the one-hundred-year storm runoff shall be four feet in open channels, unless otherwise authorized by the County Engineer.
(8) 
Freeboard. The design of channels shall take into account requirements for freeboard to provide a factor of safety against splash and hydraulic jump phenomenon.
(a) 
For conditions of uniform flow, the minimum lined elevation shall include freeboard above the flow surface of the one-hundred-year storm and be calculated using the following equation:
Freeboard (in feet) = d/4 + 0.025*(v) *(d)1/3
Where d = depth of flow in feet (ft)
Where v = velocity of flow in feet per second (fps)
(b) 
For conditions where the total energy content of the flow shall be considered, such as bends, drops, abrupt changes in grade or areas, convergence of flows, obstructions within the channel, and other conditions that may produce a hydraulic jump, the minimum freeboard above the flow surface of the major storm runoff shall be calculated using the flowing equation:
Freeboard (in feet) = 0.5 + (v2/(2*g))*
Where g = gravitational constant 32.2 fps2
Where v = velocity of flow in feet per second (fps)
*Minimum freeboard under bridges shall be two feet.
O. 
Detention and retention regional pond design.
(1) 
Detention and retention regional pond design. The use of on-site detention or retention is required for the purpose of limiting the one-hundred-year storm runoff rates to historical levels. The type of design for each facility is subject to approval by the County. Ponding facilities shall adhere to the following:
(a) 
Detention pond facilities shall be designed using a storage outflow relationship for the facility and a flood hydrograph routing procedure.
(b) 
Off-site runoff entering the development may occur in the drainage basin, and if this is the case, the analysis for the ponding facility shall take the flows into account. Off-site runoff shall be analyzed and may be routed around the ponding facility. However, entrance and exit points of storm runoff shall not be altered.
(c) 
For any ponding facility design, a soils report shall be included. This report shall include, but shall not be limited to, soil boring logs, water table elevations and soil classifications. Sufficient and representative soil borings shall be required to characterize the infiltration capacity of the soils located at the pond bottom.
(d) 
An operation and maintenance plan acceptable to the County shall be submitted for ponds that do not drain within 72 hours.
(e) 
The banks of any pond shall be no steeper than a 4H:1V slope unless an access ramp for vehicles is provided and measures are taken to provide erosion protection of the banks. Any deviation from side slope standards shall be justified by a geotechnical analysis and shall be approved by the County Engineer.
(f) 
All detention or retention facilities shall be provided with a minimum twenty-foot access easement for operation and maintenance of the facility. The minimum freeboard shall be one foot. The pond shall be located a minimum of five feet from property lines and 10 feet from any structures.
(2) 
The construction plans shall show the locations of all structures and how the required volume will be controlled on site. Details on walls and berms to control or direct runoff, asphalt and lot grades, dimension and method of overflow of the storage area shall also be depicted. The following are acceptable types of drainage structures:
(a) 
Open ponds offer the maximum amount of storage for a given land area and are recommended in areas having good percolation of water into the soil. Open ponds shall have a minimum depth of 18 inches, with the top of the pond located no closer than five feet to the property lines and 10 feet to structures. An operation and maintenance plan acceptable to the County shall be submitted for ponds that do not drain within 72 hours. Pond bottoms shall not be located in poor percolation rate layers such as clay soil types.
(b) 
French drains are acceptable in areas with poor percolation rates and shall only be used to provide increased percolation rates. French drains shall have an open pond above the rock level with a minimum depth of 12 inches.
(c) 
Dry wells are generally used for drainage areas of one acre or less and are designed exclusively to accept rooftop runoff from residential and commercial buildings. They are similar to infiltration trenches but smaller with inflow from pipe and commonly covered with soil. The well shall be placed at a depth sufficient to contain the required storage volume.
(3) 
Detention pond best management practice.
(a) 
Description. Best practice will combine detention ponds with other site elements to reduce the area needed to fulfill detention pond volume and storage requirements.
(b) 
Method. Best practice will utilize active landscape features, where applicable, to design areas required for retention/detention basins, into multiple integrated features fulfilling total volume requirements. Incorporate elements which work in combination with required detention pond volume and storage. Integrate components of existing site characteristics, topography, active landscape features, building structures, and parking lot drainage. Best practices should be coordinated with EDS and CDD staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
P. 
