CHAPTER 7 SUSTAINABLE DESIGN STANDARDS

§ 7.1 APPLICABILITY.

The development standards of this Section shall be applicable to all development, except as otherwise specified herein. Development approval shall not occur unless the applicant demonstrates compliance with all applicable standards of this Chapter and Chapter 4.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.2 FIRE AND BUILDING CODES.

In addition to the requirement of the SLDC, all development shall comply with the most current applicable codes adopted by the State of New Mexico, Santa Fe County and other entities, including but not limited to the following:

7.2.1

International Fire Code, 2015 edition, as adopted by 10.25.5 NMAC (“Fire Prevention and Public Occupancy”).

7.2.2

New Mexico Commercial Building Code, as adopted by 14.7.2 NMAC (“2015 New Mexico Commercial Building Code”), which adopts, with amendments, the 2015 International Building Code.

7.2.3

New Mexico Residential Building Code, as adopted by 14.7.3 NMAC (“2015 New Mexico Residential Building Code”), which adopts, as amended, the 2015 International Residential Building Code.

7.2.4

New Mexico Earthen Building Materials Code, as adopted by 14.7.4 NMAC (“2015 New Mexico Earthen Building Materials Code”).

7.2.5

New Mexico Residential Energy Conservation Code, as adopted by 14.7.6 NMAC (“2018 New Mexico Residential Energy Conservation Code”), which adopts, with amendments, the residential provisions of the 2018 International Energy Conservation Code.

7.2.6

New Mexico Commercial Energy Conservation Code, as adopted by 14.7.9 NMAC (“2018 New Mexico Commercial Energy Conservation Code”) which adopts, with amendments, the commercial provisions of the 2018 International Commercial Energy Conservation Code.

7.2.7

New Mexico Existing Building Code, as adopted by 14.7.7 NMAC (“2015 New Mexico Existing Building Code”), which adopts, with amendments, the 2015 International Existing Building Code.

7.2.8

New Mexico Historic Earthen Buildings, as adopted by 14.7.8 NMAC (“2015 New Mexico Historic Earthen Buildings”).

7.2.9

New Mexico Plumbing Code, as adopted by 14.8.2 NMAC (“2015 New Mexico Plumbing Code”), which adopts, with amendments, the 2015 Uniform Plumbing Code.

7.2.10

New Mexico Swimming Pool, Spa and Hot Tub Code, as adopted by 14.8.3 NMAC (“2012 New Mexico Swimming Pool, Spa and Hot Tub Code”), which adopts, with amendments, the 2012 Uniform Swimming Pool, Spa and Hot Tub Code.

7.2.11

New Mexico Mechanical Code, as adopted by 14.9.2 NMAC (“2015 New Mexico Mechanical Code”), which adopts, with amendments, the 2015 Uniform Mechanical Code.

7.2.12

New Mexico Solar Energy Code, as adopted by 14.9.6 NMAC (“2012 New Mexico Solar Energy Code”), which adopts, with amendments, the 2012 Uniform Solar Energy Code.

7.2.13

New Mexico Electrical Code, as adopted by 14.10.4 NMAC (“2017 New Mexico Electrical Code”), which adopts the 2017 National Electrical Code.

7.2.14

New Mexico Electrical Safety Code, as adopted by 14.10.5 NMAC (“2012 New Mexico Electrical Safety Code”), which adopts, with amendments, the 2012 National Electrical Safety Code.

7.2.15

The Santa Fe County Fire Code, as adopted by County Ordinance No. 2018-8, which adopts, with amendments, the International Fire Code, 2015 edition, and International Wildland- Urban Interface Code. 2015 edition.

7.2.16

New Mexico Night Sky Protection Act, enacted as NMSA 1978, §§ 74-12-1 to 74-12-11.

(Ordinance 2021-02 adopted 3/9/21)

§ 7.3 RESIDENTIAL PERFORMANCE STANDARDS (LOTS, BLOCKS AND SETBACKS).

7.3.1

Lots.

7.3.1.1

Lot Area.

The area of a lot shall include the total horizontal surface area within the lot’s boundaries, excluding existing and dedicated or conveyed public rights-of-way.

7.3.1.2

Buildings to be on a Lot.

Except as permitted in Planned Development districts, every building shall be located on an individual lot.

7.3.1.3

Compliance with Zoning District Regulations.

The size, width, depth, shape, use, and orientation of lots shall comply with the applicable zoning district regulations.

7.3.1.4

Frontage.

All lots shall front on a public or private road and shall have a minimum frontage width as indicated in the zoning district regulations. On irregularly shaped lots, a minimum road frontage of fifteen (15) feet is required. An “irregularly shaped lot” includes any lot located on a cul-de-sac or abutting a curved section of a roadway with a centerline radius of less than 200 feet. (Residential lots shall not front on a collector road or arterial road.)

7.3.1.5

Double Frontage Lots.

Double frontage or through lots are prohibited except in commercial or industrial districts. A double frontage lot is not created when an alleyway is provided. Double frontage lots may be permitted when creation of such a lot cannot be avoided due to the circumstances existing on the property.

7.3.1.6

Flag Lots.

Flag lots are prohibited except when creation of such a lot cannot be avoided due to the circumstances existing on the property (see illustration below).

7.3.1.7

Reduction of Lot Size by Governmental Action.

Where the owner of a legally platted lot has a lot reduced in size as a result of governmental action and does not own sufficient land to enable the lot to conform to the dimensional requirements of the SLDC, such lot may be used as a building site for a single-family residence or nonresidential use permitted in the district in which the lot is located.

7.3.2

Blocks.

7.3.2.1

Lots to be Contiguous.

Lots shall be arranged in a contiguous pattern within blocks or abutting a cul-de-sac. In minor subdivisions all lots shall be contiguous, and any new lots subdivided from a tract that has been previously subdivided shall adjoin the existing lots.

7.3.2.2

Block Length.

Blocks in the interior of a subdivision shall have sufficient length to provide for two tiers of lots. One tier of required block length is permitted in blocks adjacent to collector or arterial roads. Not more than two tiers of lots shall be provided for any block.

7.3.3

Setbacks.

7.3.3.1

Generally.

Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section.

7.3.3.2

Road Setbacks Shown on Plats.

Front and side setbacks adjacent to roads shall be shown on all plats as required by the SLDC. The setbacks provided are minimum setbacks; an applicant may elect to create greater setbacks.

7.3.3.3

Highway Setbacks.

Unless established through a right-of-way, all development shall be set back at least 150 feet from the road pavement of a federal highway and 100 feet from a highway, major arterial or railroad.

7.3.3.4

Fire Resistant Materials.

A reduced side yard setback may be permitted where fire resistant materials are used consistent with the New Mexico Fire Code and the Santa Fe County Fire Code. The road, side, and rear setback standards shall apply around the perimeter of an attached housing development.

7.3.3.5

Commercial and Industrial Zones.

Notwithstanding anything to the contrary in Setback Table 7-A, a setback of 100 feet from the property line is required between any residential district and any structures or uses within a commercial or industrial district. For purposes of this paragraph, the phrase “commercial district” shall not include the MU zone.

7.3.3.6

Acequia Easements.

All structures, excluding walls and fences, must be set back a minimum of 15 feet from the centerline of any acequia, ditch, lateral or drain under the authority of an acequia association, organization or irrigation district. Minimum setback requirement can be waived if easement is otherwise prescribed by a recognized acequia association or irrigation district. Applicants shall provide notice to impacted acequia associations, organizations or irrigation districts of development projects within 25 feet of an acequia, ditch, lateral or drain.

7.3.3.7

Dimensional Requirements.

The dimensions of required setbacks are provided in the following Setback Table. The setback standards do not apply to fences or walls.

Table 7-A: Setback Table
Zoning District	Front Setback (Min) ft	Front Setback (Max) ft	Side Setback (Min) ft	Rear Setback (Min) ft
Agriculture/Ranching (A/R)	25	n/a	50	50
Rural (RUR)	25	n/a	25	25
Rural Fringe (RUR-F)	25	n/a	25	25
Rural Residential (RUR-R)	20	n/a	25	25
Residential Fringe (RES-F)	10	n/a	25	25
Residential Estate (RES-E)	10	n/a	25	25
Residential Community (RES-C)	5	n/a	5	5
Traditional Community (TC)	5	n/a	5	5
Commercial General (CG)	5	25	0	30
Commercial Neighborhood (CN)	5	25	0	30
Industrial (I/IL)	20	n/a	30	30
Mixed Use (MU)	0	n/a	0*	5
Public/Institutional (PI)	5	n/a	5	10

*No interior side setbacks are required in the MU district, except when residential uses abut nonresidential uses, in which case the minimum side setback shall be 25 feet. If a commercial use in an MU district abuts a residential zone adjacent to the MU district, then the setback shall be equal to that of the adjacent residential zone.

7.3.3.8

Exceptions to Setback Requirements.

Notwithstanding other provisions to the contrary, the following exceptions to setback requirements shall apply provided that a ten-foot distance between structures is maintained:

Fences and walls may be allowed within required setbacks;

Chimneys, flues, or smokestacks may extend into setbacks but may not occupy more than twenty (20) square feet of the setback;

Sills and ornamental features may project up to two (2) feet into any setback;

Fire escapes may project up to five (5) feet into any required setback;

Cornices and eaves may extend up to five (5) feet into required setback, but shall remain at least two (2) feet from the property line;

Marquee signs and awnings may extend into setback;

Security gates and guard stations may be located within required setback;

At-grade patios, decks, uncovered terraces, uncovered steps and handicapped access ramps may extend into any required setback;

Mechanical equipment for residences may extend into required setback but shall remain at least five feet from the property line;

10.

Bay windows, entrances, balconies, portals, and similar features may extend up to two feet into required setbacks, but shall remain at least five feet from the property line;

11.

Pedestrian, bike or equestrian pathways or trails, leach fields and retention ponding may be permitted in required setbacks;

12.

Garages with alley access may extend into the rear setback;

13.

An addition to an existing structure that is was legally located within the setback, may be built within the setback provided that the addition will not be built closer than the existing structure is to the property line; and

14.

In cases where setback requirements prohibit development of a legal lot of record, the Administrator may allow a reduction of the setback(s) prohibiting development to a minimum of 5 feet.

7.3.3.9

Reduction in Setbacks.

Setbacks may be reduced as described below through use of landscaping.

The setback described in Section 7.3.3.3 may be reduced to seventy-five (75) feet if a landscaped buffer is created using trees with a minimum height at maturity of twenty (20) feet, twenty-five (25) feet wide, at a ratio of one tree for every 350 square feet. Existing trees may be utilized in determining the number of trees to be planted, provided that at least one-third of the trees are evergreens.

The setback described in Section 7.3.3.3 may be reduced to fifty (50) feet if a landscaped buffer is created using trees with a minimum height at maturity of thirty (30) feet and shrubs with a minimum height at maturity of twelve (12) feet, twenty-five (25) feet wide, at a ratio of one tree for every 300 square feet and one shrub for every 350 square feet. Existing trees may be utilized in determining the number of trees to be planted, provided that at least one-third of the trees are evergreens.

Further reductions of setbacks may be considered where a combination of trees and the construction of a solid masonry wall is proposed, or where a combination of trees and an earth berm of three to four feet in height is proposed to be constructed. The ratio of trees to square footage will depend on the variables of the site and nuisance factors to be mitigated.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.4 ACCESS AND EASEMENTS.

7.4.1

General Access Requirement.

All development shall provide access for ingress and egress, utility service, and fire protection whether by public access and utility easement or direct access to a public right-of-way. No structures are permitted to be built within or obstructing a platted access easement.

7.4.2

Access and Utility Easements.

7.4.2.1

Access Easements.

Consistent with Section 5.8, legal access shall be provided to each lot through an appropriate easement, deed or plat dedication.

7.4.2.2

Utility Easements.

Easements shall be provided for utility services including, but not limited to, water, sanitary sewer, gas, electric, and communications (cable/internet/phone). Utility easements shall have a minimum width of seven and one-half (7-1/2) feet, except where a transformer or other facility is required, in which case adequate provision for that facility or transformer shall be made. Where multiple utilities share the same easement, additional width sufficient to avoid conflict shall be provided. Easements shall be established to provide continuity of alignment throughout the area to be served and to adjoining areas. Utility easements shall be located such that each lot can be served by all proposed utilities.

7.4.2.3

Combined.

Access and utility easements shall be combined unless the utility company dictates otherwise, or where topographical conditions, existing utility easements, or other conditions dictate otherwise. In such cases, utility easements may be placed parallel to access easements so that maintenance of utility lines will not create the need to disturb a road or driveway. Utility trenches shall be placed within easements in or adjacent road or driveway easements or rights-of-way where possible, except where alternate locations are required for gravity flow of water or sewer or where a significant reduction in line length and terrain disturbance would be achieved by cross-country easements and trenching.

7.4.3

Drainage Easements.

Where a property is traversed by a watercourse, drainage conveyance, channel or stream, a stormwater or drainage easement shall be established which conforms substantially with such watercourse. All drainage components, including detention or retention basins, watercourses, acequias, drainage conveyances, channels or streams which impact more than one lot, shall be included in drainage easements.

7.4.3.1

Drainage easements between lots containing storm or drainage pipes with an inside diameter larger than 12 inches shall have a minimum width of 30 feet, or larger as determined by the Administrator with the following formula:

Minimum Easement Width = (2) × (Depth of Pipe) + (Pipe Diameter + 7')

7.4.4

Trail Easements.

When and where provided, trail easements shall have a minimum width of twenty (20) feet to provide access for maintenance, except where necessary to accommodate terrain or other site-specific conditions.

7.4.5

Fire and Emergency Access Easements.

Emergency access easements shall be not less than twenty (20) feet in width and shall remain at all times clear of obstructions including vehicles, structures, trees, shrubs and similar landscaping.

7.4.6

Cross-Access Easements for Nonresidential, Multifamily and Mixed Uses.

7.4.6.1

If a parcel is to be developed for any nonresidential, multifamily or mixed use, a cross-access easement shall be provided to adjoining properties that are similarly zoned and that front on the same road.

7.4.6.2

Cross-access easements shall have a minimum width of thirty (30) feet and shall be situated parallel to the road providing primary access. Cross-access easements shall be maintained by the property owner(s).

7.4.6.3

This requirement may be waived were unusual site conditions render such an easement of no reasonable benefit to adjoining properties or to public safety.

7.4.7

Vegetation Prohibited.

No new trees or shrubs shall be planted in utility or drainage easements.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.5 FIRE PROTECTION.

All development shall comply with the New Mexico Fire Code (or other applicable fire code as established by NMAC 10.25.5.8), and the Santa Fe County Fire Code.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.6 LANDSCAPING AND BUFFERING.

7.6.1

Applicability.

Except for the provisions of Section 7.6.3 which applies to all development, this Section shall apply only to nonresidential, mixed-use, multifamily development, and to all subdivisions.

7.6.2

Purpose and Intent.

The standards of this Section are intended to accomplish the following:

7.6.2.1

Assure that new development creates an amenity and improves and enhances the visual quality of an area;

7.6.2.2

Provide a buffer or screen between uses and roadways and residential areas;

7.6.2.3

Provide habitat and habitat corridors;

7.6.2.4

Prevent air and noise pollution;

7.6.2.5

Shade, cool and define large parking areas;

7.6.2.6

Define the separate function of thoroughfares and other land uses;

7.6.2.7

Promote revegetation of disturbed sites, minimize erosion, dust and slope instability;

7.6.2.8

Assure that landscaping is designed, installed and maintained to conform to the SLDC;

7.6.2.9

Preserve native vegetation and landscapes, and protect the visual and structural integrity of hillsides and mountainous areas from the deleterious effects of development; and

7.6.2.10

Promote conservation of water through the use of drought tolerant plant materials and xeriscape techniques.

7.6.3

Preservation of Existing Vegetation.

7.6.3.1

To the extent practicable, existing vegetation shall be preserved and incorporated into landscape plans. Existing vegetation shall be protected during site development; vegetation may be cleared but shall be limited to the footprint area of structures and a reasonable area for construction operations, and all cleared areas shall be replanted to approximately the original density and vegetation mix.

General Preservation Standards.

Transplantable trees displaced by construction shall be the primary source for required screening, buffering or landscaping.

Native trees, shrubs and landscape shall be retained within any landscape areas set aside for setbacks.

Permanent installation of retaining walls, terracing and tree wells shall be used to protect trees in areas where significant grade changes are made.

Significant Trees.

Removal of significant trees or damage to the critical root zone of significant trees outside of the buildable area is prohibited. Permanent installation retaining walls, terracing and tree wells should be utilized to protect significant trees in areas where significant grade changes are made.

Significant trees shall not be removed from the slopes greater than thirty percent (30%).

7.6.3.2

Xeriscape Requirements.

Only native or introduced vegetation that is drought and/or freeze resistant shall be used for landscaping. A list of suitable native plants shall be on file with the Administrator.

7.6.4

Landscaping for Nonresidential Uses.

7.6.4.1

For all nonresidential and multifamily development that is not already buffered by the requirements of Section 7.6.4 [7.6.3], a landscaped area twenty-five (25) feet in width shall be provided at the front of the property that abuts a public right-of-way that serves a highway or arterial and a landscaped area ten (10) feet in width shall be provided at the front of property that abuts a public right-of-way that serves a collector or local road.

7.6.4.2

The landscaping shall include a combination of trees, shrubs, grasses and flowers, ground cover or other organic and inorganic materials.

7.6.4.3

Evergreens and canopy or shade trees shall predominate; ornamental trees and shrubs and smaller native trees may be interspersed in groups which simulate natural tree stands.

7.6.4.4

Landscaped areas shall be permitted to be clustered closer to structures if this enhances the buffering or visual impacts.

7.6.5

Screening.

Any nonresidential or multifamily use that is located adjacent to a residential use, whether in an adjacent zone or as an approved nonresidential use within in a mixed-use or residential zone, shall provide screening to a height of not less than six feet for the adjacent residential uses.

7.6.6

Parking Area Landscaping.

7.6.6.1

Landscaping within parking lots shall be designed to shade the parking spaces and provide a visual break to the parking lot surface in accordance with the requirements of this Section.

7.6.6.2

Parking lots containing more than forty (40) or more parking spaces or are 12,000 square feet in total area, whichever is less, shall provide parking area landscaping as described in this Section; provided, however, that the standards of this Section shall not apply to vehicle/equipment storage lots or vehicle and equipment sales lots.

7.6.6.3

Parking areas containing 100 or more parking spaces shall provide landscaping in total area equal to least 10 percent of the total area of the parking lot. Parking areas containing between forty (40) and ninety-nine (99) parking spaces shall provide landscaping in total area equal to five (5%) percent.

7.6.6.4

Landscaped islands shall be provided at the end of each parking row containing ten (10) or more spaces.

7.6.6.5

Divider Medians.

Divider medians that form a continuous landscaped strip may be installed between abutting rows of parking spaces. The minimum width of divider medians shall be five feet if wheel stops or raised curbs prevent vehicle overhang of the median. If vehicle overhang is allowed, the minimum width shall be eight feet.

7.6.6.6

Plant Units.

Plant units shall be provided within the interior of off-road parking areas in accordance with Table 7-1 and the following:

Table 7-1: Planting Requirements for Off-Road Parking Areas
Required parking spaces	Minimum required tree planting	Minimum required shrub planting
0 to 39	None	None
40 to 100	1 tree per 10 spaces	3 shrubs per 10 spaces
100+	1 tree per 15 spaces	2 shrubs per 5 spaces

Shade trees shall have a clear trunk at least six (6) feet above the finished grade.

All landscape planting areas that are not dedicated to trees or shrubs shall be landscaped with ground cover or other appropriate landscape treatment. No turf shall be allowed within interior parking lot landscape areas.

Interior landscaping planting islands shall have a minimum area of 160 square feet and a minimum dimension of four feet; provided, however, that:

Tree planting areas shall be at least seven feet in any dimension; and

Planting islands parallel to parking spaces shall be at least five feet wide (to allow car doors to swing open).

Interior landscaping shall be uniformly distributed throughout the parking lot.

Pedestrian pathways or sidewalk areas shall be incorporated into the parking area landscape treatment.

7.6.7

Parking Area Perimeter Walls.

Perimeter visual screening shall be required for off-road parking areas in the following circumstances:

7.6.7.1

Parking areas with ten or more spaces or 4,000 square feet, whichever is less, shall be screened from view along the front property line (adjacent road rights-of-way) by an opaque, four-foot masonry wall or fence.

7.6.7.2

Such parking areas located within twenty-five feet of a property line adjoining residential uses, shall be screened from view along the front, side and/or rear property line by an opaque, six-foot masonry wall or fence. Required landscape buffers shall be located on the outside of the fence or wall.

7.6.8

Means of Compliance.

Wherever landscaping or screening are required by this Section, the following standards shall apply.

7.6.8.1

Planting Standards.

Where landscaping is required by this Section, these are the planting standards.

Trees.

At least one tree with a minimum height at maturity of twenty (20) feet shall be provided for each 500 square feet of landscaped area, or fraction thereof. Trees used to screen nonresidential and multifamily structures shall have a minimum height at maturity of thirty (30) feet. New trees shall be spaced at a distance equal to the average diameter of the spread of the crown of the typical mature specimen.

Shrubs.

At least three shrubs with a minimum mature height and spread of four feet shall be provided for each 500 square feet of landscaped area.

Grasses.

Lawn or turf areas shall be limited to no more than twenty-five percent (25%) of landscaped area or 800 square feet, whichever is less. Such areas shall not be planted in strips less than eight feet wide. All grasses utilized shall be appropriate to climate zone - cool season turf grasses are not permitted.

7.6.8.2

Screening Standards.

When screening is required by this Section, the following standards shall apply:

Materials.