Drainage system operations and maintenance. Proper operations and maintenance of storm drainage and flood control facilities, including natural drainage systems such as arroyos, includes both cleaning and minor repair to the facilities as well as completely rebuilding some facilities that have, through weathering or lack of maintenance, been rendered useless or present a threat to public safety. In order to increase system efficiency, maintenance guidelines are outlined in Table 6.25, Maintenance Guidelines, and shall be incorporated in the drainage maintenance agreement (see sample form in Appendix A).[3] The drainage maintenance agreement shall be adopted by operators of private drainage systems to establish maintenance procedures of those systems. The agreement is to be signed and recorded as a condition of final plat approval and shall be disclosed and acknowledged by subsequent property owners.
Table 6.25 Maintenance Guidelines
Facility
Maintenance, As Necessary
Inspection
Channels
May to October
Semiannual
Pump stations
May to October
Semiannual
Detention and retention facilities
May to October
After any major storm greater than 1 inch within a 24-hour period
Storm sewer systems
Annual
Biannual
Storm sewer inlets
After rainfall events or biweekly during rainy periods
Semiannual
[3]
Editor's Note: Said appendix is included in Art. VIII, Appendices, of this chapter.
Q. 
As-built/record drawings. An as-built/record plan shall be submitted after project completion to ensure that the construction complies with the approved plans. The as-built/record plan shall be stamped and certified by a licensed New Mexico professional engineer.
A. 
Water and wastewater facilities.
(1) 
Standards; review. All water and wastewater facilities shall meet the requirements of the American Water Works Association (AWWA), the New Mexico Standards for Public Works Construction (NMSPWC), the New Mexico Environment Department (NMED), the New Mexico Office of the State Engineer (OSE), and Doña Ana County's water and wastewater specifications; see Chapter 319, Wastewater Systems, and Chapter 324, Water Systems, where appropriate. If a proposed utility is to be owned and maintained by the County or any utility company, the design shall be reviewed and approved by the appropriate utility company.
B. 
Water supply guidelines.
(1) 
Water conservation measures.
(a) 
The following water conservation measures are recommended for housing units in all subdivisions:
(b) 
All new construction shall conform to the requirements of the International Building Code, International Residential Code, and Uniform Plumbing Code, as adopted by Doña Ana County.
(c) 
Low-water-use landscaping techniques applying the principles of xeriscaping are highly recommended.
(2) 
Quantification of annual water requirements. The following procedures shall be used to quantify the maximum, annual water requirements for all subdivisions:
(a) 
The maximum annual water requirement for both indoor and outdoor purposes, for each parcel in a residential subdivision, shall be 0.75 acre-feet per year, unless a detailed water demand analysis approved by the State Engineer's Office justifies the use of a different figure. The total annual water requirement for the subdivision in acre-feet per year is computed by multiplying the number of parcels by 0.75.
(b) 
The applicant may, at his/her option, prepare a detailed water demand analysis using the step-by-step computational procedure presented in the relevant State Engineer Technical Report.
(c) 
A detailed water demand analysis shall be prepared for all nonresidential subdivisions and all water uses not directly related to residential uses within a mixed development subdivision. Annual water requirements shall be estimated using the relevant State Engineer Technical Report.
(3) 
Final plat approval requirements. In acting on the permit application, the State Engineer shall determine whether the amount of water permitted is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses.
(4) 
Water conservation best management practice.
(a) 
Description. Best practice will utilize passive water harvesting to collect stormwater, which promotes water infiltration, stormwater reduction, less complex erosion control and infrastructure systems, and optimal landscaping. Utilizing harvested stormwater will provide or offset landscape water needs.
(b) 
Method. Best practice will include passive water harvesting functions, which utilize gravity to direct the flow of stormwater into active landscape features. Best practices should be designed without additional tanks, piping, metering, pumps, or other infrastructure associated with containment systems.
(c) 
In certain configuration, additional infrastructure components will be needed to route overflow water, convey water under roads or parking lots, or for other purposes conducive to effective functioning of the passive system. Best practices should be coordinated with EDS and CD Department staff.
[Amended 11-14-2017 by Ord. No. 294-2017]
C. 
Water quality; liquid and solid waste disposal.
(1) 
Water quality documentation. For an applicant to document conformance with the water quality requirements of these guidelines and the New Mexico Subdivision Act, NMSA 1978, § 47-6-1 et seq., a water quality documentation package shall accompany the preliminary plat submission.
(a) 
The water quality documentation package shall:
[1] 
State the applicant's name and mailing address;
[2] 
State the date the package was completed;
[3] 
State the applicant's proposal for meeting the water quality requirements of these guidelines;
[4] 
Be accompanied by a copy of the applicant's disclosure statement on water quality;
[5] 
Be accompanied by the information listed in § 350-606C(1)(b), (c), or (d) of this section as applicable to the water supply proposal; and
[6] 
Be accompanied by other relevant information as may be necessary for the determination of compliance with the water quality requirements of these guidelines.
(b) 
If a new public water supply system (15 or more connections) is proposed, the following information shall be submitted as part of the water quality documentation package:
[1] 
A water quality analysis of a representative water sample for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, lead, mercury, nickel, nitrate, nitrite, selenium, thallium, alkalinity, aluminum, calcium, chloride, color, copper, foaming agents, hardness, iron, manganese, odor, pH, silver, sodium, sulfate, total dissolved solids, turbidity, and zinc;
[2] 
For areas where contamination of the proposed source water has been documented, a water quality analysis of a representative water sample for other water quality parameters may be required;
[3] 
The location and description of the source of water sampled for the water quality analysis;
[4] 
An engineer's report and preliminary plans for the proposed public water supply system; and
[5] 
Maps identifying and showing the location of all identifiable potential sources of contamination and the floodplain of all watercourses and surface bodies of water within 1,000 feet of the proposed water supply system source.
(c) 
If a connection to an extension of an existing public water supply system is proposed, the following information shall be submitted as part of the water quality documentation package:
[1] 
A water quality analysis of a representative water sample for alkalinity, aluminum, calcium, chloride, color, copper, foaming agents, hardness, iron, manganese, odor, pH, silver, sodium, sulfate, total dissolved solids, turbidity, and zinc;
[2] 
A statement of availability of water service signed by an official of the existing public water supply system; and
[3] 
An engineer's report and preliminary plans for the proposed extensions to the existing water system.
(d) 
If private water supply systems (individual wells, or cluster wells serving fewer than 15 connections) are proposed, the following information shall be submitted as part of the water quality documentation package:
[1] 
A water quality analysis of a representative water sample for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, lead, mercury, nickel, nitrate, nitrite, selenium, thallium, alkalinity, aluminum, calcium, chloride, color, copper, foaming agents, hardness, iron, manganese, odor, pH, silver, sodium, sulfate, total dissolved solids, turbidity, and zinc;
[2] 
For areas where contamination of the proposed source water has been documented, a water quality analysis of a representative water sample for other water quality parameters may be required;
[3] 
The location and description of the source of water sampled for the water quality analysis;
[4] 
Preliminary plans for the private water supply systems if the system will serve more than one connection; and
[5] 
Maps identifying and showing the location of all identifiable potential sources of contamination and the floodplain of all watercourses and surface bodies of water within the subdivision and within 500 feet of the proposed subdivision boundaries.
(e) 
Documentation of approval for the construction or modification of a public water supply system from the New Mexico Environment Department will be required for final plat approval.
(2) 
Liquid waste disposal documentation. For an applicant to document conformance with the liquid waste disposal requirements of these guidelines and the New Mexico Subdivision Act (see NMSA 1978, § 47-6-1 et seq.), a liquid waste disposal documentation package shall accompany the preliminary plat submission.
(a) 
The liquid waste disposal documentation package shall:
[1] 
State the applicant's name and mailing address;
[2] 
State the date the package was completed;
[3] 
State the applicant's proposal for meeting the liquid waste disposal requirements of these guidelines;
[4] 
Be accompanied by a copy of the applicant's disclosure statement on liquid waste disposal;
[5] 
Be accompanied by the information required in § 350-606C(2)(b), (c), or (d) of this section as applicable to the applicant's liquid waste disposal proposal; and
[6] 
Be accompanied by other relevant information required by the State Environment Department as may be necessary to determine whether there are sufficient liquid waste disposal facilities to fulfill the requirements of the subdivision in conformity with state regulations promulgated pursuant to the Environmental Improvement Act, NMSA 1978, § 74-1-1 et seq.; the Water Quality Act, NMSA 1978, § 74-6-1 et seq.; and the Solid Waste Act, NMSA 1978, § 74-9-1 et seq.; and whether the applicant can fulfill the proposals contained in his/her disclosure statement concerning water quality and concerning liquid waste disposal facilities.
(b) 
If the applicant proposes a new community liquid waste system, the following information shall be submitted as part of the liquid waste disposal documentation package:
[1] 
An engineer's report and preliminary plans for the proposed community liquid waste system;
[2] 
Maps showing the location of all water supply sources and the floodplain of all watercourses and surface bodies of water within 1,000 feet of the proposed liquid waste treatment and liquid waste disposal site; and
[3] 
Documentation of the filing of a notice of intent to discharge with the New Mexico Environment Department in accordance with the Water Quality Control Commission Regulations.