Screening may be accomplished by:

a solid wall;

an opaque wood fence of materials at least 3/4 inch thick with cross-bracing secured with posts on maximum eight-foot centers set in concrete or posts treated with preservatives set 24 inches deep;

any combination of shrubs and trees that effectively creates a dense vegetative screen. Shrubs used to satisfy any required screening standards shall be limited to plants with a mature height of between six and fifteen (15) feet. Trees used to satisfy screening standards shall be 50/50 deciduous and evergreen mix;

use of chain-link fencing with slats is not acceptable for screening purposes; and

fences or walls that are solid below and incorporate trellis or lattice or similar from five and one-half (5.5) feet upwards shall be considered solid screens for purposes of this Section.

Height.

The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened.

7.6.8.3

Plant Type and Size.

Quality.

Plants installed to satisfy the requirements of this Section shall meet or exceed the plant quality and species standards of the New Mexico Association of Nursery Industries. Plants shall be nursery-grown and adapted to the local area. No artificial plants or vegetation shall be used.

Minimum Size.

The following minimum initial plant size requirements (at installation) of Table 7-2 shall apply in all cases:

Table 7-2: Minimum Plant Size Requirements
Plant type	Minimum size
Deciduous Trees	1-1/2 inch caliper (measured 6 inches above ground) and 6 feet tall
Evergreen Trees	6 feet tall
Shrubs	Between 1-gallon and 5-gallon container size and up to and 24 inches tall

7.6.8.4

Irrigation.

All landscaped areas shall include a permanent, underground irrigation system to ensure long-term landscape health and growth. Irrigation systems shall utilize stormwater, grey water or other non-potable irrigation water. Irrigation system design may take into consideration the water-demand characteristics of plant or landscape materials used.

As an alternative to permanent underground irrigation, water harvesting or surface irrigation from an acequia may be used for irrigation so long as the alternative provides sufficient water to maintain the landscaping.

Supplemental potable water may be used only when stormwater, grey water or other non-potable irrigation water is inadequate.

7.6.8.5

Installation and Maintenance.

Trees and large shrubs shall be supported after planting to prevent damage from wind.

Landscaped areas shall be maintained, including regular pruning, trimming, and watering.

Any plants that do not survive shall be replaced within thirty (30) days or during the next appropriate planting period.

Seeded areas shall be protected by accepted horticultural and permacultural practices to assure germination.

Seeding or planting may be delayed for the optimum germination or planting season.

7.6.8.6

Alternative Landscaping.

The Administrator may approve the submittal of an alternative landscaping plan in conjunction with the site development plan, which modifies or removes required landscaping, in the following circumstances:

in open lands characterized by an absence of significant natural vegetation;

where there is no practical purpose for screening or buffering;

where the subject development or use is not visible from the area otherwise required to be buffered;

where existing landscaping or topographic features provides adequate buffering;

where landscaping is prohibited by the International Wildland-Urban Interface Code;

at fire stations where a six foot high solid fence is constructed in lieu of landscaping;

where a building or other structure has a zero lot line meaning that the building or other structure is to be constructed up to or very near to the property line; or

where there is no adequate space for landscaping due to the location of existing buildings built in compliance with the then applicable land use regulations.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.7 FENCES AND WALLS.

7.7.1

Purpose.

The standards of this Section are intended to encourage construction of walls and fences that utilize traditional building styles and materials, as these vary throughout the county. The County finds that it is necessary for the public welfare to impose standards to improve and preserve the quality of fences and walls in residential neighborhoods in order to avoid blighting influences on neighborhoods and public safety problems.

7.7.2

Applicability.

The following fences and walls are exempt from the requirements of this Section:

7.7.2.1

Walls or fences for agricultural purposes; and

7.7.2.2

Residential walls and fences no higher than six feet.

7.7.3

Livestock Fencing.

It shall be the duty of the purchaser, lessee or other person acquiring the subdivided land to fence out livestock, where appropriate, in conformity with NMSA 1978, section 77-16-1.

7.7.4

Standards.

7.7.4.1

Location and Height.

Fence and wall locations and heights shall be as follows unless otherwise specified in the SLDC:

The maximum height of walls or fences shall not exceed eight feet; provided, however, that the height of pedestrian door or gate portals built into a wall or fence may be up to 11 feet.

The combined height of any freestanding wall or fence constructed atop a retaining wall shall not exceed 10 feet. When a combination of freestanding wall or fence and retaining wall greater than 10 feet is needed, multiple retaining walls or combined wall structures shall be used. Each retaining wall shall be set back a minimum of six horizontal feet from face-of-wall to face-of-wall and shall be a maximum of 10 feet in height. Setback area grading shall not exceed a one percent cross slope.

7.7.4.2

Materials.

A fence may be constructed of permanent material, such as wood (including coyote fences and similar), chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, adobe, straw bale or other materials that are similar in durability. The following materials shall not be used for fencing subject to this Section:

Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence, except that such materials may be used to provide artistic decoration or enhancement so long as the primary materials are consistent with this Section;

Plywood, particle board, paper, and visqueen plastic, pallets, plastic tarp, or similar material; or

In subdivisions along the perimeter of a tract or parcel that abuts a collector or arterial road, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.8 LIGHTING.

7.8.1

Purpose.

The outdoor lighting standards of this Section are intended to enhance the safety of areas designated for pedestrian and traffic use during evening hours, provide security, conserve energy, protect the night sky consistent with the Night Sky Protection Act (NMSA 1978, section 74-12-1 et seq.), and prevent spillover, nuisance or hazardous effects of light and glare on adjacent locations and uses of land. These standards shall not apply to County maintained public street lights but shall apply to all other outdoor lighting including, but not limited to:

7.8.1.1

Buildings and structures;

7.8.1.2

Recreational facilities;

7.8.1.3

Parking lot lighting;

7.8.1.4

Road lighting; and

7.8.1.5

Other outdoor lighting.

7.8.2

General Standards.

All outdoor lighting fixtures shall be designed, installed, located and maintained to conform to the standards of this Section. Glare onto adjacent properties or roads shall not be permitted.

7.8.2.1

Fixtures (electrical luminaries).

All outdoor light sources shall be concealed within cut-off fixtures, except as otherwise specified herein. Fixtures shall be mounted in such a manner that their cones of light are directed down or toward a surface, but never towards an adjacent residence or public road.

7.8.2.2

Lamp (Light Source or Bulb) and Shielding Requirements.

Lamps, light sources or bulbs shall be shielded and shall comply with the light source and shielding requirements of Table 7-3. Spillover of lighting onto adjacent properties shall not exceed 0.50 footcandle measured at any point on a property line. No outdoor lighting shall be directed towards any adjacent residential use or public road.

Table 7-3: Shielding Requirements
Lamp Type	Shielding	Special Requirements
LED	Full	None
Metal halide	Full with translucent filter	Subject to timing devices or restricted hours of operation. Limited to recreational facilities, sporting events, and special displays.
Fluorescent and quartz	Full	None
Any light 900 lumens or less	None	None, unless a group of such lamps produce cumulative lighting levels in excess of the levels set forth in Section 7.8.3.6 [Section 7.8.2.6] and Table 7-4.
Halogen	Full with translucent filter	For outdoor display of merchandise or sporting events; may be subject to timing devices or restricted hours of operation. Limited to recreational facilities, sporting events, and special displays.
Other sources	As approved by Planning Commission	May be conditioned as part of development approval/agreement or Temporary Use Permit.

7.8.2.3

Fixture (electrical luminaries).

All outdoor light sources shall be concealed within cut-off fixtures, except as otherwise specified herein.

Fixtures shall be mounted in such a manner that their cones of light are directed down or toward a surface.

Spillover of lighting to adjacent properties shall not exceed 0.50 footcandle measured at any point on a property line.

No outdoor lighting shall be directed towards any adjacent residential use or public road.

7.8.2.4

Fixture Height.

The lowest fixture height that can serve the lighting purpose shall be used in all cases; lighting specifically focused on paths and other items needing illumination shall be preferred to broadcast floodlighting over large areas. Maximum fixture height above adjacent grade for all fixtures shall be as follows:

Any pole-mounted lighting shall have a maximum height of twenty-five (25) feet. In or within thirty-five (35) feet of any residential zoning district and all light fixtures shall not exceed sixteen (16) feet in height.

Building-mounted light fixtures shall be attached only to walls and the top of the fixture shall not be higher than the top of the parapet or roof, whichever is higher. Said lights shall be shielded and directed downward.

Street light standards (upright supports) on a two-lane road shall not exceed the height limitations of the zoning district.

7.8.2.5

Uses with Special Lighting Needs (outdoor sporting events, arenas, jails).

Such lighting shall only be permissible if a Conditional Use Permit is granted and that the proposed height is the minimum required to achieve the purpose of this Section including even lighting. Spillover onto adjacent property is prohibited.

7.8.2.6

Illumination Levels.

Light illumination levels shall not exceed the limits established in Table 7-4. Seasonal decorations in place between Thanksgiving and January 15 are not counted toward these limits. The values in the following tables are upper limits and not design goals; design goals should be the lowest levels that meet the requirements. In order to provide uniform lighting in pedestrian and parking areas, outdoor lighting shall have an average-to-minimum uniformity ratio of 3:1.

Table 7-4: Illumination Levels
Zoning Districts	Maximum Allowable Total Lumen Output	Maximum Allowable Unshielded Lumens
Agricultural/Rural/Rural Fringe	50,000 lumens/acre or 5,500 lumens/residential unit	4,000 lumens/acre of surface to be lit
Residential Zoning Districts	50,000 lumens/acre or 5,500 lumens/residential unit	10,000 lumens/acre of surface to be lit
Mixed-use Residential Zoning Districts	100,000 lumens/acre or 5,500 lumens/residential unit	10,000 lumens/acre of surface to be lit
Industrial Zoning Districts	200,000 lumens/acre or 5,500 lumens/residential unit	10,000 lumens/acre of surface to be lit

7.8.3

Non-Road Lighting.

7.8.3.1

Pedestrian Way, Loading and Service Illumination.

Fully shielded decorative lamps housing an incandescent lamp of 160W or less for hanging under portals are permitted for pedestrian use, loading or service illumination. All other lamps (bulbs) and light sources designated for pedestrian use, loading or service illumination shall be recessed into any canopy structure, unless a suitable alternative is submitted to and approved by the Administrator.

7.8.3.2

Building Illumination.

So that there is no spillover beyond the building facade, building facades within nonresidential districts may be illuminated with:

Ground flood lamps installed close to the structure; or

Wall-mounted flood lamps shielded so that the light source is not visible.

7.8.3.3

Outdoor Storage, Display and Recreational Facilities.

Control of the distribution of illumination for outdoor recreation areas, outdoor storage areas or outdoor display of merchandise shall be subject to installation of automatic timing devices to turn off lighting between specified hours.

7.8.3.4

Recreational Facilities.

Any light source permitted by this Section, that complies with height restrictions as specified in the applicable zoning district, may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, auto racetracks, horse racetracks, or show arenas, consistent with the illumination standards specified in Table 7-4, provided that all fixtures used for event lighting shall be fully shielded, or shall be designed or provided with sharp cut-off capability.

7.8.3.5

Laser and search lights.

Whether stationary or sweeping, laser-source lights and search lights are prohibited for all but emergency purposes.

7.8.3.6

Moving lights.

Flashing, flickering, strobing, moving or otherwise animated lighting shall not be used other than for seasonal holiday lighting.

7.8.3.7

Mercury vapor and low pressure sodium lighting.

The installation and use of mercury vapor or low pressure sodium lighting is prohibited.

7.8.4

Road Lighting.

7.8.4.1

When Required.

Street lights are required; [at] an intersection of any road with a highway or arterial; and where necessary to protect the safety of motorists and pedestrians due to the particular characteristics or location of a site.

7.8.4.2

Street Light Standards.

All street lights shall comply with the following standards:

Street lighting shall comply with standards established in the Illuminating Engineering Society (IES) Lighting Handbook, latest revision, and the standards set forth in this Section;

Spacing of lights shall be governed by the New Mexico Standard Specifications for Highway and Bridge Construction, latest edition;

LED lighting shall be used;

Street lights shall be located and designed to enhance the safety of motorists and pedestrians, and shall create a transition from unlit areas to illuminated areas, continuity and uniformity of lighting, and avoid blind spots or dark shadows; and

Street lights shall be designed with their power lines installed underground.

7.8.4.3

Operation and Maintenance.

Payments for the operation and maintenance of street lights within subdivisions, multifamily developments or nonresidential developments shall be the responsibility of the developer or the developer’s designee. The disclosure statement, homeowners’ association or voluntary development agreement shall set forth an acceptable method for paying for operation and maintenance of the street lights.

7.8.5

Specific Outdoor Lighting Standards.

7.8.5.1

Residential lighting.

No permit is required for outdoor lights that are installed at one- and two-family dwellings and that are rated at 1,200 initial lumens or less per lamp, as long as the maximum lumen output per dwelling set by Table 7-4 (5,500 initial lumens) is not exceeded. Floodlights rated less than 1,200 initial lumens are included in this exception;

7.8.5.2

Emergency lighting.

No permit is required for temporary emergency lighting used by the fire, police, and public works departments or other emergency service agencies.

7.8.5.3

Security lighting.

All night lighting for security surveillance will be minimized. The use of motion-activated lights and alarms will be encouraged as an alternative. All applications for discretionary permits that propose security lighting shall include a security plan which delineates the area/s to be illuminated for security purposes and outlines the need for and purposes of the security lighting. Additionally:

Security lighting is subject to all standards, including shielding, light orientation, etc. established in this Section on lighting.

Security lighting designed to illuminate a perimeter (such as along a fence) shall include motion sensors designed to stay off unless triggered by an intruder located within 5 feet of the perimeter. Pole-mounted security lighting shall be installed no more than 10 feet from the perimeter of the designated area being illuminated, and poles cannot be located outside the parcel boundaries.

7.8.5.4

Gas station canopies and convenience stores.

Reserved.

7.8.5.5

Parking lot lighting.

Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and safety, and to prevent glare or direct illumination onto adjacent properties or public ways.

All lighting serving parking lots shall be fully shielded;

Parking area illumination shall be reduced by at least 75% within 1/2 hour of the close of the business(es) the parking area serves. This reduced lighting level can be achieved by automatic controls that reduce lighting by 75%. This standard does not require that lighting levels be reduced below 0.2 footcandles as measured horizontally at finished grade level.

7.8.5.6

Lighting levels.

Illumination levels in parking areas shall meet the requirements set forth for each Lighting Zone in Table 7-4.1.

Table 7-4.1: Maximum Average Illumination and Uniformity Ratios Required for Parking Lots in each Zoning District
Zoning District	Average Illumination* shall not exceed:	Uniformity Ratio^ shall not exceed	Maximum Illumination of any point shall not exceed
Agricultural/Rural/Rural Fringe	Parking lot illumination discouraged	Parking lot illumination discouraged	Parking lot illumination discouraged
Residential Zoning Districts	1.0 footcandles	20:1	5.0 footcandles
Mixed-Use Residential Zoning Districts	1.0 footcandles	20:1	5.0 footcandles

*Average illumination shall be measured horizontally at grade level, computed over the area of the parking lot.

^The uniformity ratio is a measure of the consistency of light levels across a given area. It is expressed as maximum:minimum illumination levels.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.9 SIGNS.

7.9.1

Purpose.

All signage shall comply with the requirements of this Section in order to:

7.9.1.1

improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the road and of directional or warning signs used for traffic safety;

7.9.1.2

provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention;

7.9.1.3

protect and enhance economic viability by assuring that Santa Fe County will be a visually pleasant place in which to live or to visit;

7.9.1.4

protect views of the natural landscape and sky;

7.9.1.5

allow for expression by signage required by state and federal law; and

7.9.1.6

protect the community by ensuring emergency vehicles are able to identify and respond to emergency situations by having all structures in Santa Fe County identified with numerical street address markings that are easily identifiable.

7.9.2

Applicability.

The requirements of this Section shall apply to all signs. All signs requiring a permit shall apply for a Development Permit pursuant to Chapter 4.

7.9.3

Placement.

Signs may not be placed on or over public roads or rights-of-way without approval from the Administrator, who shall ensure that traffic safety is maintained. Signs may not be placed in road or access easements, except for traffic signs and safety warning signs. On private property, signs may be placed in private utility easements.

7.9.4

Illumination.

Illumination may be indirect with the source of light concealed from view, direct, emanating through translucent materials of the sign itself, or by electrically activated gas tubing such as neon. LED signs and electronic message boards are not prohibited, but shall comply with all requirements of this Section. Indirect and reflected illumination shall not exceed ten (10) vertical footcandles in residential and mixed-use districts and twenty-five (25) footcandles in nonresidential districts. Indirect and reflected illumination readings shall be taken from the property line. Direct or interior illumination shall not exceed one hundred fifty (150) footcandles in residential and mixed-use districts and two hundred fifty (250) footcandles in nonresidential districts.

7.9.5

Permanence.

All signs shall be permanently affixed or attached to the ground or to a structure, except for temporary signs allowed under this Section.

7.9.6

Electrical.

All electrical service to a freestanding sign shall be underground.

7.9.7

Additional requirements.

Signs and sign structures may be subject to additional requirements of the county or the state, including building permit requirements and structural requirements of the New Mexico Building Code.

7.9.8

Traffic and Safety Signage.

Every property owner must mark their property using numerals that identify the address of the property so that the public safety department can easily identify the address from the street. All roadways, highways, and byways must have the name of the road, highway, and/or byway, the speed limit, warning signs regarding conditions that may be hazardous, roadway signs for identification and safety, and other signs required by federal, state, and local laws.

7.9.9

Signage types.

Definitions for all signage types.

7.9.9.1

Permanent Signs.

7.9.9.1.1

Wall Sign.

A signs attached to, painted on, embedded, extruced, carved, or incised into the wall of a building or structure in such a manner that the wall is the supporting structure for, or forms the background surface of, the sign and which does not project more than one foot from the wall on which it is mounted.

7.9.9.1.2

Monument Sign.

A permanent freestanding sign where the entire supporting base of the sign is affixed to the ground and is not attached to or supported by a building or structure.

7.9.9.1.3

Freestanding Signs.

A sign that is supported by a base structure that rests on the ground and is not supported by or attached to a building. Freestanding signs include pole mounted and pedestal signs that are permanently affixed to the ground, supported by uprights or braces and is not attached to any building or structure.

7.9.9.1.4

Projecting Sign.

A sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward beyond the façade of the building. A projecting sign may not project above the height of the building or more than three (3) feet from the building, and shall have a minimum clearance of eight (8) feet from the ground.

7.9.9.2

through 7.9.9.4. (Reserved)

7.9.9.5

Temporary Signs.

Signs such as posters, balloons, pennants, banners, or displays constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials and that appear to be intended for a limited period of time. Includes ground mounted signs that extend from the ground, or have a support that places the bottom of the sign less than two (2) feet from the ground. Temporary signs shall be removed five (5) days after the event to which it relates.

7.9.9.6

Window Signs.

A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is loated [located] withing [within] three feet of the window is considered a window sign.

7.9.9.7

Flag.

A cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, line, or framing.

7.9.10

Residential Signs.

Residential uses are allowed signage as follows:

7.9.10.1

Single-Family Residential Signs.

Single-Family Residential signs are permitted in accordance with Table 7-5.1 below and the standards of this Section.

Table 7-5.1 Single-Family Residential Signs Allowed
	Size (sq. ft.)	Location	Number of Signs	Height from ground	Permit Required
Permanent	4	No setback	1*	5 ft	No*
Temporary – A/R. RUR, Non-Res Districts	32	No Setback	2 per event/subject	5 ft	No
Temporary – All other Res Districts	16	No Setback	2 per event/subject	5 ft	No
Window	Not Allowed
Flag	15	No Setback	2	14 ft	No

*An approved low or medium impact home occupation shall be permitted one additional permanent sign pursuant to a development permit approving the sign.

7.9.10.2

Multifamily Signs.

Multifamily Residential signs are permitted in accordance with table 7-5.2 below and the standards of this Section.

Table 7-5.2 Multifamily Residential Signs Allowed
	Size (sq. ft.)	Location	Number of Signs	Height from ground	Permit Required
Permanent – to identify the multifamily development	32	See Table 7-5.3	1	See Table 7-5.3	Yes
Permanent – for each individual unit	4	Wall mounted at unit entrance	1*	5ft	No*
Temporary	32	No Setback	2 per event/subject	5 ft	No
Window	Not Allowed
Flag	32	See Table 7-5.3	2	See Table 7-5.3	No

*An approved low or medium impact home occupation shall be permitted one additional permanent sign pursuant to a development permit approving the sign.

7.9.10.3

Permanent Residential Sign Standards.

Permanent Residential Signs shall meet the following standards:

7.9.10.3.1

Height.

The maximum allowable height for freestanding permanent signs shall be as established in Table 7-5.3.

Table 7-5.3. Allowable Height for Permanent Signs.
Distance from R-O-W (feet)		Max. height (feet)
at least	but less than	Max. height (feet)
5	50	5.0
25	75	10.0

7.9.10.3.2

Types of Permanent Signs.

Only monument, freestanding, and wall mounted permanent signs are allowed in Residential Areas.

7.9.10.3.3

Materials used for Permanent Signs.

Only permanent materials such as metal, wood, plaster, stucco, and rock may be used in permanent signs in Residential Areas.

7.9.10.4

Additional Signs.

7.9.10.4.1

Residential subdivisions.

One identification sign per entrance to a residential subdivision is permitted, provided that such sign does not exceed thirty-two (32) square feet in area and is a monument sign.

7.9.11

Nonresidential Signs.

7.9.11.1

Nonresidential signs in a Residential Zoning District.

Nonresidential signs are permitted in a Residential Zoning District in accordance with table 7-5.4 below and the standards of this Section.