(c) 
If the applicant proposes a liquid waste system, by connection to and extension of an existing community liquid waste system, the following information shall be submitted as part of the liquid waste disposal documentation package:
[1] 
A statement of availability of liquid waste service signed by an official of the existing liquid waste system; and
[2] 
An engineer's report and preliminary plans for the proposed extension to the existing liquid waste system.
(d) 
If the applicant proposes a subdivision utilizing individual liquid waste systems, the following information shall be submitted as part of the liquid waste disposal documentation package:
[1] 
Percolation rate for the soils present within the proposed subdivision, and, if the general geologic characteristics of the area in which the subdivision is located indicate that either the seasonal high groundwater level or the surface of bedrock or other competent substrata may be located within eight feet of the ground surface, a soils investigation report (soil survey, soil borings to a minimum depth of eight feet, soil test results and analysis of the soil survey, soil boring, and soil tests) defining soil depth to bedrock, seasonal high water groundwater table or other limiting soil layer. If a soils investigation is required, soil borings shall be conducted within the property at a rate of one boring per 10 acres or part thereof;
[2] 
Maps showing the location of all water supply sources and the floodplain of all watercourses and surface bodies of water within the proposed subdivision and within 500 feet of the proposed subdivision boundaries;
[3] 
Preliminary plans for the individual liquid waste systems if a system will serve more than one connection; and
[4] 
Other relevant information required by the State Environment Department as may be necessary for determination whether there are sufficient liquid waste disposal facilities to fulfill the requirements of the subdivision in conformity with state regulations promulgated pursuant to the Environmental Improvement Act, NMSA 1978, § 74-1-1 et seq.; the Water Quality Act, NMSA 1978, § 74-6-1 et seq.; and the Solid Waste Act, NMSA 1978, § 74-9-1 et seq.; and whether the applicant can fulfill the proposals contained in the disclosure statement concerning water quality and concerning liquid waste disposal facilities.
(e) 
Documentation of approval for the discharge from a community liquid waste system from the New Mexico Environment Department will be required for final plat approval.
(3) 
Liquid waste disposal requirements. Conformance with the liquid waste disposal requirements of this section is required for preliminary plat approval.
(a) 
Community liquid waste systems. Community liquid waste systems shall be required for all subdivisions:
[1] 
In which any lot created by the subdivision is less than 0.75 acre in size, unless detailed engineering studies and designs are provided that meet the requirements for approval of a variance from the Environment Department; or
[2] 
Which create more than 100 lots, any of which is less than 1.5 acres in size.
[3] 
A community liquid waste system shall be permitted, designed, and constructed, by the time of first occupancy within the subdivision, to comply with the Water Quality Control Commission regulations; and be operated, maintained, and expanded as necessary to ensure that the system will comply with the Water Quality Control Commission regulations.
[4] 
The lot minimum sizes for individual liquid waste systems are per Table 6.26, Lot Sizes for Individual Liquid Waste Systems, Minimum Lot Size*.
(b) 
Individual liquid waste systems. Individual liquid waste systems shall be located, installed, operated, and maintained in a manner which will not cause a hazard to public health or degrade any body of water.
[1] 
Individual liquid waste systems shall not be installed:
[a] 
Where an existing community liquid waste system has been designed and constructed for use within the subdivision;
[b] 
In subdivisions or on lots with sizes less than shown in Table 6.26, Lot Sizes for Individual Liquid Waste Systems Minimum Lot Size*;
[c] 
At less than the setback distances shown in Table 6.27, Setback Distances for Individual Liquid Waste Systems;
[d] 
Consisting of privies (outhouses) or cesspools; and
[e] 
Consisting of holding tanks if an individual water supply system is to be used.
[2] 
The disclosure statement for the subdivision shall contain a description of the means of liquid waste disposal for the subdivision.
[3] 
Prior to certificate of occupancy approval for a residence or business, the applicant for certificate of occupancy shall demonstrate the installation of an individual liquid waste disposal system in accordance with a permit approved by the Environment Department, or connection to a community liquid waste system, if available.
Table 6.26 Lot Sizes for Individual Liquid Waste Systems, Minimum Lot Size*
Community water system
0.75 acre(2)
0.75 acre(2)
1.0 acre
(3)
Individual water supply
0.75 acre(2)
1.0 acre
1.25 acre
(3)
Percolation rate (minutes per inch)
5 to 15
16 to 30
31 to 60
Less than 5 or more than 60
Soil depth(4)
More than 7 feet
More than 7 feet
More than 7 feet
Less than 7 feet
Slope (percent)
Less than 8%
Less than 8%
8% to 25%
More than 25%
Design flow
375 gallons/day(5)
(5)
(5)
(5)
Notes:
(1)
In the use of this table, the minimum allowable lot size is to be based upon the largest minimum lot size determined by any one of the limiting characteristics listed in the table.
(2)
Lots smaller than 0.75 acre in size shall be provided with a) service from a community liquid waste system, or b) detailed engineering studies and designs meeting the requirements for variance approval from the Environment Department.
(3)
Any lots with any of these characteristics shall be provided with individual liquid waste disposal systems based upon detailed engineering studies and designs approved by the Environment Department or be provided with alternative means of liquid waste disposal
(4)
Soil depth is measured from the ground surface to any one of the following: a) seasonal high groundwater level; b) bedrock; or c) the upper surface of any limiting soil layer.
(5)
The minimum lot size required for individual liquid waste systems based upon design flow (375 gallons per day minimum) shall be computed as follows: Lot Size (acres) = Total Design Flow (gallons per day)/500, except where detailed engineering studies and designs have been approved for a variance from the Environment Department.
*
Pending NMED review and approval
Table 6.27 Setback Distances for Individual Liquid Waste Systems
Required Minimum Setback Distance
(feet)
Object
Treatment Unit
Disposal System
Lot line
5
5
Individual water supply system source
50
100
Public water supply system source
100
200
Edge of watercourses, except canals and arroyos
50
100
Edge of unlined canals and arroyos
15 + depth of channel
25 + depth of channel
Edge of lined canals
10 + depth of channel
10 + depth of channel
Public lakes
50(a)
100(a)
Notes:
(a)
Setback distance to artificially controlled lakes and reservoirs is measured from the closest projected shoreline at the maximum controlled water level.
(b)
All components of individual liquid waste systems shall be constructed so as to not be affected by floodplains.
(4) 
Solid waste disposal documentation. For an applicant to document conformance with the solid waste disposal requirements of these guidelines and the New Mexico Subdivision Act, NMSA 1978, § 47-6-1 et seq. A solid waste disposal documentation package shall accompany the preliminary plat submission.
(a) 
A solid waste documentation package shall:
[1] 
State the applicant's name and mailing address;
[2] 
State the date the package was completed;
[3] 
State the applicant's proposal for meeting the solid waste disposal requirements of these guidelines;
[4] 
Be accompanied by a copy of the applicant's disclosure statement on solid waste disposal;
[5] 
Be accompanied by the information required in § 350-606C(4)(b) of this section as applicable to the applicant's solid waste collection and disposal proposal; and
[6] 
Be accompanied by other relevant information required by the State Environment Department as may be necessary to determine whether there are sufficient solid waste disposal facilities to fulfill the requirements of the subdivision in conformity with state regulations promulgated pursuant to the Environmental Improvement Act, NMSA § 74-1-1 et seq.; the Water Quality Act, NMSA 1978, § 74-6-1 et seq.; and the Solid Waste Act, NMSA 1978, § 74-9-1 et seq. and whether the applicant can fulfill the proposals contained in the disclosure statement concerning water quality and concerning liquid waste disposal facilities.
(b) 
The disclosure statement for the subdivision shall contain a description of the means of solid waste disposal for the subdivision, including the following information:
[1] 
For subdivisions in which solid waste collection service is available, the disclosure statement shall include a statement of availability of solid waste collection and disposal service signed by an official of the solid waste collection service.
[2] 
For all other subdivisions, the disclosure statement shall include:
[a] 
The name of the nearest legal solid waste disposal site or transfer station; and
[b] 
The travel distance from the center of the subdivision to the nearest disposal site or transfer station.
A. 
Access roads; water supplies and fire hydrants; plans.
(1) 
Access roads to all developments shall meet the provisions of this chapter, and shall be improved and maintained in accordance with Chapter 195, Fire Prevention.
(2) 
Water supplies and fire hydrants shall be located, positioned and constructed in accordance with the current Doña Ana County adopted fire code. Such equipment shall be installed and maintained to meet fire flow, be compatible with Fire Department equipment and shall be approved by the County Fire Chief's office.
(3) 
The fire protection plans shall be submitted along with the preliminary plat and shall be stamped and certified by a licensed New Mexico professional engineer, indicating that the fire plans meet the specifications of the Doña Ana County adopted fire code. A letter from the local water district stating that the water supply and fire hydrants shall be maintained by that local water district shall be submitted with the plans.
A. 
Acceptable curb and gutter designs.
B. 
Drivepad and intersection drawings.
C. 
Clear sight triangle drawings.
[Amended 12-8-2020 by Ord. No. 317-2020]