Table 7-5.4 Nonresidential Signs Allowed in a Residential Zoning District
	Size (sq. ft.)	Location	Number of Signs	Height from ground	Permit Required
Permanent	32	See Table 7-5.7	2*	See Table 7-5.7	Yes
Temporary – A/R, RUR	32	See Table 7-5.7	2 per event/subject*	See Table 7-5.7	No
Temporary – All other Res Districts	16	See Table 7-5.7	2 per event/subject	See Table 7-5.7	No
Window	Not Allowed
Flag	15	5 ft. Setback	2*	14 ft	No

*Number of signs per event or subject are limited to two Permanent, Temporary, or Flag signs in total. For example, a Nonresidential use with two permanent signs advertising the Nonresidential use could not also have flags advertising the use.

7.9.11.2

Nonresidential signs in a Nonresidential Zoning District.

Nonresidential signs within a Nonresidential Zoning District are permitted in accordance with table 7-5.5 below and the standards of this Section.

Table 7-5.5 Nonresidential Signs Allowed in a Nonresidential Zoning District
	Size (sq. ft.)	Location	Number of Signs	Height from ground	Permit Required
Permanent	70	See Table 7-5.7	2*	See Table 7-5.7	Yes
Temporary	32	See Table 7-5.7	2 per event orsubject*	See Table 7-5.7	No
Window	16	Inside Window	1	N/A	No
Flag	32	See Table 7-5.7	2*	See Table 7-5.7	No

7.9.11.3

Nonresidential Signs in Multi-Tenant Center.

Nonresidential signs within a Multi-Tenant center are permitted in accordance with table 7-5.6 below and the standards of this Section.

Table 7-5.6 Nonresidential Signs in Multi-Tenant Center
	Size (sq. ft.)	Location	Number of Signs	Height from ground	Permit Required
Permanent for the multi-tenant center	1 sq ft per linear ft of total building frontage or 150 sq ft, whichever is less	See Table 7-5.7	1*	See Table 7-5.7	Yes
Permanent for each tenant	1 sq ft per linear ft of tenant building frontage or 70 sq ft, whichever is less	Building mounted or projecting	1		Yes
Temporary for the multi-tenant center	32	See Table 7-5.7	2 per event or subject*	See Table 7-5.7	No
Window	16	Inside Window	1 per tenant	N/A	No
Flag	32	See Table 7-5.7	2*	See Table 7-5.7	No

7.9.11.4

Permanent Nonresidential Sign Standards.

Permanent Nonresidential Signs shall meet the following standards:

7.9.11.4.1

Height.

The maximum allowable height for freestanding permanent or temporary signs shall be as established in Table 7-5.7.

Table 7-5.7 Allowable Height for Permanent Signs.
Distance from R-O-W (feet)		Max. height (feet)
at least	but less than	Max. height (feet)
5	25	5.0
25	50	10.0
50	75	15.0
75	100	20.0
More than 100		25.0

7.9.11.4.2

Types of Permanent Signs.

All permanent sign types are allowed.

7.9.11.4.3

Material used for Permanent Signs.

Only permanent materials such as metal, wood, plaster, stucco, and rock may be used in permanent Nonresidential signs.

7.9.11.4.4

Additional Signage Allowed.

A Multi-Tenant center with two front facades facing intersecting roadways shall be allowed one (1) additional permanent sign advertising the multi-tenant center. The second sign shall not exceed 50% of the allowed signage area.

7.9.12

Prohibited Signs.

The following signs are not allowed in any zoning district:

7.9.12.1

Rooftop signs and signs that extend above the roof of any building.

7.9.12.2

Signs which contain any flashing, rotating, animated or otherwise moving features. The appearance of electronic or changeable message signs cannot change more frequently than once every minute. Exempted from this provision are electronic signs used specifically for the purpose of enhancing traffic safety during a traffic event, such as roadway construction project, or permitted special event.

7.9.12.3

Strings of light bulbs used for commercial purposes other than decorations for designated holidays.

7.9.12.4

Searchlights, beacons or other similar devices, whether stationary or revolving, used for the purpose of advertising or attracting attention to a property.

7.9.12.5

Signs with any obscene matter.

7.9.12.6

Off-site advertising.

7.9.12.7

Oversized signs or billboards.

7.9.13

Clocks and thermometers.

The following shall apply to clocks and thermometers when constructed within or as a part of a Nonresidential use sign or when displayed as a separate Nonresidential use sign:

7.9.13.1

Clocks and thermometers shall not exceed sixteen (16) square feet in area;

7.9.13.2

If text and/or copy is present other than that related to the clock or thermometer functions, the area of the clock or thermometer shall not be computed as part of the sign area;

7.9.13.3

The hands of the clock and the motive mechanism shall not be considered as moving parts;

7.9.13.4

Illuminated numerals shall not be classified as blinking or flashing lights; and

7.9.13.5

All clock signs shall keep accurate time and all thermometer signs shall accurately record the temperature. If these conditions are not complied with, the instruments shall be promptly repaired or removed.

7.9.14

Sign Maintenance.

All signs shall be maintained in good condition at all times. All signs shall be kept neatly finished and repaired, including all parts and supports. The Administrator may inspect any sign governed by the SLDC at any time to ensure compliance with this Section.

7.9.15

Measurement.

The following standards apply to the measurement of all signs.

7.9.15.1

Sign area for individual signs.

The area of the sign face shall be computed as shown in Figure 7.1 by means of drawing the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background. If the sign is a cabinet sign (a sign that contains all the text, artwork, logos and/or other information displayed within an enclosed cabinet), then the sign area shall be determined by the outer edge of the sign frame or cabinet that encompasses all text, decorative artwork, logos, or other information displayed.

Figure 7.1: Measurement of Sign Area

7.9.15.2

Sign area for multi-faced signs.

Sign area of multi-faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point will be considered in measuring that side of the sign. Figure 7.2 illustrates the following two standards:

7.9.15.2.1

Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is 60 degrees or less, only one display face shall be measured in computing sign area. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be the area of the larger face.

7.9.15.2.2

Where the sign faces of a double-faced sign are parallel or the interior angle formed by the faces is 60 degrees or more, the areas of all faces of a multi-faced sign shall be added together to compute the area of the sign.

Figure 7.2: Measurement of Area: Multi-faced Signs

7.9.15.2.3

The height of a freestanding sign shall be measured as the vertical distance from the average finished grade of the ground below the sign excluding any filling, berming, mounding or excavating solely for the purposes of increasing the height of the sign, to the top edge of the highest portion of the sign including any architectural appurtenances.

7.9.15.2.4

The required setback for freestanding signs shall be the distance between the nearest edge of the sign and the road right-of-way or lot line.

7.9.15.3

Building frontage.

For purposes of this Section, the building frontage shall mean the horizontal length of a building on the side with its principal public entrance, measured as the shortest distance between two lines projecting from the two front corners of the building (regardless of concave or convex characteristics of the building), with the lines parallel to each other and as close as practicable to the perpendicular front of the building. Figure 7.3 illustrates this concept:

Figure 7.3: Measurement of Building Frontage

7.9.16

Nonconforming Signs.

In order for a nonconforming sign to preserve it’s nonconforming status, the sign shall not be structurally or physically changed, except the copy and/or text may be changed.

7.9.16.1

All nonconforming signs on a property shall be brought into conformance with this Section when:

7.9.16.1.1

a change to any sign, except in the content of a sign, occurs;

7.9.16.1.2

a change of use, as defined in the SLDC, occurs on the property; or

7.9.16.1.3

a new sign is added to the property.

7.9.16.2

A nonconforming sign shall not be re-established after damage if the estimated cost of repair exceeds fifty percent (50%) of the appraised replacement cost of the sign.

7.9.17

Removal of Obsolete Signs.

A sign and related sign structure shall be removed from a property in the event that the sign is blank or displays obsolete material for a period six (6) consecutive months. Whenever a sign is removed from a building or structure, the building or structure shall be cleaned, painted or otherwise altered, and all supports, brackets, mounts and utilities shall be removed so that there is no visible trace of the removed sign or supports, brackets, mounts and utilities.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.10 PARKING AND LOADING.

7.10.1

Purpose.

All off-road parking and loading facilities shall be provided in compliance with the requirements of this Section in order to:

7.10.1.1

improve the design of parking facilities to maximize convenient access to homes and businesses with minimal vehicle or pedestrian conflict;

7.10.1.2

implement construction standards for surfacing materials, design criteria for stall dimensions, approach widths and locations to ensure efficiency, usability and a reasonable life expectancy for parking facilities;

7.10.1.3

provide a minimum acceptable number of off-road parking spaces in association with any use or building which is to be erected, substantially enlarged or changed from one principal use to another;

7.10.1.4

facilitate maximum land utilization between business types through encouragement of shared facilities; and

7.10.1.5

provide fire lanes and access for emergency personnel, and sight distances at all roadway intersections.

7.10.2

Applicability.

This Section applies to all new development, to expansion or enlargement of an existing structure, or to a change of use that creates a need for additional parking.

7.10.3

Computing Parking Requirements.

The following rules shall apply when computing parking requirements:

7.10.3.1

Fractions.

When a calculation results in a fractional number, the fraction shall be rounded to the next highest whole number.

7.10.3.2

Distances.

Distances shall be measured between nearest off-road parking facility and nearest primary entrance of the building or use to be served.

7.10.3.3

Multiple Uses.

When two or more uses or separate establishments are located within the same development, off-road parking shall be provided for each use or separate establishment. If one or more uses within a multi-use development are of a size that would otherwise exempt them from compliance with off-road parking requirements, only one such exemption shall be permitted to be taken for the entire development.

7.10.3.4

Floor Area.

Unless otherwise expressly stated, all square footage based off-road parking and loading standards shall be computed on the basis of the net usable square footage of all space used.

7.10.3.5

Seating.

When seating consists of benches, pews or other similar seating facilities, each 20 linear inches of seating space shall be counted as one seat.

Where parking requirements relate to movable seating in auditoriums and other assembly rooms, 15 square feet of floor area shall be construed to be equal to one seat, except where otherwise specified.

7.10.3.6

Employees, Students and Other Occupants.

For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated or licensed capacity, whichever is applicable. In hospitals, bassinets shall not be counted as beds.

7.10.4

Minimum Parking Requirements.

Unless otherwise expressly stated in this Code, parking spaces shall be provided in accordance with Table 7-6.

Table 7-6: Parking
Use classification	Specific use	Minimum # of spaces required
Residential Buildings
Household Living	All household living not listed below	Section 7.10.5
Household Living	Single-family dwellings and manufactured homes	2.0 per dwelling unit
Group Living	All group living	1.0 per 4 beds + 1.0 per 100 square feet of assembly area
Public, Institutional and Community Service
Place of Worship	All places of worship	1.0 per 4 seats
Day Care		2.0 spaces plus 1 per employee, in addition to adequate stacking and pick-up areas
Community Service	All community service not listed below	Section 7.10.5
	Community facilities and Institutions	1.0 per employee plus 1 per 300 sq. ft.
Educational Facilities	All educational facilities not listed below	Section 7.10.5
	Elementary and middle schools	1.0 per 1.5 teachers and employees
	Middle or high schools	1.0 per 1.5 teachers and employees + 1 per 3 students
Government Facilities	All government facilities	Section 7.10.5
Parks and Open Spaces	All parks and open space	Section 7.10.5
Passenger Terminal	All passenger terminals	Section 7.10.5
Social Service Institutions	All social service institutions	Section 7.10.5
Utilities	All Utilities	Section 7.10.5
Retail, Service and Commercial Use Categories
Entertainment Events, Major	All major entertainment events, not listed below	Section 7.10.5
	Auditoriums/theaters	1.0 per 4 seats
Medical Services	All medical services not listed below	Section 7.10.5
	Hospitals	1.5 per bed
	Medical and dental offices/clinics	1.0 per 200 sq. ft.
Office	All offices not listed below	1.0 per 200 sq. ft.
	Banks and other financial institutions	1.0 per 200 sq. ft.
	Offices	1.0 per 200 sq. ft.
	Research/development	1.0 per 200 sq. ft.
Transient Accommodations	All transient accommodations not listed below	1.0 per bedroom or rental unit
	Hotels, motels, inns, and bed and breakfasts	1.0 per bedroom or rental unit
	Resorts	1.0 per bedroom or rental unit
Indoor Recreation	All indoor recreation [not listed below]	Section 7.10.5
	Convention or conference center	1.0 per 4 seats
	Entertainment and recreation, indoor	1.0 per 200 sq. ft.
Outdoor Recreation	All outdoor recreation not listed below	Section 7.10.5
	Racetracks and stadiums	1.0 per 4 seats
Restaurants and Bars	All restaurants and bars	1.0 per 3 seats, 2 spaces minimum
Retail Sales and Service	All indoor retail sales and services	1.0 per 200 sq. ft.
Vehicle Sales and Service	All vehicle sales and service	1.0 per 400 sq. ft.
Storage	All storage	Section 7.10.5
Industrial Use Categories
Industrial Sales and Service	Industrial sales and service not listed below	1 per 500 sq. ft.
	Manufactured home sales and service	1.0 per 500 sq. ft., plus 1.0 per employee
	Manufacturing	1 per 500 sq. ft.
Warehouse and Freight Movement	Warehouse and freight movement not listed below	1.0 per employee
Warehouse and Freight Movement	Truck stops	1.0 per 400 sq. ft.
Waste-related Services	All Waste-related services	1.0 per employee
Wholesale Trade	All wholesale trade not listed below	1.0 per 500 sq. ft. plus 1.0 per employee
Heavy Industrial	All heavy industrial	1.0 per 500 sq. ft.
Resource Extraction	All resource extraction	Section 7.10.5
Open Use Categories
Agriculture	All agriculture not listed below	Section 7.10.5
	Agriculturally related supplies and equipment	1.0 per employee
	Greenhouses and plant nurseries	1.0 per 200 sq. ft. of retail space
	Veterinary clinics (large animal)	1.0 per 500 sq. ft.
	Veterinary clinics (small animal)	1.0 per 300 sq. ft.

7.10.5

Alternative Parking Requirements.

Uses that are neither listed in Table 7-6 nor are reasonably similar to those listed in Table 7-6, shall be determined by applying recommended guidelines and principles set forth in the publication “Parking Generation, 4th Edition” or as amended from time to time, published by the Institute of Traffic Engineers.

7.10.6

Bicycle Parking Facilities.

Bicycle parking facilities for nonresidential uses shall be required in accordance with AASHTO’s latest edition of “Guide for the Development of Bicycle Facilities”

7.10.7

Shared Parking.

The Administrator may approve shared parking for projects with multiple uses. An applicant proposing shared parking shall provide an analysis of required parking and the amount that can be shared by different uses. Shared parking requires an executed parking agreement to be submitted.

7.10.8

Space Identification.

Parking spaces shall be permanently and clearly marked. Parking facilities shall be clearly marked with appropriate signs, and shall otherwise provide for orderly and safe parking, loading and unloading of vehicles. All markings, including pavement striping, directional arrows and signs shall be properly maintained in a highly visible condition at all times.

7.10.9

Surfacing and Maintenance.

Parking lots of forty or more spaces shall be paved, and parking lots containing fewer than forty spaces shall have a properly compacted base course surface. Where paved parking is required, permeable pavement may be used. Parking areas shall be maintained in a dust-free, well-drained, serviceable condition at all times.

7.10.10

Dimensions.

Parking spaces shall comply with Table 7-7. The minimum dimension on all parking spaces shall be at least 8.5' by 18'.

Table 7-7: Parking Space Minimum Dimensions
Use	Type of space	Dimensions
Residential	All	8.5' x 18'
Nonresidential	Angle spaces	8.5' x 18'
All	Parallel spaces	8.5' x 20'

7.10.11

Vertical Clearance.

Vertical clearance for parking spaces shall be a minimum of seven feet.

7.10.12

Internal Circulation System.

7.10.12.1

The layout of the circulation system shall be designed to provide access between parking spaces and roads, and to accommodate vehicular traffic and pedestrians safely and efficiently with a minimum impact on adjacent properties.

7.10.12.2

The layout of the circulation system shall be adapted to the site, taking into consideration physical factors such as natural elements, grade and drainage, as well as aesthetic factors, such as the visual impact of the road pattern and the highlighting of special site features.

7.10.13

Aisle Widths.

Aisles within parking lots shall have a minimum of 13' for one-way aisles and 20' for two-way aisles.

Table 7-8: (Reserved)

7.10.14

Location.

All parking spaces shall be located on the same lot as the principal use, or adjacent to the lot containing the principal use. Where located on an adjacent lot, safe access from the adjacent parking to the principal use shall be provided. Nothing in this Section shall prohibit establishment of shared parking agreements pursuant to Section 7.10.7.

7.10.15

Accessibility Requirements.

A portion of the total number of parking spaces shall be specifically designated, located and reserved for use by persons with physical disabilities. The minimum number of accessible spaces to be provided for all development, except for single-family residential, is set forth in Table 7-9.

Table 7-9: Accessible Parking Spaces
Total parking spaces provided	Minimum # of accessible spaces	Minimum # of van-accessible spaces
1–25	1	1
26–35	2	1
36–50	3	1
51–100	4	1
101–300	8	1
301–500	12	2
501–800	16	2
801–1000	20	3
Over 1000	20 + 1 per each 100 spaces, or fraction thereof, over 1,000	1 out of every 8 accessible spaces, or fraction thereof

7.10.15.1

Location.

Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building or pedestrian entrance.

7.10.15.2

Minimum Dimensions.

All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces, as follows:

Car-Accessible Spaces.

Car-accessible spaces shall have at least a five-foot-wide access aisle located abutting the designated parking space.

Van-Accessible Spaces.

Van-accessible spaces shall have at least an eight-foot-wide access aisle located abutting the designated parking space.

7.10.15.3

Surfacing.

All accessible parking spaces and associated access aisles shall be paved or of other hard surface, even if the remainder of the parking lot is unpaved.

7.10.15.4

Signs and Marking.

Required spaces for persons with disabilities shall be identified with signs and pavement markings identifying them as reserved for persons with disabilities. Signs shall be posted directly in front of the parking space at a height of no less than 42 inches and no more than 72 inches above pavement level.

7.10.16

Vehicle Stacking Areas.

7.10.16.1

Minimum Number of Spaces.

The minimum number of stacking spaces shall be provided pursuant to Table 7-10.

Table 7-10: Vehicle Stacking Areas
Activity type	Minimum stacking spaces	Measured from
Bank teller lane	4	Teller or window
Automated teller machine	3	Teller
Restaurant drive-through	6	Order box
Carwash stall, automatic	4	Entrance
Carwash stall, self-service	3	Entrance
Gasoline pump island	2	Pump island
Other	Determined by Administrator

7.10.16.2

Design and Layout.

Where stacking is required, it shall conform to the following standards:

No stacking space may occupy any portion of a public right-of-way;

The minimum pavement lane width shall be twelve feet;

Stacking spaces shall not be used to satisfy any of the off-road parking or loading requirements except spaces at gas stations, where one space per pump may count toward off-road parking requirements;

Stacking lanes shall not interfere with parking spaces, parking aisles, loading areas, internal site circulation or driveways; and

A twelve-foot bypass lane is required adjacent to the stacking lane to allow vehicles to circumvent the drive-through lane.

7.10.17

Off-Road Loading Areas.

Every nonresidential building (or part thereof) where receipt or distribution by vehicles or materials or merchandise is planned to occur shall provide and maintain loading space in accordance with Table 7-11.

Table 7-11: Off-Road Loading Requirements
Gross floor area	Number of required loading spaces
Less than 10,000 sq. ft.	None
10,000 - 75,000 sq. ft.	1
75,001 - 125,000 sq. ft.	2
Each additional 100,000 sq. ft.	1

7.10.18

Passenger Drop-Off Areas.

7.10.18.1

All public and private schools, general day care and large-family day care uses, institutional uses, and recreational uses shall provide an on-site area for drop-offs and pick-ups.

7.10.18.2

Drop-off and pick-up areas for public or private schools shall provide for at least one automobile and one-half of a school bus space for each fifty students, not to exceed eight automobile or bus spaces.

7.10.18.3

Drop-off and pick-up area for a day care, institutional and recreational use shall provide at least one drop-off/pick-up space and also shall provide a maneuvering area to allow vehicles to drop off and pick up passengers and exit the site without backing.

7.10.18.4

Drop-off and pick-up areas may be adjacent to a primary driveway access or aisle, but shall be located far enough off the road to prevent back-up onto the road.

7.10.18.5

Minimum widths for a drop-off and pick-up area that is combined with an access drive are 12 feet for one-way traffic and 24 feet for two-way traffic.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.11 ROAD DESIGN STANDARDS.

7.11.1

Purpose and Findings.

These regulations are designed to:

7.11.1.1

Ensure that the design of roads conforms to the policies of the SGMP;

7.11.1.2

Provide for the safety for both vehicular and pedestrian traffic;

7.11.1.3

Provide for livable residential, mixed-use and commercial environments;

7.11.1.4

Provide for economy of land use, construction, and maintenance; and

7.11.1.5

Provide safe and efficient access to property.

7.11.2

Applicability.

The standards of this Section shall apply to all development except as otherwise specified herein.

7.11.2.1

Tables 7-12 and 7-13 provide road design standards. Urban road standards shall apply to all roads within SDA-1, and to all planned development and mixed-use zoning districts. Rural road standards shall apply to all roads within SDA-2 and SDA-3. Local roads serving a major subdivision, multifamily development or nonresidential use over 10,000 sq ft in SDA-2 and SDA-3 may be required to provide paving, sidewalks or bike lanes for continuity if existing roads have this level of improvement.

Table 7-12: Urban Road Classification and Design Standards (SDA-1).
	Avg. daily traffic	# of driving lanes	Lane width (ft)	Sidewalks	Bike lanes	Min. ROW (ft)	Design Speeds (mph)	Max % Grade	Min. agg.base course	Min. bit. pavement	Max % Super-elev.
Major Arterial or highway	5000 +	2-6	12	Two 5'	Two 5 ft on-road	150	Level: 50+ Rolling: 50+ Mount.: 50+	5%	6"	6"	Refer to AASHTO
Minor arterial	2000 to 4999	2-4	12	Two 5'	Two 5 ft on-road	120	Level: 30-60 Rolling: 30-60 Mount.: 30-60	5%	6"	5"	Refer to AASHTO
Collector	601 to 1999	2	11	Two 5'	Two 5 ft on-road	80	Level: 30+ Rolling: 30+ Mount.: 30+	8%	6"	4"	5%
Subcollector	301 to 600	2	11	Two 5'	Two 5 ft on-road	60	Level: 30+ Rolling: 30+ Mount.: 30+	8%	6"	4"	5%
Local	0 to 400	2	10	One 5'	n/a	50	Level: 20-30 Rolling: 20-30 Mount.: 20-30	7%	6"	3"	5%
Cul-de-Sac	0 to 300	2	10	n/a	n/a	38	Level: 30-50 Rolling: 20-40 Mount.: 20-30	9%	6"	3"	n/a
One-Way Alley	n/a	1	12	n/a	n/a	19	N/a	7%	6"	3"	n/a
Residential Driveway	n/a	1	14	n/a	n/a	16	n/a	12%	n/a	n/a	n/a

Table 7-13: Rural Road Classification and Design Standards (SDA-2 and SDA-3)
	Avg. daily traffic	# of driving lanes	Lane width (ft)	Non-vehicular side paths	Bike lanes	Min. ROW (ft)	Design Speeds (mph)	Max % Grade	Min. agg.base course	Min. bit. pavement	Max % Super-elev.
Major arterial or highway	5000 +	2–4	12	n/a	Two 5 ft on-road	150	Level: 70 Rolling: 70 Mount.: 50-60	5%	6"	6"	8%
Minor arterial	2000 to 4999	2–4	12	n/a	Two 5 ft on-road	120	Level: 60-75 Rolling: 50-60 Mount.: 40-50	5%	6"	5"	8%
Collector	401–1999	2	11	n/a	n/a	80	Level: 40-60 Rolling: 20-50 Mount.: 20-40	8%	6"	4"	8%
Local	0–400	2	10	n/a	n/a	50	Level: 30-50 Rolling: 20-40 Mount.: 20-30	9%	3"	n/a	8%
Cul-de-Sac	0 to 300	2	10	n/a	n/a	38	Level: 30-50 Rolling: 20-40 Mount.: 20-30	9%	3"	n/a	n/a
Residential Driveway	n/a	1	14	n/a	n/a	16	n/a	12%	N/a	n/a	n/a

7.11.3

General Requirements.

Adequate roads shall be provided such that the arrangement, character, extent, width and grade of each shall conform to this Section.

7.11.3.1

Connectivity.

The arrangement of roads in any development shall provide for the continuation or appropriate projection of existing or proposed highway or arterial roads in surrounding areas according to the Official Map, and shall provide reasonable means of ingress and egress to surrounding property. Roads within subdivisions shall not be gated unless the road is a dead-end road serving no more than five (5) lots.

7.11.3.2

Road Names.

Road names or numbers shall not duplicate or be similar to the names or numbers of existing roads; if the proposed road is an extension of an existing road, then the proposed road shall have the name of the existing road. All road names and numbers shall be assigned by the Santa Fe County Rural Addressing Division.

7.11.3.3

Service Life.

Pavement shall be designed for a 20-year service life, and the design of pavement structures shall conform to the New Mexico Standard Specifications for Road and Bridge Construction. Pavement design documentation shall be prepared and signed by, or shall be under the supervision of, a professional engineer.

7.11.3.4

Rules of Interpretation.

If and where Section 7.11 fails to adequately address a road standard or specification, then the Administrator shall refer to the current or currently adopted version of the following manuals or guides, in the following order, until an adequate and appropriate standard or specification is found:

Standard Specifications for Highway and Bridge Construction of the New Mexico Department of Transportation (NMDOT);

Policy on Geometric Design of Highways and Streets (‘Green Book’) by the American Association of State Highway and Transportation Officials (AASHTO);

Manual on Uniform Traffic-Control Devices (MUTCD) by the Federal Highway Administration;

Guidelines for Driveway Location & Design, by the Institute of Transportation Engineers; and

Roadside Design Guide by the American Association of State Highway and Transportation Officials (AASHTO);

7.11.3.5

Cuts and Fills.

All development, including roads, buildings, parking areas, and driveways shall be located so as to minimize areas of cut and fill. Fill slopes shall not exceed a 3:1 ratio and cut slopes shall not exceed a 2:1 ratio unless designed by a New Mexico Professional Engineer.

Cut and fill slopes combined shall not exceed 20 feet.

Retaining walls shall not exceed ten feet in height[.]

All cut and fill slopes shall not be less than three (3) feet from property lines.

7.11.4

Base Course and Soil Compaction Standards.

7.11.4.1

Soil classification and sub-grade conditions shall determine the base course thickness required. A minimum of three (3) inches for local roads and cul-de-sacs in SDA 2 and 3 and a minimum of six (6) inches of base course on other roads per Tables 7-12 and 7-13 shall be required and more than six (6) inches may be required if soil conditions so indicate. In wet or swampy ground, rock or an acceptable alternative to rock as recommended by a licensed soils engineer shall be placed so as to establish a sub-base for placement of base course. Base course shall be watered and rolled to a compaction of not less than ninety-six (96%) percent of maximum density, according to methods specified by the AASHTO, T-180 modified proctor moisture density test.

7.11.4.2

Base course and sub-base aggregate shall meet the gradation requirements specified in Table 304, Class I, II or III, NMDOT ‘Standard Specifications for Road and Bridge Construction’ and shall have a plasticity index of eight to twelve percent (8%–12%), a copy of which is on file for public inspection in the office of the Code Administrator. Plasticity index does not apply to roads to be constructed for a paved surface.

7.11.4.3

There shall be a minimum of three percent (3%) crown in the driving surface for water runoff.

7.11.5

Drainage; Curb and Gutter.

7.11.5.1

Culverts.

Culverts, if used, shall be sized to accommodate a one hundred (100) year storm. Culverts shall also be of sufficient size, gauge, and length, and placed appropriately deep to withstand projected traffic loading and storm runoff.

7.11.5.2

Curb and Gutter.

Curb and gutter shall be required where deemed necessary for drainage control or protection of pedestrians.

7.11.6

Intersections and roundabouts.

This section applies to all new roads and those roads which are part of nonresidential development, multifamily and subdivisions and where the Administrator, in consultation with the Fire Marshal and Public Works Department determines that application of this section is necessary.

7.11.6.1

Roads shall be laid out to intersect each other as nearly as possible at ninety (90) degree right angles; under no condition shall intersection angles be less than seventy (70) degrees.

7.11.6.2

Offset intersections less than two hundred (200) feet apart shall not be permitted.

7.11.6.3

Property lines at road intersections shall be rounded with a minimum radius of twenty-eight (28) feet or a greater radius when necessary to permit the construction of a curb and sidewalk or when otherwise needed.

7.11.6.4

A tangent of sufficient distance shall be introduced between reverse curves on all roads according to AASHTO standards.

7.11.6.5

When connecting road centerlines deflect from each other at any point by more than ten degrees, they shall be connected by a curve with a sufficient radius adequate to ensure adequate sight distance according AASHTO standards.

7.11.6.6

Grades at the approach of intersections shall not exceed five percent (5%) for one hundred (100) linear feet prior to the radius return of the intersection, excluding vertical curve distance.

7.11.6.7

Curvature in intersection design alignments shall not be less than stopping distances required for the design speed of the road as per AASHTO Standards. The geometry of intersections shall be consistent with the design speed of the road and AASHTO Standards.

7.11.6.8

Road jogs with centerline offsets of less than two hundred (200) feet shall be prohibited.

7.11.6.9

A capacity analysis of any proposed roundabout shall be conducted in accordance with Highway Capacity Manual methods. The analysis shall include consideration for the largest motorized vehicle likely to use the intersection.

7.11.6.10

Roundabouts shall be designed in conformance with the guidelines set forth in the Federal Highway Administration (FHWA) publication “Roundabouts: An Informational Guide.” (Second Edition Report 672, National Cooperative Highway Research Program, 2010), as amended.

7.11.7

Corner setbacks.

A corner setback consists of the area formed by the legs of a triangle whose apex is the point of intersection of the back of curb or driving surface of the adjacent roads, as shown in Figure 7.4. Table 7-14 establishes the minimum required corner setbacks. The Administrator may reduce the corner setbacks for driveways in TC, RC, MU, PD Districts or where existing lot boundaries or existing legal structures do not allow this setback, providing that adequate sight distance is maintained.

Figure 7.4: Safe Sight Triangle

Table 7-14: Minimum Corner Setbacks for Safe Sight Triangle
Intersection Type (x)	Intersection Type (y)
Intersection Type (x)	Road	Driveway
Road	40 feet	15 feet
Driveway	15 feet	n/a

7.11.7.1

No structure or planting (at mature growth) that exceeds three feet in height shall be permitted within a corner setback, except for utility poles, lighting standards, mail boxes, county or state traffic signs, and trees so long as the lower canopy of the tree permits a clear line of sight between three and seven feet above the road grade as shown in Figure 7.5.

Figure 7.5: Structures and Plantings within Corner Setback

7.11.8

Cul-de-sacs (dead-end roads).

7.11.8.1

Cul-de-sacs (dead-end roads) shall not serve more than thirty (30) lots or thirty (30) dwelling units.

7.11.8.2

At the closed end there shall be a turnaround having a minimum driving surface radius of at least forty-two (42) feet for roads under 250 feet long and at least fifty (50) feet for roads 250 feet and longer. The Administrator, in consultation with the Fire Marshal, may approve a suitable alternative such as a hammerhead or turnaround.

7.11.8.3

All turnaround areas shall be designed to protect existing vegetation and steep terrain.

7.11.9

Utilities.

All utilities shall be located within prescribed utility easement or right-of-way.

7.11.10

Road and Highway Signage and Striping.

7.11.10.1

All signs, striping, signals and other traffic safety devices shall be installed and maintained according to MUTCD standards.

7.11.10.2

Upon acceptance of a road by the County, road and highway name signs shall be installed at all intersections.

7.11.11

Road Access.

7.11.11.1

Generally.

Legal road access shall be provided to each lot. Proof of legal access shall be provided with any application.

Each lot shall directly access a road constructed to meet the requirements of this Section or access a public road.

Except as provided below in Section 7.11.11.4, all new lots created, shall be provided with adequate access for ingress, egress, utility service, fire protection and emergency services whether by constructing on-site and off-site roads meeting the standards of this Section or by direct access to a public road.

When a tract to be developed borders an existing road having a right-of-way insufficient to conform to the minimum standards required by these regulations, which right-of-way will be used by the proposed development, sufficient right-of-way shall be platted, and dedicated or reserved in such a way as would make the resulting right-of-way or road conform with the requirements of this Section.

7.11.11.2

Access to Highways and Arterial Roads.

All driveways and roads into developments shall be designed to have the minimum number of intersections with roads, arterials or highways specified in Section 7.11.12.3 below.

Where a development accesses a State or federal highway, an access permit is required from NMDOT or the Federal Highway Administration.

7.11.11.3

Access to Subdivisions, Nonresidential Development and Multifamily Development.

Where a subdivision is divided into large tracts and/or phased development is planned to occur, then a coordinated road system shall be designed with reference to all tracts and/or phases.

Major subdivisions where a total of thirty-one (31) lots or more access a road, those with 31 or more dwellings or nonresidential development units accessing a road, or those nonresidential developments consisting of 25,000 square feet or more, shall provide access to an existing County road, highway, state highway or federal highway and shall provide a minimum of two (2) access points to that public road. Existing lots, dwellings or nonresidential development units will be counted in addition to the units of the subdivision, multifamily or nonresidential development units. Such development shall also provide for connections to roads and highways identified on the Official Map, as applicable.

A major subdivision, nonresidential development exceeding 10,000 square feet and multifamily development shall provide all-weather access during a 100-year storm event to all lots or development sites.

7.11.11.4

Standards for Land Divisions and Subdivisions Exemptions.

Divisions of land for grazing or farming as identified in Section 5.4.3.8. are exempt from on-site and off-site road requirements.

Divisions of land that create no parcel smaller than one hundred forty (140) acres as identified in Section 5.4.3.11 are exempt from on-site and off-site road requirements, except when more than one (1) such parcel is created in an area of land, the Administrator may require on- and off-site road improvements.

Other land divisions and subdivisions exemptions may reduce the road width and easement width for off-site and on-site roads to no less than 18 feet and road grade to twelve percent (12%) if adequate drainage control is provided and may allow the surface to be hardpacked dirt with compaction of 95% of the maximum density.

In areas where the standards in Subsection 3 above cannot be met due to existing easement width, existing terrain, location of existing legal structures or where the impact of the proposed development to existing road infrastructure will be minimal (de-minimus) and compliance with the standards is significant in comparison to the scope of the proposed development, the Administrator may decrease these road standards, with approval from the Fire Marshal and subject to the requirements of the Fire Code and additional fire protection measures, up to an additional twenty percent (20%) from the standards in Subsection 3 above, providing, however, that no additional minor deviation under Section 4.9.7.6. shall be allowed.

Required off-site and on-site road improvements shall be constructed prior to plat recordation, in lieu of this, a letter of credit meeting the requirements of Section 7.22 may be accepted.

Plats creating a sending area for TDR purposed shall be exempt from on-site and off-site road improvements.

7.11.11.5

Standards for Residential Development.

Residential development may increase the road grade to 12% and reduce the road easement and road width for off-site and on-site roads to no less than 18 feet if adequate drainage control is provided and may allow the surface to be hardpacked dirt with compaction of 95% of the maximum density.

In areas where the standards in Subsection 1 above cannot be met due to existing easement width, existing terrain, location of existing legal structures or where the impact of the proposed development to existing road infrastructure will be minimal (de-minimus) and compliance with the standards is significant in comparison to the scope of the proposed development, the Administrator may decrease these road standards, with approval from the Fire Marshal and subject to the requirements of the Fire Code, up to an additional twenty percent (20%) from the standards in Subsection 1 above, providing, however, that no additional minor deviation under Section 4.9.7.6. shall be allowed.

The Administrator may further decrease these road standards upon a showing by the applicant that the standards of Subsection 2 above cannot be met, and if the Fire Marshal concludes that further reductions in the road standards are allowed under the fire Code, based upon road width, compaction of road surface, grade of road, curvature of road, fire protection water supply availability, wildland-urban interface hazard area, and other factors. Road width shall not be less that twelve (12) feet in width and road grade shall not exceed eighteen percent (18%).

In instances where the Administrator further decreases the road standards in accordance with subsections 2 and 3 above, the Administrator may impose such terms and conditions which are requested by the Fire marshal, including but not limited to the installation of additional and/or alternative means of fire protection, in accordance with the Santa Fe County Fire Code.

Roads accessing existing residential uses that were approved and constructed prior to January 15, 2016, shall be allowed to continue to be used for primary access, however, access to any new dwelling unit shall meet the requirements of subsections 7.11.11.5.1, 7.11.11.5.2 or 7.11.11.5.3 above.

7.11.12

Driveways.

Access to individual lots and parking areas shall be designed in accordance with the requirements of this Section.

7.11.12.1

Driveway Standards.

Driveways shall not be located within the functional area of an intersection or located in such a manner as to interfere with the entry into or exit from an adjacent driveway.

All driveways shall conform to all minimum sight distances specified per AASHTO. For driveways accessing roads with a posted speed limit of fifteen (15) mph or less, the sight distance shall be a minimum of 80 foot [feet].

The entrance of a driveway to a road shall not impede the flow of stormwater along the road or highway. Installation of culverts may be required to ensure compliance with this Section. If installed, a culvert shall be at least eighteen (18) inches diameter. In addition, end sections and/or riprap may be required at driveways along steeper terrain.

The entrance to a driveway shall be a minimum of 100 foot [feet] from the return radius of an intersection. In TC, RC, MU, PD Districts or where existing lot boundaries or existing legal structures do not allow this separation, the Administrator may reduce this distance.

7.11.12.2

Additional Standards for Residential Driveways.

Residential driveways shall serve no more than two (2) lots.

Lots within new residential subdivisions shall be limited to a single access point or driveway.

Access to a lot shall be from a local or collector road, except where the only possible access is from an arterial road or highway.

A twenty-five (25) foot asphalt apron shall be required on a driveway that accesses an arterial or highway. A twelve (12) foot asphalt or concrete apron shall be required on a driveway that accesses a paved collector, subcollector or local road.

In areas where the standards in Tables 7-12 and 7-13 cannot be met due to existing easement width, existing terrain, location of existing legal structures or where the impact of the proposed development to existing road infrastructure will be minimal (de-minimus) and compliance with the standards is significant in comparison to the scope of the proposed development, the Administrator may decrease these driveway standards, with approval from the Fire Marshal and subject to the requirements of the Fire Code, up to an additional twenty percent (20%) from the standards in Tables 7-12 and 7-13, providing, however, that no additional minor deviation under Section 4.9.7.6. shall be allowed.

The Administrator may further decrease the driveway standards upon a showing by the applicant that the standards of Section 7.11.12.2.5 above cannot be met, and if the Fire Marshal concludes that further reductions in the driveway standards are allowed under the fire Code, based upon driveway width, compaction of driveway surface, grade of driveway, curvature of driveway, fire protection water supply availability, wildland-urban interface hazard area, and other factors. Driveway width shall not be less that ten (10) feet in width and driveway grade shall not exceed eighteen percent (18%).

In instances where the Administrator further decreases the driveway standards in accordance with subsections 5 and 6 above, the Administrator may impose such terms and conditions which are requested by the Fire marshal, including but not limited to the installation of additional and/or alternative means of fire protection, in accordance with the Santa Fe County Fire Code.

Existing residential driveways that were approved and constructed prior to January 15, 2016, shall be allowed to continue to be used for primary access however access to any new dwelling unit shall meet the requirements of Table 7-12, Table 7-13, Section 7.11.12.2.5 or 7.11.12.2.6.

7.11.12.3

Additional Standards for Nonresidential, Multifamily and Mixed-Use Driveways.

Driveways shall be aligned with opposing driveway approaches where practicable.

No driveway may be located closer than 50 feet from the transition point of a turning lane/deceleration lane.

Driveway spacing is subject to the requirements of Table 7-15.

Table 7-15: Separation of driveways for Nonresidential, Multifamily and Mixed-Use Parcels
Posted Speed (m.p.h.)	Minimum Distance (feet)
25-30	200
30-35	270
35-40	315
40-45	375
45+ *	400+

* For driveway spacing at speeds greater than 45 miles per hour consult Table 6, Speed Change - Lane Length Requirements for Driveway Spacing; NMDOT, Regulations for Driveways and Median Openings on Non-Access Controlled Highways.

Acceleration/deceleration lanes shall be provided as warranted.

Driveway profiles, design elements, corner clearance, and performance standards for acceleration or deceleration lanes shall conform to the NMDOT’s Regulations for Driveways, and Median Openings on Non-Access Controlled Highways.

Driveway design and placement shall coordinate with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal weekday peak traffic period as determined by a New Mexico Professional Engineer or other qualified professional.

A 50-foot asphalt or concrete apron shall be required on driveways accessing a paved road. The Administrator may reduce this requirement and only require paving to the end of a 30-foot return radius or the edge of the right-of-way.

Driveway access to nonresidential, multifamily and mixed-use developments shall meet local road standards at a minimum. Nonresidential development where structures total up to 10,000 square feet in size, may reduce the road easement width for off-site and on-site driveways to no less than 20 feet if adequate drainage control is provided and may allow the surface to be hardpacked dirt with compaction of 95% of the maximum density.

7.11.13

On-road Parking.

On-road parking shall be a minimum of seven (7) feet in width. A parking lane of at least seven (7) feet may be provided on a local road or sub-collector.

7.11.13.1

A minimum of 1.5-foot-wide operational offset shall be provided between the face of the curb and the edge of potential obstructions such as trees and poles. This allows for the unobstructed opening of car doors.

7.11.13.2

Parking shall be prohibited within 10 feet of either side of fire hydrants or as per fire code, whichever is more restrictive, at least 20 feet from nearside of mid-block crosswalks without curb extensions, and at least 20 feet from the curb return of intersections (30 feet from signalized intersections).

7.11.14

Roads and Driveways in Steep Terrain.

7.11.14.1

Where a road, highway or driveway are located on a natural slope of fifteen percent (15%) or greater, or where cut or fill slopes would exceed six (6) vertical feet, the developer shall propose alternative terrain management techniques to limit excessive grading and removal of vegetation. Such alternatives may include, but are not limited to, split road beds, steeper cuts and fills where soils are stable enough to sustain higher cut and fill ratios, terracing with reverse grades for revegetation with trees and shrubs, or rock plating or retaining walls.

7.11.14.2

Notwithstanding the provisions of Section 7.11.6.1, roads and highways located on a natural slope of fifteen percent or greater shall intersect at a minimum angle of sixty (60) degrees. Notwithstanding the provisions of Section 7.11.6.6, horizontal and vertical curvature shall not exceed ten (10) percent.

7.11.14.3

Temporary roads or driveways shall not be permitted.

7.11.14.4

Where a road, highway or driveway is located on a natural slope of fifteen percent (15%) or greater, the Administrator, with approval from the Fire Marshal and subject to the requirements of the Fire Code, may approve road and driveway grades of up to 15% where a lesser grade would require cut or fill slopes in excess of six (6) vertical feet.

7.11.15

Sidewalks.

7.11.15.1

Sidewalks are required where required by Tables 7-12 and 7-13, and as indicated in the Official Map.

7.11.15.2

The minimum sidewalk or walking path width shall be five feet.

7.11.15.3

Sidewalks or walking paths shall be constructed of four inch (4") thick concrete or other hard surface materials such as permeable materials, brick, asphalt, or unit-pavers.

7.11.15.4

Sidewalks or walking paths shall not be located on the roadway surface or in a storm drainage.

7.11.16

Bike Lanes.

Bike lanes shall be required along all roadways as required by Tables 7-12 and 7-13, and as indicated on the Official Map. Bike lanes shall be designed as set forth Table 7-16.

Table 7-16: Bike Lane Design Criteria
	On-road bike lanes
Overhead clearance (min. feet)	7.5
Right-of-way width (min.)	within road right-of-way
Lane width (minimum, feet)	5
Lane width with on-road parking, combined bike lane and parking stall (minimum, feet)	14

7.11.17

Maintenance and Dedication of Subdivision Roads.

7.11.17.1

Any road not accepted for maintenance by the County shall be maintained by the developer or a homeowners’ association (HOA) in accordance with Section 7.23.

7.11.17.2

The County will not accept a road for maintenance via dedication unless the requirements of Section 7.23 are met.

(Ordinance 2017-7 adopted 11/28/17)

§ 7.12 UTILITIES.

7.12.1

Undergrounding.

Installation of new and replacement utilities, including but not limited to natural gas lines, electric utility lines, water lines, telephone and television cables, and communications cables, shall meet the following standards:

7.12.1.1

Electric utility lines that transmit electricity at a voltage less than 46 kilovolts shall be placed underground. Electric utility lines that transmit electricity at a voltage equal to or greater than 46 kilovolts may be placed above ground unless public health and safety requires such lines to be placed underground.

7.12.1.2

Notwithstanding the previous paragraph, electric utility lines that transmit electricity at a voltage less than 46 kilovolts may be placed above ground to serve infill development in areas already served by an above-ground electric utility line.

7.12.1.3

Above-ground electric utility lines that transmit electricity at a voltage greater than or equal to 46 kilovolts shall be designed and constructed at the minimum height necessary for the proposed structure to function properly and for public health, safety and welfare, as demonstrated by the applicant. Above-ground electric utility lines that transmit electricity at a voltage less than 46 kilovolts shall not exceed forty feet in height.

7.12.1.4

All utility installations shall meet the design standards for grading and removal of vegetation and revegetation in Section 7.6.

7.12.1.5

Shared or joint utility trenching and installation shall be required to the extent practicable.

7.12.1.6

Areas for the location of multiple utilities within road rights-of-way or easements shall be reserved.

7.12.2

All utilities shall be placed within designated utility easements.

7.12.3

All easements shall be maintained by the property owner(s).

7.12.4

Utilities serving agricultural operations are exempt from the provisions of this section.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.13 WATER SUPPLY, WASTEWATER AND WATER CONSERVATION.

7.13.1

Water Supply and Distribution.

The water supply and distribution system required of any development is dependent upon the nature of the development, the Sustainable Development Area (SDA) in which the development is located, and the proximity of the development to public water and wastewater infrastructure.

7.13.2

General Requirements.

7.13.2.1

Water and wastewater systems required.

Each development shall provide water and wastewater systems within the development as required by this Section.

7.13.2.2

Construction standards.

Water and wastewater systems shall comply with all applicable construction and operational standards of the SLDC and applicable federal and State law.

Water and wastewater infrastructure that will become a part of the County’s water and wastewater utility, either upon completion of the development or when service becomes available, shall be constructed to the current standards established by the County’s water and wastewater utility construction specifications. Each such facility shall be constructed so as to permit connection to the County utility when such a connection becomes feasible.

Water and wastewater infrastructure that will become part of the water and wastewater system of another entity shall be constructed to meet the standards established by that entity.

7.13.2.3

Readiness.

Each applicant for a development order shall establish in writing that a proposed service provider (County utility, mutual domestic water association, water and sanitation district, municipal water or wastewater utility, water or wastewater cooperative) is ready, willing, and able to provide service. The applicant shall provide such additional details concerning the proposed service provider and its readiness to provide service as the Administrator may deem appropriate.

7.13.2.4

Required connection to the County, or a public water and wastewater system.

Persons desiring to develop property may be required to connect to the County’s water and wastewater utility for water and wastewater service as described in Section 7.13.3, or connect to a public or publicly-regulated water and wastewater system as described in Section 7.13.4, or to self-supply water and wastewater service as described in Section 7.13.5. In addition, provision of water and wastewater services by the County utility or public water and wastewater systems is required as a condition of certain zoning districts.

Table 7-17.1: When Connection Required to County Utility Water[1]
Development Type	Property Location
Development Type	SDA-1	SDA-2	SDA-3
New Residential Dwelling that Would Otherwise be Supplied Water for Domestic Purposes from a New Domestic well	if within 200 feet	if within service area and within 200 feet	if within service area and within 200 feet
Residential Land Division that Would Otherwise be Supplied Water for Domestic Purposes from a New Domestic well	if within 290 feet	if within service area and within 290 feet	if within service area and within 290 feet
Multifamily (5+ units) Residential Development that Would Otherwise be Supplied Water for Domestic Purposes from a New Domestic well	if within 290 feet	if within service area and within 290 feet	if within service area and within 290 feet
Minor Subdivision	Yes	if within service area	if within service area and within 2,640 feet
Major Subdivision	Yes	if within service area	if within service area
Nonresidential Use that Would Otherwise be Supplied Water for Domestic Purposes from a New Domestic well	if within 200 feet	if within service area and within 200 feet	if within service area and within 200 feet

Table 7-17.2: When Connection Required to County Utility Sewer[2]
Development Type	Wastewater Property Location
Development Type	SDA-1	SDA-2	SDA-3
New Residential Dwelling	if lot abuts the sewage connection system	if lot abuts the sewage connection system	if lot abuts the sewage connection system
Residential Land Division	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system
Multifamily (5+ units) Residential Development	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system
Minor Subdivision	Yes	if within service area	if within service area and within 2,640 feet
Major Subdivision	Yes	if within service area	if within service area
Nonresidential Use	if lot abuts the sewage connection system	if lot abuts the sewage connection system	if lot abuts the sewage connection system

[1]

For purposes of this section, all distances shall be measured between the nearest point of County infrastructure that is capable of providing service and the property line of the property to be developed, not from any structure located or to be located on the property.

[2]

7.13.3

Required Connection to County Water and Wastewater.

7.13.3.1

Connection to the County’s water and wastewater utility is required if specified in Table 7-17.1 and 7-17.2.

7.13.3.2

If any part of a proposed development is within the distance where connection to a public or publicly-regulated private water or wastewater system is required, then the entire development shall make the connection to the utility when the utility becomes ready, willing and able to supply the development, even if development is phased.

7.13.3.3

All infrastructure required to connect a development to County water and wastewater shall be provided by the applicant and shall be dedicated to the County in accordance with the ordinances, resolutions and policies applicable to County utility service. The infrastructure shall be designed and constructed to specifications provided by the County’s water and wastewater utility, and shall be inspected by the County prior to acceptance.

7.13.3.4

If connection to County water and wastewater utility is not required in Table 7-17.1 or the County utility is unable to immediately provide service, but the property in question is located within SDA-1 or within the County utility service area at the time of application, then all necessary facilities to subsequently connect to County water and wastewater service shall be provided. When County water and/or wastewater service, or both, subsequently become available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order, relevant plat, or subdivision disclosure statement, and shall be made a part of the voluntary development agreement.

7.13.3.5

Concerning the requirements of the previous paragraph, when connection to the County water and wastewater utility subsequently becomes feasible in the written opinion of the Administrator, the development shall immediately make the connection and be served by the County. The infrastructure, interior to and exterior to the development, shall be transferred to the County upon assumption by the County of water and/or wastewater service.

7.13.3.6

Where the County water and wastewater utility provides written confirmation to the Administrator that water, wastewater service, or both, will not be available to a development within five (5) years, the requirements of subparagraphs 1, 2, and 3, above, shall not apply.

7.13.3.7

The development order, plats, disclosure statement, and private covenants, as applicable, shall clearly specify that the drilling or use of individual and/or shared wells for domestic use is strictly prohibited on property supplied by the County water utility.

7.13.4

Required connection to public water and wastewater systems other than the County.

7.13.4.1

Unless the provisions of Section 7.13.3 apply, connection to public water and wastewater systems or publicly-regulated private systems shall be required if specified in Tables 7-18.1 and 7-18.2.

7.13.4.2

Water and wastewater systems to which this Section applies are (a) a mutual domestic water association, (b) a water and sanitation district, (c) a municipal water or wastewater utility, (d) a water or wastewater system, public or private, that is regulated by the Public Regulation Commission, or (e) a cooperative.

7.13.4.3

If connection to a public or publicly-regulated water or wastewater system is not required in Table 7-18, or the public or publicly-regulated water or wastewater system is unable to immediately provide service, but the property is located within SDA-1 or is within the service area of a public or publicly-regulated water or wastewater system, necessary facilities to connect to the public or publicly-regulated water and wastewater system shall be provided. When a public or publicly-regulated water and wastewater system becomes available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order, relevant plat, or subdivision disclosure statement, and shall be made a part of the voluntary development agreement.[3]

[3]

The development agreement may provide that such interconnection be provided later so long as adequate security is also provided.

7.13.4.4

Where a public or publicly-regulated water or wastewater system provides written confirmation to the Administrator that water, wastewater service, or both, is not presently available or will not be available within five (5) years, the requirements of subparagraphs 1, 2 and 3, above, shall not apply.

7.13.4.5

If any part of a development is within the distance where connection to a public or publicly-regulated private water or wastewater system is required, then the entire development shall make the connection to the utility when the utility becomes ready, willing and able to supply the development, even if development is phased.

7.13.4.6

The development order, plats, disclosure statement and private covenants, as applicable, shall clearly specify that the drilling or use of individual and/or shared wells for domestic use is strictly prohibited on property supplied by a public or publicly-regulated water utility.

Table 7-18.1: When Connection Required to Public Water or Publicly-Regulated Water[4]
Development Type	Property Location
Development Type	SDA-1	SDA-2	SDA-3
Minor Subdivision	Yes	if within service area	If within service area and within 2,640 feet
Major Subdivision	Yes	if within service area	if within service area

Table 7-18.2: When Connection Required to Public Sewer or Publicly-Regulated Sewer[5]
Development Type	Wastewater Property Location
Development Type	SDA-1	SDA-2	SDA-3
New Residential Dwelling	if lot abuts the sewage connection system	if lot abuts the sewage connection system	if lot abuts the sewage connection system
Residential Land Division	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system
Multi-family (5+ units) Residential Development	if any lot within the division abuts the sewage connection system	if any lot within the division abuts the sewage connection system	if within service area and if any lot within the division abuts the sewage connection system
Minor Subdivision	Yes	if within service area	if within service area and within 2,640 feet
Major Subdivision	Yes	if within service area	if within service area
Non-Residential Use	if lot abuts the sewage connection system	if lot abuts the sewage connection system	if lot abuts the sewage connection system

[4]

For purposes of this section, all distances shall be measured from the property line of the property to be developed and not from any structure located or to be located on the property.

[5]

For purposes of this section, all distances shall be measured from the property line of the property to be developed and not from any structure located or to be located on the property.

7.13.5

Self-supplied water and wastewater systems.

7.13.5.1

Unless the provisions of Sections 7.13.3 or 7.13.4 apply, water and wastewater systems shall be self-supplied by the applicant.

7.13.5.2

Self-supplied water and wastewater systems are subject to all the requirements in Sections 7.13.6 and 7.13.7 below.

7.13.5.3

If water and wastewater service is to be self-supplied, all the costs of providing water and wastewater infrastructure and water and wastewater service shall be borne by the applicant, although the applicant may make appropriate arrangements to delegate the operational expenses of water and wastewater to a homeowners’ association or appropriate entity. Infrastructure associated with a self-supplied system shall be private infrastructure and the County shall have no responsibility therefor; similarly, the obligation to operate and maintain a self-supplied system and the obligation to serve residents shall remain a private obligation and the County shall have no responsibility therefor.

7.13.5.4

If connection to the County, a public or publicly-regulated water or wastewater system is not required in Tables 7-17.1, 7-17.2, 7-18.1 or 7-18.2 but the property is located within SDA-1 or is within the service area of the County, public or publicly-regulated water or wastewater system, then all necessary facilities to subsequently connect to County, public or publicly-regulated water and wastewater, shall be provided. When County, public or publicly-regulated water and wastewater becomes available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order and relevant plat, and shall be made a part of the voluntary development agreement.[6] If the County, public or publicly regulated water or wastewater system provides written confirmation to the Administrator that water or wastewater service will not be available for a period of five (5) years, then the requirements of the foregoing shall not apply.

[6]

The development agreement may provide that such interconnection be provided later so long as adequate security is also provided.

7.13.6

Water Supply Requirements.

7.13.6.1

Quantity and Quality in General.

Each development shall be required to provide water in adequate quantity and quality to meet the needs of a proposed development for ninety-nine (99) years. Regardless of the source of water supply, for planning purposes, the minimum required water supply assumed to be required for development of any type shall be 0.25 acre-feet per residential dwelling per annum notwithstanding that the owner or developer claims that less water is to be used. The Administrator may reduce this planning assumption to the actual amount of water expected to be used given the type of construction and use contemplated upon a showing from the applicant that a lesser planning figure is reasonable. Annual water use limitations are established in Section 7.13.11 (“Water Conservation”) of the SLDC, and shall also apply.

7.13.6.2

Water Service Availability Report.

The Water Service Availability Report (WSAR) required by Chapter 6 shall provide details on the source of water, including whether the source of water will be the County, public or publicly-regulated water system, and shall discuss in detail any required water supply infrastructure to be provided (its cost, details of the design and construction, construction schedule, financing of design, construction cost, and operational cost including capital replacement), and shall discuss in detail whether the proposed system is capable of meeting the water requirements of the development as required by the SLDC.

Table 7-19: Community Water and Wastewater System Requirement for Subdivisions
No. of Lots	Minimum Lot Size (acres)
No. of Lots	Less than 1	1–2.49	2.5–9.99	10–39.99	40+
2–4	no	no	no	no	no
5–24	yes	yes	no	no	no
25–49	yes	yes	yes	no	no
50+	yes	yes	yes	yes	yes

7.13.7

Self-Supplied Water Systems.

7.13.7.1

Community Water Systems.

A subdivision shall be required to create a community water system or connect to an existing community water system if specified in Tables 7-17.1, Table 7-18.1 and 7-19. Multifamily development shall be required to create a community water system.

A community water system shall meet or exceed all applicable design standards of the New Mexico Environment Department, the Construction Industries Division of the Regulation and Licensing Department, the Office of the State Engineer, and Santa Fe County Utility.

Water wells supplying a community water system shall be capable of providing the water needs of the development for at least 99 years, or the owner of the system shall have in place a reasonable and funded capital replacement program through which the construction of necessary replacement wells and other infrastructure can be assured in order to timely meet projected demand. A community water system shall be designed to provide a reasonably anticipated peak rate of production. An applicant proposing or required to use a community water system whose source of water is, in whole or in part, groundwater, shall submit a hydrologic report that conforms to the requirements of this SLDC for approval by the County. As an alternative, a reconnaissance report may be substituted for a hydrologic report as permitted by Section 7.13.7.4.1 [Section 7.13.8.11].

A community water system shall provide adequate water for fire protection consistent with the requirements of the New Mexico Fire Code and the Santa Fe County Fire Code.

A community water system shall possess a valid water permit, vested right, adjudicated right, or license issued and verified by OSE or produce proof of a valid service commitment from a water provider to meet the maximum annual water requirements of the proposed development. Pursuant to NMSA 1978, § 3-20-9.1, if irrigation water rights that are appurtenant to the land to be subdivided have been severed, a community water/mutual domestic system shall acquire sufficient water rights through a permit issued pursuant to NMSA 1978, § 72-5-1, §72-5-23, §72-5-24, § 72-12-3, or § 72-12-7 for subdivision water use. An application failing to provide proof of the permitted water rights and proof of a service commitment if required as described in this paragraph shall not be deemed complete.

All distribution mains within a community water system shall be a minimum of eight (8) inches in diameter and shall be pressure tested in accordance with the latest versions of the New Mexico Standard Specifications for Public Works Construction, Section 801.16, the Santa Fe County Utility Water standards, and American Water and Wastewater Association standards.

A community water system shall be capable of supplying the volume of water required for the development and shall be designed to provide a peak rate of production reasonably anticipated.

All applicable requirements of the Public Utility Act, Articles 1 through 6 and 8 through 13 of Chapter 62, NMSA 1978, shall be met, as applicable.

10.

A community water system shall be designed by a New Mexico registered professional engineer. Any expansion of an existing community water system to supply new development shall likewise be designed by a New Mexico registered professional engineer.

11.

Easements, including construction easements, shall be provided.

12.

The community water system shall demonstrate compliance with all applicable state and federal law. The community water system shall provide proof that the system is operated by a qualified and certified operator and include compliance documents required by NMED, PRC, and the OSE.

13.

Financial security shall be deposited to secure the construction of a new or expanded community water system.

14.

An applicant proposing or required to use a community water system whose source of water is, in whole or in part, groundwater, shall submit a hydrologic report that conforms to the requirements of this SLDC, to be approved by the County.

15.

As an alternative to the previous paragraph, a reconnaissance report may be substituted for a hydrologic report as permitted by Section 7.13.7.4(1) [Section 7.13.8.11(1)] of the SLDC.

16.

A community water system within a Traditional Community District zoning district shall minimize the use of local water resources.

7.13.7.2

Shared Wells Systems and Individual Wells.

A development that is not required to, and does not voluntarily choose to, connect to the County water utility pursuant to Table 7-17.1, or to a public or publicly-regulated water system pursuant to Table 7-18.1, or to a community water system pursuant to Table 7-19, may self-supply water from any reasonable source, including surface water or groundwater from a shared well system or individual well.

A shared well system or an individual well shall provide all water needed for domestic use and fire protection.

A shared well system or an individual well shall meet or exceed all applicable design and operational standards of the New Mexico Environment Department, the Construction Industries Division of the Regulation and Licensing Department and the Office of the State Engineer.

A shared well system or an individual well shall be capable of providing the water requirements of the proposed development for up to 99 years respectively.

A shared well system or an individual well, together with its associated equipment and infrastructure, shall provide adequate water for fire protection, including storage, consistent with the requirements of the Fire and Building Codes specified in Section 7.2.

Water storage to address requirements of the Fire and Building Codes specified in Section 7.2, or to maintain deliveries during periodic drought, shall be provided.

A shared well system or an individual well shall possess a valid water permit, vested right, adjudicated right or license issued and verified by the Office of the State Engineer with sufficient capacity or water rights to meet the maximum annual water requirements of the proposed development. Pursuant to NMSA 1978, § 3-20-9.1 if irrigation water rights that are appurtenant to the land on which the subdivision is to be located have been severed, the developer must fulfill the requirements of Paragraph (1) of Subsection F of NMSA 1978, § 47-6-11 and acquire sufficient water rights through a permit issued pursuant to NMSA 1978, § 72-5-1, § 72-5-23, § 72-5-24, § 72-12-3, or § 72-12-7 for subdivision water use. In all other cases, a shared well system shall own water rights permitted by the Office of the State Engineer; the water rights shall have an appropriate place and purpose of use, and the quantity permitted and any conditions imposed on the permit shall be sufficient to meet the maximum annual water requirements of the proposed development. An application failing to provide proof of the permitted water rights and proof of a service commitment if required as described in this paragraph shall not be deemed complete.

A shared well system or an individual well shall be capable of supplying the volume of water required for the development and shall be designed to provide a peak rate of production reasonably anticipated.

Easements, including construction easements, shall be provided.

10.

Financial security shall be deposited to secure the construction of an individual well or a shared well system.

11.

The development order, plats, disclosure statement and private covenants, as applicable, on a development where a shared well system is used, shall clearly specify that the drilling or use of other wells within the area to be served by an individual well or shared well system is strictly prohibited, except for agricultural wells or wells to supply the County water system or a public water system.

12.

An applicant proposing or required to use a shared well system or an individual well shall perform a hydrologic report that conforms to the requirements of this SLDC, or, as specified in the following paragraph, a reconnaissance report. An applicant proposing to (i) develop a single-family residential dwelling or accessory dwelling unit on a lot existing prior to the effective date of the SLDC using a single statutory domestic well as the water supply, (ii) develop a single nonresidential use that has a water budget of 0.25 acre-foot per year or less, (iii) divide land through a land division or exempt subdivision, or (iv) create a minor subdivision or [of] no more than five (5) lots, shall not be required to provide a hydrologic report or a reconnaissance report, but shall be required to provide a copy of the statutory domestic well permit issued by the Office of the State Engineer.

13.

As an alternative to a hydrologic report, a reconnaissance report may be substituted for a hydrologic report as permitted by Section 7.13.7.4(1) [Section 7.13.8.11(1)] of the SLDC.

14.

A shared well system shall provide the appropriate joint ownership agreement, which shall provide for a fair and reasonable apportionment of the costs or operation and capital replacements.

7.13.8

Standards for hydrologic reports.

7.13.8.1

A hydrologic report,[7] if required, shall demonstrate that groundwater sufficient to meet the maximum annual water requirements of the development is physically available and can be practically recovered to sustain the development for a continuous period of 99 years as the case may be.[8] The contents of the report shall be consistent with well-established engineering and geological practice, and shall be certified by those professionals contributing to the study and conclusions.

[7]

A hydrologic report may be provided as a part of required study, report or assessment as described in Chapter 6, or separately.

[8]

See footnote 7 [6].

7.13.8.2

The hydrologic report shall take into account the production from existing wells in making conclusions about the ability of a particular well or wells to provide adequate water for the development for 99 years as the case may be. (See footnote 7 [6].)

7.13.8.3

The hydrologic report shall be predicated upon actual testing results from wells within the proposed development. Test requirements for wells are set forth in Table 7-20. If no well is present at the proposed development, an exploratory well shall be drilled. If more than one well will be used to provide water to the proposed development, the Administrator shall determine the number of test wells and their locations to adequately characterize the aquifer in accordance with the requirements listed herein.

Table 7-20: Well Test Requirements
	Pumping Hours	Recovery Days	Additional Tests for Large Areas
INDIVIDUAL WELLS (nonresidential use up to 1 acre foot per year and subdivisions of 5 or fewer lots)
Miscellaneous locations	48	5	one per 40 acres
Part of Santa Fe Formation	36	5	one per 160 acres
Cretaceous	24	5	one per 40 acres
INDIVIDUAL WELLS (nonresidential use over 1 acre foot per year and subdivisions of more than 5 lots)
Miscellaneous locations	72	5	one per 40 acres
Part of Santa Fe Formation	48	5	one per 160 acres
Cretaceous	72	5	one per 40 acres
COMMUNITY WELLS
All Areas	96	10	one per 40 acres

7.13.8.4

Hydrologic reports shall provide detailed data and information concerning each pumping test as set forth in Table 7-20.

7.13.8.5

The hydrologic report may rely upon previously developed geo-hydrologic reports with appropriate pumping test on wells within one (1) mile in lieu of drilling a new well or wells so long as the geo-hydrologic report that is relied upon adequately characterizes the aquifer beneath the proposed development as specified herein and establishes that the hydrogeologic conditions are comparable. Notwithstanding the foregoing, no more than one (1) test well per up to ten (10) dwelling units shall be required where cluster or shared wells are to be used, provided that the entire development is served by the same geologic formation.

7.13.8.6

The hydrologic report shall provide a schedule of effects over the applicable time period from each proposed well; the schedule of effects shall include effects on the aquifer from existing wells and shall consider the effects of drought. The hydrologic report shall analyze the effect of pumping of existing wells. Predicted draw-down of each well shall be calculated in a conservative manner.

7.13.8.7

The hydrologic report shall calculate the lowest practical pumping water level in the proposed well or wells so long as there is no presumption made as to additional available water below the bottom of the proposed well or wells, and the total available drawdown shall be reduced by a factor of twenty percent (20%) as a margin of safety to account for seasonal fluctuations, drought, reduction of well efficiency over time, and peak production requirements. The lowest practical pumping water level may be established by any one of the following methods:

By using the results of acceptable on-site aquifer pump tests where the lowest allowable pumping level is the lowest water level reached during the test;

By setting the lowest practical pumping water level at the top of the uppermost screened interval;

In wells completed in fractured aquifers, by setting the lowest practical pumping water level above the top of the fracture zone; or

In wells completed in alluvial aquifers, by setting the lowest practical pumping water level at a point equal to seventy percent (70%) of the initial water column.

7.13.8.8

The hydrologic report shall present all pertinent information. All sources of information used in the report shall be identified; basic data collected during preparation of the report shall be provided if available.

7.13.8.9

The hydrologic report shall contain all of the following information, in the following order:

Geologic maps, cross-sections and descriptions of the aquifer systems proposed for production, including information concerning the hydrologic and hydrogeoligic boundaries, intake areas and locations of discharge of those aquifers;

Maps and cross-sections showing the depth-to-water, water-level contours, direction of groundwater movement and the estimated thickness of saturation in the aquifers; and

Probable yields of the proposed wells (in gallons per minute and acre-feet per year) and calculated length of time that the aquifer system will produce water in amounts sufficient to meet the demands under full occupation of the development for the appropriate 99 year time period, including any underlying pump test analyses, hydrologic boundaries, aquifer leakage and historic water level changes, logs and yields of existing wells, aquifer performance tests, and information concerning interference by the proposed wells with existing off-site wells and among the proposed on-site wells.

7.13.8.10

If a pumping test has been submitted to the OSE to support an application to change the place or purpose of use of water rights from agricultural to domestic or subdivision use and OSE accepts the pumping test, then the pumping test can be utilized for the purposes of this Section if it complies with Table 7-20.

7.13.8.11

Standards for reconnaissance reports.

A reconnaissance report[9] may be provided in lieu of a hydrologic report only if all of the following circumstances exist:

the hydrologic report has been completed on a well within one (1) mile of the proposed well or wells;

the hydrologic report indicates that the geology and well completion are comparable to the conditions existing at the site of the proposed well or well;

the total amount of water to be drawn by the development will not exceed three (3) acre-feet per annum; and

the previously submitted hydrologic report has been deemed valid and acceptable by the County.

[9]

A reconnaissance report may be provided as a part of a required study, report or assessment as described in Chapter 6, or separately.

A reconnaissance report shall contain the following information in the following order:

Detailed information on the geology at the site of the proposed well or wells from the previously performed hydrologic report, including data from a pump test;

A copy of the well log for the well upon which the previous geo-hydrologic report was based, a complete analysis of the data contained therein, and an explanation of how the findings from the previous hydrologic report pertains to the proposed development; and

A calculated ninety-nine (99) year schedule of effects from each proposed well; the schedule of effects shall include effects on the aquifer from existing wells and shall consider the effects of drought. The reconnaissance report shall analyze the effect of pumping of existing wells and the predicted draw-down of each well, calculated in a conservative manner.

7.13.9

Water Quality.

7.13.9.1

All water systems provided in connection with a development shall provide water of an acceptable quality for human consumption that meets or exceeds water quality standards established pursuant to the Safe Drinking Water Act, the New Mexico Water Quality Act, and regulations promulgated by the NMED and the Water Quality Control Commission.

7.13.9.2

Any “public water system” as defined in regulations of the New Mexico Environmental Improvement Board (20.7.10.7 NMAC) shall meet or exceed the requirements and standards of 20.7.10.1 NMAC et seq., and the Environmental Improvement Act, NMSA 1978, § 74-1-1 et seq. and the regulations of the New Mexico Environment Improvement Board.

7.13.9.3

Any “public water system” as defined in regulations of the New Mexico Environmental Improvement Board (20.7.10.7 NMAC) shall, as applicable, obtain written permission to commence or continue operations from the New Mexico Environment Department.

7.13.9.4

A written water quality test that confirms that the water system meets or exceeds the standards described in this Section shall be provided; if a reconnaissance report is provided in lieu of a hydrologic report, a test may be provided from a well within one (1) mile of the proposed well, but shall be confirmed with the test of the actual well following completion.

7.13.10

Self-Supplied Wastewater Systems.

As is the case with water supply and distribution systems, the type of wastewater system required of any development is dependent upon the nature of the development, the adopted Sustainable Development Area (SDA) in which the development is located, and the proximity of the development to the County’s wastewater utility. See Table 7-17 and proximity of the development to any public or publicly-regulated wastewater system; See Table 7-18.

7.13.10.1

Community Wastewater Systems.

A subdivision shall be required to create a community wastewater system or connect to an existing community wastewater system if specified in Tables 7-17.2, 7-18.2 and 7-19. Multifamily development shall be required to create a community wastewater system.

A community wastewater system shall meet or exceed all applicable design standards of the New Mexico Environment Department, the Construction Industries Division of the Regulation and Licensing Department and the Office of the State Engineer.

A community wastewater system shall be capable of treating the volume of wastewater produced by the development at full build-out and shall be designed to treat a peak rate of flow.

A community wastewater system shall be designed under the supervision of a New Mexico registered professional engineer. Any expansion of an existing community wastewater system to supply new development shall likewise be designed under the supervision of a New Mexico registered professional engineer.

Easements, including construction easements, shall be provided.

Management of a community wastewater system shall be accomplished by a competent, professional manager or management consultant. A qualified and certified operator shall be employed or contracted to operate the community wastewater system. The management structure of a community wastewater system shall be capable of ensuring that all required reporting is completed and submitted on a timely basis.

Financial guaranty shall be deposited pursuant to Section 7.22 herein to secure the construction of a new or expanded community wastewater system.

Regardless of whether the County’s wastewater system is utilized, all development shall include wastewater systems built to standards established by the County wastewater utility and may be designed and constructed so that they may be connected to the County utility when available.

A wastewater system shall meet all applicable requirements of the Public Utility Act, Chapter 62, NMSA 1978.

7.13.10.2

Where Alternative Wastewater System Allowed.

Any wastewater system provided pursuant to this Section shall meet the requirements and standards of 20.7.3 NMAC and 20.6.2 NMAC and shall comply with regulations promulgated by the New Mexico Environment Department.

Where a development is not required to connect to the County’s wastewater system or a public system pursuant to Tables 7-17 or 7-18, an alternative wastewater disposal system shall be used so long as the appropriate liquid waste permit is obtained from the New Mexico Environment Department and presented to the Administrator as a part of the application.

Any liquid wastewater treatment system that involves a surface discharge or land application of treated or untreated effluent, shall require presentation of the appropriate permit from the New Mexico Environment Department at the time of application.

7.13.11

Water Conservation.

7.13.11.1

General Requirements.

All plats and nonresidential development shall file signed water restrictions and covenants included in this Section with the plat or site development plan. All applications subject to water restrictions and conservation requirements shall file a declaration with the County Clerk memorializing the restrictions of this Section. These restrictions shall run with the land and any violations shall be enforceable by the County pursuant to Section 14.3.

Total water use shall not exceed that specified in the development order, plat note, or the SLDC.

Except for water harvested using rainwater catchment systems and gray water, the annual water use for domestic purposes for new residential dwellings constructed on any lot created after the effective date of this Ordinance shall not exceed 0.25 acre foot per year or such lower amount as may be established in the development order approving the land division.

7.13.11.2

Outdoor Conservation.

Except as otherwise provided in specific subsections below, this Section is applicable to all property within the County, regardless of when the lot was created.

Low water use landscaping techniques or xeriscaping shall be utilized for all new landscaping in development.

Drip irrigation and landscape mulching shall be provided for all new landscaping required by this SLDC.

New sod or grass seed that contains Kentucky bluegrass is not permitted. Lawns of non-native grasses shall not exceed 800 square feet and shall only be watered with harvested water or grey water.

Landscaping may be watered as needed during the first and second years of growth to become established; thereafter landscaping may be watered as is needed to maintain viability.

Watering or irrigation that is provided through a drip irrigation system shall include a timer that ensures that landscaping is not watered between the hours of 11:00 a.m. and 7:00 p.m. between the months of May and November. Irrigation systems shall be equipped with a rain sensor so that the irrigation system does not operate when it is raining or has recently rained. Such approved systems include but are not limited to evapotranspiration-based controllers. This paragraph does not apply to gardens or agricultural uses.

Outdoor watering or irrigation is prohibited between 11:00 a.m. and 7:00 p.m. from May through September of each year, except for the following:

Plants being prepared for sale;

Manual watering by landscape maintenance and contracting personnel;

Water derived from rainwater catchment systems or a grey water reuse system; and

Water derived from an acequia or other agricultural irrigation.

Vehicle washing is only allowed with the use of a shut-off hose nozzle.

An outdoor irrigation system may not be operated if leaking.

Water leaks shall be repaired promptly and in no event more than ten (10) days from the beginning of the leak. Proof of repair shall be provided upon request.

10.

All permanent swimming pools, and any temporary pools with a fill capacity over 3,000 gallons, shall only be permitted in accordance with Section 7.24 of this SLDC.

11.

All swimming pools, hot tubs and spas must be covered to prevent evaporation when not in use. Swimming pools may only be emptied once per year.

7.13.11.3

Indoor Conservation.

Except as otherwise provided in specific subsections below, this Section is applicable to all property within the County, regardless of when the lot was created.

Water-saving fixtures shall be installed in all new construction, remodels and in all remodels and renovations when a fixture is being replaced.

All toilets and flush urinals shall be EPA WaterSense certified or equivalent standard.

All lavatory faucets shall be EPA WaterSense certified or equivalent standard.

All showerheads shall be EPA WaterSense certified or equivalent standard.

Water-conserving appliances shall be installed in all new construction and in all remodels and renovations when an appliance is being replaced.

Residential dishwashers shall be EPA Energy Star certified or equivalent.

Residential clothes washers shall be EPA Energy Star certified or equivalent.

Water-conserving fixtures shall be installed in strict accordance with the manufacturer’s instructions to maintain their rated performance.

Hot water systems shall ensure that hot water is delivered within five seconds of a tap being opened. This requirement can be achieved through the use, either alone or in combination, of the following devices or designs: (i) an on-demand circulation system; (ii) a centrally located water heater; (iii) a point-of-use water heater; (iv) short hot-water pipe runs; (v) small diameter piping; (vi) “instant hot” hot-water fixtures; or (vii) super-insulation methods.

A certificate of compliance by a licensed mechanical contractor or plumber that new construction meets the requirements of the SLDC shall be provided.

Restaurants and caterers shall provide water and other beverages only upon request. This shall be clearly communicated to the customer in at least one of the following manners: (i) on the menu; (ii) by use of a “table tent” or single signage on the table; or (iii) posting in a location clearly visible to all customers.

Lodging facilities shall not provide a daily linen and towel change for guests staying multiple days unless a guest specifically requests each day that linens and towels be changed.

Evaporative coolers shall circulate bleed-off water.

Grey water recycling, if provided, shall reduce the annual amount of water needed for the use, by the amount of the anticipated grey water recycling.

7.13.11.4

Conservation Signage and Literature Distribution.

Public, semi-public, governmental restrooms and public shower facilities shall post not less than one (1) water conservation sign in each restroom and shower facility, the size of which shall not be less than eight and one-half inches (8.5) by eleven (11) inches.

Hotels, motels, and other lodgings shall provide a water conservation informational card or brochure in a visible location in each guest room.

Retail plant nurseries shall provide each retail customer with low-water-use landscape literature and water-efficient irrigation guidelines at the time of sale of any perennial plant. In order to facilitate the purchase of low-water-use plants, nurseries are strongly encouraged to tag or sign their plants that require little or no supplemental water once established. For the sale of all turf or grass seed or sod, the customer shall be given County-provided literature indicating the restrictions to planting water-consumptive turf.

Landscape contractors, maintenance companies and architects shall provide customers with low-water-use literature and water-efficient irrigation guidelines at the time of contracting. Landscape professionals shall educate their customers regarding the operation of their timed irrigation systems.

Title companies and others closing real estate transactions shall provide the purchaser with indoor and outdoor conservation literature at the time of closing.

County departments shall provide indoor and outdoor conservation literature to all persons applying for a development permit and persons initiating water service. The County shall provide the conservation literature on its internet website, and shall distribute literature to all entities providing water within the unincorporated areas of the County.

7.13.11.5

Domestic Well Use Metering Program.

All development utilizing a well shall participate in the well use metering program.

Meters shall be installed on wells for any development subject to the SLDC. All meters shall be a Santa Fe County-approved meter. The meter shall be read by the property owner annually and meter readings shall be provided to the Administrator no later than April 30th of the same calendar year. Submissions shall include name and address of well owner, location of well, OSE well permit number, meter reading, date of meter reading, number of residences served by the well, make and model of meter and photograph of the meter. If a property is required to submit meter readings to the OSE, these readings may be sent to the Administrator in lieu of the above requirement.

All properties that are required to report water meter readings as a condition of plat approval shall have the name and address of the property owner entered into the database when the building permit is issued.

All properties that are required to have water meters shall also be required to test their water meter for reading accuracy every ten (10) years and replace if necessary.

Failure to submit the meter reading will result in the same penalties as outlined in Section 14.4.

When water is used in excess of the amount allocated to the property, the first year a letter with educational/informational materials on how to reduce water use will be sent to the water user and they will be required to submit water meter readings every six months to track their progress. All subsequent water usage violations will result in the same penalties as outlined in Section 14.4.

7.13.11.6

Water Waste, Fugitive Water.

Water Waste.

No person, firm, corporation, county, state, federal or municipal facility or operation shall cause or permit to occur any water waste. In general the occurrence of unforeseeable or unpreventable failure or malfunction of plumbing and irrigation system hardware shall not be deemed sufficient grounds for issuance of a citation or other enforcement proceedings unless and until the County issues a formal written notice.

Water waste means any non-beneficial use of water. Waste includes but is not limited to leaks from indoor and outdoor plumbing systems in excess of 0.25 gallons per minute.

For unforeseeable or unpreventable outdoor violations, the County shall generally issue a formal warning notice prior to taking enforcement action. Prior to taking formal enforcement action the County may instruct the water user not to operate the faulty system until it is appropriately repaired. If operating the system is integral to the operation of the facility the County may at its own discretion provide a period of time in which to remedy the violation prior to commencing formal enforcement action. Once a warning notice or an official citation has been issued for an outdoor occurrence, subsequent water waste events shall be subject to strict enforcement. Strict enforcement may include the issuance of citations and other such activities as the County deems necessary to bring the water user into compliance. For indoor water waste events and for those water waste events outdoors caused by a faulty system which is integral to the operation of the facility, the waste must be abated within 15 calendar days of the issuance of a warning notice or initiation of enforcement action. Enforcement action shall be taken if the waste continues beyond the 15-day period.

Water waste does not include:

Flow resulting from firefighting or other routine inspection of fire hydrants or other training activities;

ii.

Water applied to abate spills of flammable or otherwise hazardous materials;

iii.

Water applied to prevent health, safety or accident hazards when alternate methods are not available;

iv.

Water that reaches or flows onto adjacent property or public or private right-of-way when caused by vandalism, wind, emergencies or acts of God;

Flow resulting from a routine inspection or maintenance of a water utility system;

vi.

Water used by Santa Fe County in the installation, maintenance, repair or replacement of public facilities and structures such as traffic-control devices, storm and sanitary sewer structures and road or street improvements;

vii.

Water used by contractors or utilities including but not limited to saw-cutting and pavement compaction or other use required under terms of their contract;

viii.

Any water that is discharged as a result of well development or a pumping test.

Fugitive Water.

Fugitive water is prohibited. No person, firm, corporation, county, state, federal, municipal, or other governmental facility or operation shall cause of [or] permit the occurrence of fugitive water.

Fugitive water means the pumping, flow, release, escape, or leakage of any water from any pipe, valve, faucet, irrigation system or facility onto any hard surface such that water accumulates as to either create individual puddles in excess of ten (10) square feet in size or cause flow along or off of the hard surface or onto adjacent property or the public right-of-way, arroyo, or other watercourse, natural or man-made. Fugitive water also means, during the irrigation of landscaping, the escape or flow of water away from the landscaping plants being irrigated even if such flow is not onto a hard surface.

Fugitive water shall not include:

Incidental runoff caused by vehicle washing provided that a shut-off nozzle is in use;

ii.

Periodic draining of swimming pools and spas;

iii.

Storm runoff, including snowmelt runoff;

iv.

Flowing resulting from temporary water system failures or malfunctions;

Water applied, such as in the cleaning of hard surfaces, to prevent or abate public health, safety or accident hazards when alternate methods are not available. The washing of outdoor eating areas and sidewalks is not included in this exemption;

vi.

Flow resulting from vandalism, high winds, emergencies and acts of God; or

vii.

The occurrence of an unforeseeable or unpreventable failure or malfunction of plumbing or irrigation system hardware, prior to the issuance of a formal warning notice. Once a formal warning notice has been issued, the water user is instructed not to operate the faulty system until it is appropriately repaired, unless operating the system is integral to the operation of the facility. Once a warning notice has been issued, subsequent fugitive water events at the same location will be subject to issuance of citations.

7.13.11.7

Water Harvesting.

Rainwater Catchment Systems.

Rainwater catchment systems are required for all new residential and all new or remodeled nonresidential development, including a change of use from residential to nonresidential, as required below.

Overflow from a cistern shall be directed into a designated retention pond or landscaped area.

The requirements of this Section shall not apply where a development proposes to utilize grey water recycling for all outdoor landscaping.

Catchment Requirements, Residential Structures.

Systems shall be designed to capture rainwater from a minimum of 85% of the roofed area.

ii.

Residential primary or accessory structures whose roof surface is 2,500 sq. ft. of heated floor area or greater and additions of 2,500 sq. ft. of heated floor area or greater, shall install a cistern that is buried or partially buried and insulated. The cistern shall be connected to a pump and a drip irrigation system to serve landscaped areas. Alternatively, if captured water is to be used for domestic purposes, appropriate plumbing and pumps may be used to convey that water to the point of use.

iii.

A structure whose roof surface is 2,500 sq. ft. of heated floor area or less shall install rain barrels, cisterns or other water catchment system including passive water harvesting and infiltration techniques, berms, swales, and tree wells to capture rainwater.

iv.

Cisterns shall be sized to hold a minimum of 1.15 gallons per square foot of roof area that is captured; provided, however, that the Administrator may approve a lower amount based upon the applicant’s proposed landscaping.

Catchment Requirements, Nonresidential structures:

Systems shall be designed to capture rainwater from all of the roofed area.

ii.

Cisterns shall be buried, partially buried or insulated and shall be connected to a pump and a drip irrigation system to serve landscaped areas. Alternatively, if captured water is to be used for domestic purposes, appropriate plumbing and pumps may be used to convey that water to the point of use.

iii.

Cisterns shall be sized to hold a minimum of 1.5 gallons per square foot of roofed area or the equivalent of a one month supply of captured water, as determined by the Administrator.

iv.

Where no new landscaping is required, the Administrator may approve the use of rain barrels or other water catchment system including passive water harvesting and infiltration techniques, berms, swales, and tree wells to capture rainwater.

7.13.12

County Permit Required to Drill New Statutory Domestic Well Within Service Area.

7.13.12.1

Notwithstanding the issuance of a permit by the New Mexico Office of the State Engineer, no person shall drill a new statutory domestic well within the service area of the County water utility except in accordance with a County domestic well permit issued by the Administrator.

7.13.12.2

The Administrator shall not issue a permit to drill a new statutory domestic well if connection to the County water utility is required under Section 7.13 and applicable law.

7.13.12.3

No permit shall be required under this Section to drill a new well for the purpose of supplementing, replacing, or deepening an existing well or creating an alternative point of diversion for an existing water right.

7.13.12.4

The Administrator shall incorporate the County statutory domestic well permitting process into the development approval process to the extent practicable.

7.13.12.5

“New statutory domestic well” means a well permitted by the New Mexico Office of the State Engineer under NMSA 1978, Section 72-12-1.1 after the effective date of this Ordinance.

(Ordinance 2016-9 adopted 12/13/16)

§ 7.14 ENERGY EFFICIENCY.

7.14.1

Purpose and Intent.

The standards in this Section are intended to accomplish the following:

7.14.1.1

To ensure that newly constructed residential and commercial buildings and structures incorporate cost-effective energy efficiency measures and technologies in order to:

Conserve natural resources;

Minimize local, regional and global impacts on the environment from energy extraction and use;

Protect public health;

Maintain consistency with energy conservation codes adopted by the State of New Mexico; and

Keep monthly energy expenditures manageable over the useful life of a structure.

7.14.2

Required Energy Conservation Pathways.

7.14.2.1

Except accessory buildings, modular homes, and manufactured homes, each new structure or portion thereof to which the 2018 New Mexico Residential Energy Conservation Code applies shall comply with the energy rating index approach, 14.7.6.12(A)(3) NMAC, as such may be amended or recompiled from time to time.

7.14.2.2

Each new structure or portion thereof to which the 2018 New Mexico Commercial Energy Conservation Code applies shall comply with ANSI/ASHRAE/IESNA 90.1, Section C401.2(1) of the 2018 International Energy Conservation Code, as such may be amended or recompiled from time to time.

(Ordinance 2021-02 adopted 3/9/21)

§ 7.15 OPEN SPACE.

7.15.1

Purpose.

It shall be the intent of the County to acquire, preserve and maintain a significant amount of land to support a network of public and private open space, parks and trails throughout the County. New open space and park facilities should be established to match demands of population growth and expansion. Once acquired, the new open space should be protected. This can be accomplished in a variety of ways such as by adopting and maintaining an Official Map; preferentially locating cluster developments; creating new permanently protected private open space in coordination with private landowners, Pueblos, governmental agencies, nonprofit entities, and non-governmental agencies; creating and maintaining safe access, parking, and trailheads for public lands and other open spaces; and supporting community-based stewardship of open spaces, trails and public spaces.

7.15.2

Applicability.

The provisions of this Section shall apply to all subdivisions of more than 24 lots (Types I, II and IV), any Planned Development District, and any development within a trail corridor as identified on the Official Map.

7.15.3

Designation of Open Space and Parks.

7.15.3.1

Open space categories.

Open space use shall be categorized as natural and passive or developed.

Natural and passive open space is set aside for the preservation or conservation of natural areas, wildlife habitat, cultural or archeological resources or other unique characteristics. Passive uses allowed include:

access with minimal impacts including pathways or trails;

way-finding signs and/or interpretive signs; or

other features of minimal impact.

Developed open space use includes:

neighborhood parks;

community gathering spots;

recreational play spaces;

rails;

picnic shelters;

community plazas;

community gardens; and

parking related to open space requirements.

7.15.3.2

Allowable open space.

Open Space may include land that is unsuitable for development and offers natural resource benefits such as steep slopes in excess of 25%; conservation areas; natural vegetation; drainage way or designated wetlands; ravines; surface water management areas; wildlife habitat and corridors; and geologic features. Out-lots and undevelopable or protected lands should be selected on the basis of enhancing the character of the community, buffering, and providing linkages with other areas of significance such as parks, trails or wildlife habitat.

7.15.3.3

Minimum required open space.

Natural and/or passive: Minimum 30% of gross acreage; and

Developed: 1 acre per 100 population (based on 2.57 persons per dwelling unit). Any proposed subdivision over 24 lots with a population less than 100 shall provide at least one (1) acre of developed open space.

7.15.3.4

Trail standards.

A trail easement shall be dedicated in accordance with the Official Map or adopted plans.

Trails identified on the Official Map shall be constructed.

Minimum trail widths for multi-use trails shall meet AASHTO criteria for bicycle facilities, with a thirty (30) foot easement.

Minimum trail widths for all other trails shall meet U.S. Forest Service Trails Management Handbook (FSH 2309.18) criteria for trail development, with a twenty (20) foot easement.

Existing trail alignments may be adjusted to minimize impacts on subdivision design, property use, and safety of residents, and to avoid conflict with existing or proposed roads, driveways, and utility or other special purpose easements. Such adjustments shall be consistent with preservation of the continuity of the trail, safety of the trail users, and the purpose of the trail as determined by the Administrator.

Surfacing for multi-use trails shall be designed and prepared in accordance with AASHTO criteria for bicycle facilities.

Surfacing for all other trails shall be designed and constructed in accordance with the U.S. Forest Service Trails Management Handbook (FSH 2309.18) criteria for trail development.

7.15.3.5

Dedication, Ownership and Management of Open Space, Parks and Trails.

Open space, neighborhood parks and trails shall be established on the Final Plat with provisions for permanent maintenance through dedication to a legally established homeowners’ association. Alternatively, at the election of the owner, property may be donated to the County, with the express written consent of the County through dedication on a plat or other instrument. Appropriate parking shall be provided.

Open space, neighborhood parks and trails shall be described and identified by location, size, use and improvements on the Final Plat prior to dedication to an entity identified for permanent maintenance.

Homeowners’ associations or similar legal entities that are responsible for the maintenance and control of common open space and neighborhood parks shall be established.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.16 PROTECTION OF HISTORIC AND ARCHAEOLOGICAL RESOURCES.

7.16.1

Purpose.

This Section is intended to preserve and enhance the historic, archeological and cultural heritage of Santa Fe County. The section defers to the protections established in state and federal law and in particular the Cultural Properties Act and the Historic Districts and Landmarks Act. It also intends to use established statutory tools available to local governments to provide additional protection beyond that which is provided by the State and federal governments. In particular, this Section intends to utilize, to the greatest extent possible, the County’s inherent police power and zoning authority to provide effective protection for historic and cultural sites that would otherwise go unprotected. This Section also is intended to provide for additional investigation on property proposed for development to determine whether undiscovered historic or cultural properties exist, and if properties are discovered, to provide protection of those properties from development.

7.16.2

Designation of Registered Cultural Properties.

The State of New Mexico, Historic Preservation Division maintains a list of archeological, historic and cultural properties that are deemed worthy of preservation. The list is called the “New Mexico Register of Cultural Properties.” The list also includes properties that have been listed on the National Register of Historic Places of the National Park Service. Whenever in the SLDC reference is made to the list of Registered Cultural Properties, that reference shall refer to the most current list maintained by the State of New Mexico, Department of Cultural Affairs.

7.16.3

Development Affecting a Registered Cultural Property - Required Report.

7.16.3.1

Development that proposes to remove, demolish, or adversely affect a property listed on the New Mexico Register of Cultural Properties and/or the National Register of Historic Places is not permitted unless the applicant first obtains a beneficial use and value determination pursuant to Section 4.9.8 of the SLDC. Additionally, a copy of an excavation permit issued pursuant to 4.10.14 New Mexico Administrative Code by the State Cultural Properties Review Committee with approvals from the State Archaeologist and the State Historic Preservation Officer is also required for any mechanical excavation of an archaeological site on private land.

7.16.3.2

Development that affects in any way a Registered Cultural Property (including any removal or demolishing pursuant to the previous paragraph) is not permitted unless the applicant first submits a report concerning the proposed development for review of the Historic Preservation Office, Historic Preservation Officer. The report shall describe in detail the proposed changes to the Registered Cultural Property in accordance with NMSA 1978, §18-6-8.1 and Section 4.10.7 NMCA. Such a report shall be prepared by a professional qualified under Section 7.16.8 of this Section. The report shall include a complete treatment plan for the Registered Cultural Property, shall contain at least as much information as is listed in Section 4.10.16.14 New Mexico Administrative Code (“Preliminary Reports”) and shall meet the requirements of Section 4.10.7 New Mexico Administrative Code imposing general standards. The treatment plan shall be reviewed by the New Mexico State Historic Preservation Office, Historic Preservation Officer and conditions on the development proposed by the State Historic Preservation Officer may, as appropriate, be incorporated into the development permit.

7.16.3.3

Any development affecting in any way a Registered Cultural Property requires a conditional use permit.

7.16.4

Designation of Archeological Districts.

The County is hereby divided into three districts for purposes of determining the level of investigation, mitigation and treatment required for archeological resources for persons engaging in development within those districts. The three archeological districts are created in Appendix D. Each district corresponds to areas of “high,” “medium,” and “low” potential for discovery of heretofore undiscovered archeological resources.

7.16.4.1

On March 19, 2004, Congress enacted Public Law 108-208 as the Galisteo Basin Archaeological Sites Protection Act (“the Act”), Section 2 of which stated that its purpose was “to provide for the preservation, protection, and interpretation of the nationally significant archeological resources in the Galisteo Basin in New Mexico.” The Act found the Galisteo Basin to be “the location of many well preserved prehistoric and historic archeological resources of Native American and Spanish colonial cultures.” Further, that “these resources included the largest ruins of Pueblo Indian settlement in the United States, spectacular examples of Native American rock art, and ruins of Spanish colonial settlements ... (all of which) are being threatened by natural causes, urban development, vandalism, and uncontrolled excavations.”

7.16.4.2

The Act designated some 24 specific sites, comprising 4,591 total acres, as constituting the Galisteo Basin Archaeological Protection Sites. The 24 designated sites are subject to change. The current sites consist of: Arroyo Hondo Pueblo, Burn Corn Pueblo, Chamisa Locita Pueblo, Comanche Gap Petroglyphs, Espinoso Ridge Site, La Cienega Pueblo & Petroglyphs, La Cienega Pithouse Village, La Cieneguilla Petroglyphs/Camino Real Site, La Cieneguilla Pueblo, Lamy Pueblo, Lamy Junction Site, Las Huertas, Pa’ako Pueblo, Petroglyph Hill, Pueblo Blanco, Pueblo Colorado, Pueblo Galisteo/Las Madres, Pueblo Largo, Pueblo She, Rote Chert Quarry, San Cristobal Pueblo, San Lazaro Pueblo, San Marcos Pueblo, and Upper Arroyo Hondo Pueblo. Section 3 of the Act permits any private property owner included within the boundary of the designated site upon written request to the Secretary of the Interior, to have their property immediately removed from within that boundary. Section 4 of the Act prohibits additions to or deletions from the listed sites except by an act of Congress.

7.16.4.3

Section 2 of the Act protects the archeological protection sites by restricting activity on any Federal lands within the sites including but not limited to disposal of lands, mining activity and mineral/geothermal leasing. The Act authorizes the Secretary of the Interior to enter into cooperative agreements with owners of non-Federal lands as to an archaeological protection site located on their property. Such an agreement would enable the Secretary to assist with the protection, preservation, maintenance, and administration of the archaeological resources and associated lands. Section 5 of the Act prohibits the Secretary from administering archaeological protection sites which are on non-Federal lands unless the landowner consents in a cooperative agreement.

7.16.4.4

The Act specifically prohibits the regulation of privately owned lands located within archeological protection sites and permits the Department of Interior to only acquire lands or interests within the protected sites with the consent of the owner. Similarly, Section 18-6-10 of the Cultural Properties Act deems it “an act of trespass and a misdemeanor for any person to remove, injure or destroy registered cultural properties situated on private lands or controlled by a private owner without the owner’s prior permission.” Also, under the state law, if a cultural property is on private land and the State Cultural Properties Review Committee determines that cultural property to be worthy of preservation and inclusion on the official register of cultural property, “the Committee may recommend the procedure best calculated to ensure preservation.” The procedures include providing technical assistance to the owner to preserve the cultural property, acquiring the property outright or acquiring an easement, advising the County to consider zoning the property as an historic area/district under the Historic District Act, advising the County of the tools available to obtain control of the cultural property under the Historic District Act, and acquiring the property for the State by use of eminent domain.

7.16.5

Development Within Areas of High Potential for Discovery of Archeological Resources; Required Investigation, Treatment and Mitigation.

7.16.5.1

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 5.0 acres or more within an area of “high” potential, or 2.0 acres within a traditional community and any application for small-scale sand and gravel extraction, or a DCI in a “high” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources and shall preserve, mitigate, or treat the archeological resources as specified herein before a development permit is issued.

7.16.5.2

The investigation referred to in the previous paragraph shall include documentary research through the Archeological Records Management Section (ARMS) of the State of New Mexico, Historic Preservation Division, records maintained by the Federal Bureau of Land Management, and any other known documentary sources (such as those held by the University of New Mexico), to determine whether known archeological resources exist at the site.

7.16.5.3

The investigation referred to in the previous paragraphs shall have as its goal to determine in a definitive manner whether known archeological resources exist. If known archeological resources exist on the site, they shall be confirmed through direct field investigation conducted by a qualified professional under Section 7.16.8.

7.16.5.4

If, as a result of the documentary investigation and any follow-up field investigation, archeological resources are verified to exist on the property, a treatment and mitigation plan shall be developed whose primary goal is preservation of the archeological resources. If preservation is not practicable, then a treatment and mitigation plan shall be prepared and incorporated into the report as described in the following paragraphs.

7.16.5.5

Notwithstanding the foregoing, a pedestrian survey of the property proposed for development to which this Section applies shall be conducted by a qualified professional under Section 7.16.8 for all properties to which this Section applies. The pedestrian survey shall be consistent with the requirements for such surveys set forth in 4.10.15 NMAC (“Standards for Survey”). If the qualified professional determines that archeological resources may be present, shovel tests or other subsurface testing shall be performed.

7.16.5.6

The investigation referred to in the previous paragraphs shall culminate in the preparation of a detailed report concerning the investigation which shall, at a minimum, contain all of the following. The report shall be forwarded to SHPO for review and comment:

a map of the proposed development that includes the buildable area and all areas proposed to be disturbed and that also shows the location of any archeological resources or sites investigated as a result of the documentary and pedestrian survey and any property listed on the Register of Cultural Properties;

a description of all archeological resources that were found during the investigation;

a brief description of human occupation and land use in the vicinity of the proposed development;

a complete list of sources consulted during the investigation;

a site map of the proposed development and environs that includes depiction of the archeological sites found and that depicts all the field work completed;

photographs of all archeological resources investigated;

copies of each site inventory and activity form completed on the site;

an overview of previous work and findings from the site of the proposed development and nearby sites;

an assessment of the impact of the proposed development on the archeological remains found at the site;

10.

any archeological resources identified in the report, categorized as either (a) not significant and no treatment is necessary, (b) significant, but that the proposed development will not affect the resources or can avoid the resources with careful placement, (c) significant, but that the resources can be effectively treated, or (d) that the archeological or cultural resources are significant, cannot be avoided, and treatment is not feasible;

11.

a proposed treatment and mitigation plan that, if prepared, provides details concerning the means to undertake recovery and preservation of the archeological resources.

7.16.5.7

If the report referred in the previous paragraph proposes a treatment plan, the treatment plan shall be carried out as a condition precedent to obtaining a development permit. The treatment of the archeological resources shall continue until no archeological resources are encountered. As an alternative to carrying out a treatment plan prior to issuance of a development permit, the Administrator may accept financial assurance for the completion of the treatment plan and issue a development permit conditioned upon completion of the treatment plan.

7.16.5.8

If archeological resources are found, the resources shall be tested and analyzed during the field investigation, and quantitative and qualitative summaries of the archeological remains shall be provided in the report.

7.16.5.9

Archeological resources which are identified as significant as a result of the investigation shall be avoided and permanently protected by a non-disturbance easement, or mitigated and treated. The property on which archeological resources are located may be voluntarily transferred or sold to a federal, State or County government for further protection as an alternative to protection by a non-disturbance easement.

7.16.5.10

For those resources determined to be significant under the previous paragraph and for which a treatment plan is recommended, a sample of surface artifacts shall be collected and documented, and if there is any reason to believe that subsurface resources exist, excavations shall be conducted according to the most current standards of the Historic Preservation Officer set forth in Section 4.10.16 NMAC (“Standards for Excavation and Test Excavation”).

7.16.5.11

In consultation with the State Historic Preservation Officer, the Administrator may determine that an investigation is not required for areas where cultural resources have been destroyed by previous development.

7.16.5.12

The total cost of treatment shall not exceed ten percent (10%) of the total cost of development of the applied-for development, including all future phases. If future phases are not planned sufficiently to determine total development costs, then development of future phases consistent with the applied-for development shall be assumed. Where the cost of treatment exceeds ten percent of development costs, treatment shall be completed up to the ten percent limit. If treatment is incomplete, the applicant shall contact the County’s Open Space and Trails Staff for additional funds, if available, to complete the treatment. Only if such requests are denied may the treatment plan be terminated and a development permit issued.

7.16.5.13

If an applicant does not agree with the findings and a proposed treatment plan, the applicant may consult with another qualified professional to review the findings and treatment plan and render a second opinion. If, after the second opinion, the applicant still does not agree, the applicant may request an opinion from the State of New Mexico, State Historic Preservation Officer. The opinion of the State Historic Officer shall be final.

7.16.6

Development Within Areas of Medium Potential for Discovery of Archeological Resources, Required Investigation; Treatment and Mitigation.

7.16.6.1

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 10.0 acres or more and any application for small-scale sand and gravel extraction, or a DCI, within an area of “medium” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources, and shall preserve, mitigate, or treat the archeological resources as specified herein before making application for a development permit.

7.16.6.2

The investigation, treatment and mitigation required in the previous paragraph shall encompass all the items described in Sections 7.16.5.2 through 7.16.5.13.

7.16.7

Development Within Areas of Low Potential for Discovery of Archeological Resources, Required Investigation; Treatment and Mitigation.

7.16.7.1

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 40.0 acres or more and any application for small-scale sand and gravel extraction, or a DCI, within an area of “low” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources, and shall preserve, mitigate, or treat the archeological resources as specified herein before making application for a development permit.

7.16.7.2

The investigation, treatment and mitigation required in the previous paragraph shall encompass all the items described in Sections 7.16.5.2 through 7.16.5.13.

7.16.8

Professional Qualifications.

Where an investigation called for in this Section requires a qualified professional, that investigation shall be conducted by a professional archeologist, anthropologist or historian qualified and approved by the State of New Mexico Cultural Affairs Division, Historic Preservation and the Administrator.

7.16.9

Unexpected Discoveries.

Any unexpected discoveries of archeological or cultural resources during construction, whether investigated or not pursuant to the SLDC, shall be immediately reported to the Administrator. Absent further instructions from the Administrator, construction activities shall immediately cease. The Applicant shall be responsible for having a person qualified pursuant to this Sconduct an investigation of the site within forty-eight (48) hours to investigate, prepare a report, treat and mitigate the site as necessary and as described in subsection 7.16.5. The Administrator may only issue a permit authorizing construction to continue when all the items set forth in Sections 7.16.5.2 through 7.16.5.13 have been accomplished and approved by the Administrator,[.]

7.16.10

Unexpected Discoveries of Human Remains.

An unexpected discovery of human remains invokes duties under Section 18-6-11.2 of the Cultural Properties Act. Any such discovery shall be immediately reported to local law enforcement and the Administrator. All construction activities shall cease until cleared for further work by the Medical Investigator or the State Historic Preservation Office, depending on the nature of the human remains.

7.16.11

Tribal Notification.

Each investigation completed pursuant to this Section shall be treated as a public record except as provided in NMSA 1978, § 18-6-11.1, and mailed to any Tribal government within Santa Fe County that has made a written request of the Administrator for such information.

7.16.12

Excavating an Archaeological Site on Private Land Using Mechanical Excavation Equipment.

Pursuant to NMSA 1978, § 18-6-11 of the Cultural Properties Act, no person shall excavate an archaeological site located on private land in the State with the use of mechanical earthmoving equipment unless the person obtains a permit issued by the State Cultural Properties Review Committee with approvals from the State Archaeologist and the State Historic Preservation Officer. This requirement shall not apply to the private landowner unless the landowner transfers the property with the intent to excavate an archaeological site.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.17 TERRAIN MANAGEMENT.

7.17.1

Purposes.

This Section is intended to:

7.17.1.1

Protect water quality and the natural character of the land;

7.17.1.2

Minimize soil and slope instability, erosion, sedimentation and stormwater runoff;

7.17.1.3

Protect and retain rugged and steep terrain, natural landmarks and prominent natural features as open space;

7.17.1.4

Adapt development to the existing natural topography, soils, vegetation, geology, hydrology, landforms and other conditions existing on a lot or parcel prior to development by:

Proper vegetation management techniques;

Minimizing cuts and fills and earth grading;

Blending graded areas with undisturbed natural terrain; and

Minimizing the amount of exposed raw earth at any time in a project by careful phasing of development and revegetation;

7.17.1.5

Preserve natural drainage patterns and recharge groundwater [and] protect the public from the natural hazards of flooding, erosion and landslides;

7.17.1.6

Encourage minimum disturbance to the natural areas of a site by;

7.17.1.7

Appropriately locate roads, driveways and utilities so as to minimize unsightly cut and fill areas, and scarring; and

7.17.1.8

Provide passive irrigation of landscaped areas.

7.17.2

Applicability.

All development shall comply with the standards of this Section.

7.17.3

Buildable Area.

A buildable area shall be identified for all lots on any plat and on any site development plan approved under the SLDC.

7.17.3.1

Development shall occur only within the area designated for building on the plat or site development plan. If there is no buildable area designated on the plat or site development plan, then the Administrator shall designate a buildable area upon request.

7.17.3.2

A buildable area shall not be less than 2,000 square feet and shall include all required working areas around the structure, this does not apply to high density PD or MU areas.

7.17.3.3

The Administrator may approve an alternative buildable area upon proof of compliance with the requirements of this SLDC.

7.17.4

No Build Areas.

No build areas shall be identified on any plat and on any site development plan. No build areas shall include:

7.17.4.1

Rock outcropping, wetlands, riparian areas, arroyos and natural drainage ways;

7.17.4.2

Setbacks from ridgetops and ridges, natural streams and drainage ways;

7.17.4.3

Areas with natural slopes of thirty (30) percent or greater; and

7.17.4.4

Access and other easement in which development is prohibited.

7.17.5

Storm Drainage and Erosion Control.

7.17.5.1

General.

No fill shall be placed in natural drainage channels and a minimum setback of twenty-five feet shall be maintained from the natural edge of all streams, rivers, or arroyos with flows exceeding twenty-five (25) cubic feet per second during a one hundred (100) year frequency storm, twenty-four (24) hour duration;

Any area of periodic flooding shall be identified as a no build area and shall be included within a drainage easement; and

Any ponding areas used in drainage control facilities shall be revegetated and integrated into landscaping.

7.17.5.2

All Other Development.

Subdivision, multifamily, nonresidential and single-family residential development shall comply with the following standards:

Drainage structures shall be designed and sized to detain or safely retain stormwater on-site.

Storm drainage facilities shall have the sufficient carrying capacity to accept peak discharge runoff from the development;

The peak discharge of stormwater resulting from the development shall not exceed the peak discharge calculated prior to the development and differences between pre- and post-development discharge shall be detained or retained on-site. Calculation of the design peak discharge of stormwater shall be based on a one hundred (100) year frequency, twenty-four (24) hour duration rainstorm;

No development shall disturb any existing watercourse or other natural drainage system, in a manner which causes a change in watercourse capacity or time to peak, time of concentration or lag time or other natural drainage system or increase of the pre-development stormwater discharge.

All natural drainage ways and arroyos which traverse or affect one or more lots or development sites shall be identified on the plan and/or plat.

Erosion setbacks shall be provided for structures adjacent to natural arroyos, channels, or streams such that: (a) a minimum setback of 25' shall be provided from all arroyos with flow rates of 100 cubic feet per second (100 cfs); or (b) a minimum setback of 75' shall be provided from all FEMA designated 100-year Floodplains. Setbacks from FEMA designated Floodplains may be reduced if bank stabilization or stream bed and bank stability is designed or provided by a professional engineer. In no case shall the setback be reduced to less than 25'.

For single-family residences, where a proposed development site is located outside of a regulated one hundred (100) year floodplain and on slopes less than ten percent (10%) and the proposed development site, including patios, garages, accessory structures, driveways and other development that decreases the permeability of infiltration of pre-development surfaces is no more than six thousand (6,000) square feet and total impermeable surfaces (roofs, paved areas, patios, etc.) do not exceed twenty-five hundred (2,500) square feet, a retention/detention pond(s) or check dams(s) with a minimum volume of six hundred (600) cubic feet shall be installed at a location to be approved by the Code Administrator. Such ponds shall be integrated with the landscaping or revegetation on the lot.

7.17.6

Grading, Clearing and Grubbing.

7.17.6.1

Prior to engaging in any grading, clearing or grubbing, a development permit shall be obtained. A development permit is not required to maintain a driveway or road; provided, however, that any major change in the driveway or road or a capital improvement to a road or driveway, shall require a development permit.

7.17.6.2

Grading and clearing of existing native vegetation shall be limited to approved Buildable Areas, road or driveways, drainage facilities, liquid waste systems, and utility corridors.

7.17.6.3

Topsoil from graded areas shall be stockpiled for use in revegetation.

7.17.6.4

The boundaries of the development area shall be clearly marked on the site with limits of disturbance (LOD) fencing or construction barriers prior to any grading or clearing.

7.17.6.5

No grading is permitted within one foot of a property line, except for roads[,] driveways and utilities.

7.17.6.6

Temporary fencing shall be installed to protect natural vegetation.

7.17.6.7

Retaining walls shall not exceed ten (10) feet in height.

7.17.7

Restoration of Disturbed Areas.

7.17.7.1

Disturbed areas not stabilized by landscaping shall be permanently revegetated to approximate the density and species or [of] vegetation at the site prior to grading.

7.17.7.2

Abrupt angular transitions and linear slopes shall be stabilized.

7.17.7.3

All structures except retaining walls or soil stabilization improvements shall be set back from the crest of fills or the base of cuts for a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be part of a building.

7.17.8

(Reserved)

7.17.9

Steep Slopes, Ridgetops, Ridgelines and Shoulders.

7.17.9.1

Applicability.

This Section applies to development of any structure on a slope whose grade exceeds fifteen percent (15%), areas where slope exceeds thirty percent (30%) and to a ridge, ridgetop, ridgeline or shoulder.

Where a ridgetop measures more than five hundred feet (500’) from shoulder to shoulder, the ridgetop standards and requirements shall apply within two hundred feet (200’) of the shoulder of the ridge.

7.17.9.2

Standards.

No structure may be constructed on a ridgetop, ridgeline or shoulder unless there is no other buildable area on the property. Only single-story structures are allowed on ridges, ridgetops and shoulders.

Buildable areas on a ridgetop, ridgeline, or shoulder shall be set back 25 (twenty-five) feet from the shoulder.

No structure may be constructed on a natural slope of thirty percent (30%) or greater.

Utilities, drainage structures, slope retention structures, and access roads and driveways may be located on a natural slope in excess of thirty percent (30%) so long as they disturb no more than three separate areas not exceeding 1,000 square feet each.

No structure may be constructed on a slope where evidence exists of instability, rock falls, landslides, or other natural or man-made hazards.

The finished floor elevation of any structure built on a natural slope between fifteen percent (15%) and thirty percent (30%) shall not exceed five feet above the natural grade at any point.

No significant tree may be removed from slopes greater than thirty (30) percent.

7.17.9.3

Height.

The height of any structure located on land that has a natural slope of fifteen percent (15%) or greater shall not exceed eighteen feet (18'). The distance between the highest point of the structure and the lowest point at the natural grade or finished cut shall not exceed thirty (30) feet, unless the portion of the slope over fifteen percent (15%) is incidental to the entire site.

Figure 7.6: Height of Structures in Steep Slope Areas

Structures on ridges, ridgelines, and shoulders shall not exceed fourteen (14) feet in height and shall be limited to one story. However, a structure on a ridge or ridgeline that is a one-story pitched roof structure shall not exceed eighteen (18) feet in height so long as the structure is screened from view from an arterial or major arterial road.

7.17.9.4

Architectural and Appearance Standards.

A Structure located on a slope in excess of fifteen percent (15%) shall be designed to conform to the natural terrain by following contours to minimize cuts and fills, fitting into existing landforms and solidly meeting the ground plane. Any pier foundations shall be enclosed so that exterior walls appear to meet the ground and such a foundation system shall not exceed five vertical feet above the natural grade.

Buildings should be designed within variations in height and orientation, and within offset walls to reduce the visible mass or bulk.

Roof colors, windows, walls and facade colors visible from adjacent properties or from arterial or collector roads shall be muted and of non-reflective or non-glossy materials with a Light Reflective Value (LRV) of less than 40 percent pursuant to manufacturer’s specifications.

Landscaping shall be provided for cut and fill slopes greater than four feet. Landscape shall be provided for the facade of buildings located on ridgetops or 15 percent slopes or greater that are visible from arterial or collector roads. A minimum of 50 percent of the visible portion of a cut and fill slope and facade shall be landscaped. Trees shall be planted or retained within 15 feet of all retaining walls to be screened and in an area no less than 25 feet and no more than 50 feet from any facade to be screened. In the event of a conflict between the requirements of this paragraph and the Santa Fe County Urban Wildland Interface Code on a particular property, screening shall be provided, but at a distance consistent with the requirements of Urban Wildland Interface Code. If the lot size does not permit compliance with both the requirements of this paragraph and the Urban Wildland Interface Code, the latter shall apply.

7.17.10

Development at or above 7400 Feet.

Development at or above an elevation of 7400 feet will be subject to additional requirements.

7.17.10.1

Buildable Area Analysis.

Each lot or parcel shall be analyzed for buildable areas which must satisfy each of the following criteria that:

the average slope of the buildable area is less than twenty percent (20%), except that only fifty percent (50%) of any structure may be located on slope that is between twenty and thirty percent (20% and 30%);

soils within the area are acceptable for construction of foundations; and

the buildable area be closest to the nearest pre-existing public or private roadway or right-of-way, unless the resulting location of the buildable area would make the development in the area visible from the nearest major arterial road or unless such siting of the buildable area would not conform to the purposes, development criteria and design standards of this Section 7.17;

7.17.10.2

Visual Impact Analysis.

Each proposed development site within a buildable area shall be subject to a visual impact analysis that will indicate whether such structures will be visible from a major arterial road. Such visual impact analysis shall include:

Erection of white story poles on each and every corner and, if applicable, on the pitch of any proposed structure on the site proposed for development. Story poles shall be consistent with the height of the proposed structure.

Photographs, using a telephoto lens or other technique that is adequate to establish a viewline and that adjusts for distances, or computer simulations taken from the nearest applicable major arterial road where a view of the site is possible.

Viewpoints shall be approved by the Administrator prior to the analysis, and additional viewpoints may be selected by the Administrator if the additional viewpoints would provide greater visual perspective on the proposed development site.

Sites that are visible.

Where it is determined that the proposed development site is visible from a major arterial road, then the following alternatives shall be considered:

Selection of a less visible or non-visible development site;

Consolidation and/or adjustment of lot lines, relocation of buildable areas, and/or realignment of proposed roads and driveways.

Use of additional screening, buffering or setbacks.

7.17.10.3

Disturbed Area Limitation.

The disturbed area on any lot shall not exceed twelve thousand (12,000) square feet, disturbance for the required primary driveway shall not be included in the disturbed area square footage. The location and calculation of the disturbed area on the lot shall be identified on the site development plan.

All construction staging areas shall be fenced prior to construction to prevent damage to all areas that are not designated as the disturbed area on a lot.

Utility corridors, septic leach fields, construction staging areas and any other portion of the designated disturbed area that is not occupied by improvements shall be revegetated.

Walls or fences shall be included in calculating disturbed area when such walls or fences are impermeable with respect to overland sheet flow of water or would inhibit water infiltration.

7.17.10.4

Roads and driveways.

Roads and driveways shall not be designed or constructed on slopes of over twenty-five percent (25%).

Exceptions may be approved by the Administrator for roads and driveways proposed to cross slopes greater than twenty-five percent (25%) that disturb no more than three (3) isolated occurrences of up to one thousand (1000) square feet each, provided the applicant demonstrates that crossing such slopes has minimal impact to terrain or to visual quality and otherwise would conform to the purposes, design criteria and development standards set forth in this Section 7.17.

7.17.10.5

Architectural and Appearance Standards.

Window and door glazing shall be limited to no more than thirty percent (30%) of a facade, except:

glazing shall be limited to no more than fifty percent (50%) under portals eight feet (8') or deeper.

glazing shall be non-mirrored and the LRV shall be less than twenty percent (20%).

7.17.10.6

Setbacks.

Setbacks shall be no less than one hundred feet (100') from a ridge, ridgetop, ridgeline or shoulder unless it can be demonstrated to the Administrator, after a field inspection, that structures built within the default minimum setback would be non-visible or less visible from applicable public rights-of-way than structures built outside the default minimum setback.

7.17.10.7

Screening Requirements.

The facade of any structure taller than four feet (4'), including retaining walls, which is visible from any public right-of-way shall be screened with appropriate shrubs or trees. New plants shall be the same as or similar to existing, indigenous trees on the site.

Screening requirements shall be coordinated with fire safety zones.

Trees used for required screening structures shall be a minimum of six feet (6') tall and one and one-half inch (1.5") caliper at the time of planting. In addition, fifty percent (50%) of required new shrubs shall be of a minimum size of five (5) gallons at the time of planting.

Except as otherwise required for screening purposes or fire safety zones, new vegetation shall be planted at commensurate density to that on the site prior to development.

Except as set forth below, all cut and fill slopes and retaining walls more than four feet (4') high and with a grade of 3:1 or more shall have screening vegetation planted and maintained at the base of the slope. However, those with a grade of less than 3:1 shall have screening vegetation planted and maintained on the entire cut or fill slope as follows:

Screening vegetation shall be planted and maintained in addition to all revegetation required elsewhere in this Code, and shall be indigenous evergreen trees characteristic of the immediately adjacent area. No trees are required for solid rock terrain.

All trees shall be a minimum of six feet (6') high at the time of planting, and shall be planted and maintained at a similar density to the adjacent existing natural landscape. The landscaping density shall be determined by an inventory of existing natural trees of four feet (4') or greater in height in a fifty by fifty foot (50' x 50') square within the cut or fill area prior to excavation. The inventory of the existing natural trees within the cut and fill area shall be shown on the landscape plan.

Existing indigenous evergreen trees over six feet (6') high and located within four feet (4') of the base of the cut and fill slope may be counted toward fulfilling the number of trees required for screening.

Cut slopes with a slope or retaining wall closer than six feet (6') from the edge of a road or driveway may be screened with a trellis supporting planted vegetation.

Where any structure is greater than eight feet (8') high but no more than fourteen feet (14') high, there shall be at least one (1) indigenous evergreen tree such that no more than fifty percent (50%) of the structure is exposed from the highest point on the structure to the top of the tree. Where any structure is greater than fourteen feet (14') high, there shall be at least one (1) indigenous evergreen tree of at least eight feet (8') in height, which shall be located not more than fifteen feet (15') from the structure. The result must meet the objective of breaking up both the vertical and horizontal mass of the structure. The tree or shrub, at maturity, shall be a few feet higher than the structure.

There shall be at least one tree existing or planted of at least six feet (6') in height for every fifteen linear feet (15') of horizontal wall of each structure which shall be located not more than fifteen feet (15') from such wall.

No retaining walls shall be greater than five feet (5') in height. When retainage greater than five feet (5') is required, multiple retaining walls shall be used, which must be set back a minimum of six horizontal feet (6') from face of wall to face of wall. Setback area grading shall not exceed a one percent (1%) cross slope and all walls shall be screened in accordance with Section 7.17.10.7 above.

The landscaping requirements set forth in this Section shall be in addition to all other landscaping requirements in Section 7.6.

7.17.10.8

Lighting Design Standards.

Use of cut-off or shielded luminaires is required. All light sources or bulbs shall be shielded so they are not visible from any adjacent lot or public roadway and so that no light rays are emitted by the installed fixture at angles above the horizontal plane. All outdoor lighting fixtures shall meet the requirements for lamp type and shielding set forth in Section 7.8.

Spillover of lighting of any type onto adjacent property is prohibited.

No light fixture or mounting device shall be higher than the buildings on a parcel.

Ground-mounted luminaires for pedestrian or parking areas are limited to height of three feet (3').

Flood lights to enhance architectural features of a building or garden areas at night are prohibited.

Decorative lamps shielding low watt incandescent, low pressure sodium or other energy efficient light sources for walls under portals are permitted.

Spotlights, mercury vapor and halogen security lights are prohibited.

Automatic timing devices may be required to turn off lighting at specified hours.

A range of lighting design solutions for the various aspects of a development shall be considered over a single lighting solution.

10.

Where the installation of street lights is required for reasons of safety or convenience, standards for street lights are set forth in Section 7.8.4, and are incorporated by reference herein.

11.

No new lighting shall be used or installed that is visible from a major arterial when illuminated.

12.

The lighting requirements set forth in this Section shall be in addition to all other lighting requirements in Section 7.8 of this Code.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.18 FLOOD PREVENTION AND FLOOD CONTROL.

7.18.1

Statutory Authorization.

NMSA 1978, § 3-18-7(D), establishes that a county with areas designated by FEMA and the county as flood-prone shall participate in the National Flood Insurance Program (“NFIP”). The requirements for participation in the NFIP are included in Title 44 CFR (National Flood Insurance Program Regulations) and form the basis for regulation under this Section.

7.18.2

Purpose.

The purpose of this Section is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by adopting provisions designed to:

7.18.2.1

protect human life and health;

7.18.2.2

minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

7.18.2.3

minimize damage to critical facilities, infrastructure and public facilities such as water and sewer mains, electric and communications facilities, and roads and bridges located in floodplains;

7.18.2.4

minimize prolonged business interruptions;

7.18.2.5

restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

7.18.2.6

regulate the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

7.18.2.7

regulate filling, grading, dredging and other development that may increase flood damage;

7.18.2.8

restrict alteration or substantial improvements to existing structures located within the floodplain;

7.18.2.9

prevent increases in flood heights that could increase flood damage;

7.18.2.10

ensure that potential purchasers are informed that property is located in a flood hazard area; and

7.18.2.11

minimize expenditure of public money for costly flood control projects.

7.18.3

Methods of Reducing Flood Losses.

In order to accomplish these purposes, the SLDC uses the following methods to guard against or reduce losses resulting from flooding:

7.18.3.1

restrict or prohibit uses that are dangerous to the health, safety, welfare or property in times of flooding, or that increase flood heights or velocities;

7.18.3.2

require that uses that are vulnerable to floods, including facilities serving such uses, be protected against flood damage at the time of initial construction;

7.18.3.3

control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

7.18.3.4

control filling, grading, dredging and other development that may increase flood damage; and

7.18.3.5

prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards, flood heights or flood velocities on other lands.

7.18.4

Applicability.

7.18.4.1

Generally.

This Section applies to all designated Special Flood Hazard Areas within the County.

7.18.4.2

Interpretation of Map Boundaries.

Where interpretation of the boundaries of a Special Flood Hazard Area shown on the effective Flood Insurance Rate Map for Santa Fe County is needed, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is an appeal of the decision of the Floodplain Administrator, the Planning Commission shall make the final determination.

7.18.4.3

Abrogation and Greater Restrictions.

This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where the terms of this Section and another ordinance, easement, covenant, plat restriction or condition or deed restriction conflicts with the terms of this Section, whichever imposes the more stringent restriction shall prevail, notwithstanding anything to the contrary herein.

7.18.5

Basis for Establishing Special Flood Hazard Areas.

The Special Flood Hazard Areas (“SFHAs”) identified by FEMA in a scientific and engineering report entitled “The Flood Insurance Study for Santa Fe County, New Mexico and Incorporated Areas (“FIS”),” effective December 4, 2012, with accompanying Flood Insurance Rate Maps (“FIRM”) and/or Flood Boundary Floodway Maps (“FBFM”) and any revisions thereto, are hereby adopted by reference and declared to be a part of the SLDC. These Special SFHAs identified by the FIS and attendant mapping are the minimum area of applicability of the SLDC and may be supplemented by subsequently conducted studies designated and approved as set forth herein. The Floodplain Administrator shall keep a copy of the FIS, FIRMs and/or FBFMs on file and available for public inspection during normal business hours.

7.18.6

Warning and Disclaimer of Liability.

The degree of flood protection required by the SLDC 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. The SLDC does not, and shall not, be interpreted to provide that land lying outside of a SFHA or uses permitted within such areas will be free from flooding or flood damages. The SLDC shall not create liability on the part of the County or any official or employee thereof for any flood damage that may result from compliance with the terms of the SLDC or any administrative decision lawfully made hereunder.

7.18.7

Administration.

7.18.7.1

Designation of Floodplain Administrator.

The Administrator is appointed the Floodplain Administrator to administer and implement this Section of the SLDC and other appropriate sections of Title 44 CFR (National Flood Insurance Program Regulations). The Administrator shall appoint a person under the Administrator’s supervision to be the Certified Floodplain Manager as described in NMSA 1978, section 3-18-7(C).

7.18.7.2

Duties and Responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

maintain and hold open for public inspection all records pertaining to the provisions of this Section, including the actual elevation (in relation to mean sea level) of the lowest floor elevation (including basement) of all new or substantially improved structures, any floodproofing certificate issued pursuant to this Section, and a record of all variances granted, including the justification for issuance;

review, approve, deny, or approve with conditions each application for a development permit within a SFHA;

determine, for each application for a development permit within a SFHA, whether requirements of the SLDC have been satisfied, whether other required state and federal permits have been obtained, and whether the site is reasonably safe from flooding;

review applications for proposed development to assure that all necessary permits have been obtained from State, federal or local governmental agencies (including permits required by § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Section 1334);

inspect development during construction to ensure compliance with applicable provisions of this section;

make interpretations of the boundaries of a SFHA;

where the Base Flood Elevation has not been provided, obtain, review and reasonably utilize any Base Flood Elevation data and floodway data available;

notify, in riverine situations, adjacent communities and the State prior to any alteration or relocation of a watercourse, and submit evidence of the notice to FEMA;

ensure that the flood-carrying capacity of any altered or relocated watercourse is maintained; and

10.

complete and submit an annual or biennial report, as required, to the Federal Insurance Administrator, with a copy to the State Floodplain Administrator.

7.18.8

Development Permit Required.

Prior to any development or change of use occurring within a SFHA (including: subdivision or land division; alteration or relocation of a watercourse including placement of structures, culverts, embankments, utilities or grading activity of any kind; the placement of fill; excavation; or storage of materials, vehicles or equipment), a development permit allowing floodplain development shall be obtained. In addition, all necessary permits shall be received from governmental agencies from which approval is required by Federal or State law, including but not limited to 33 U.S.C. Section 1344 (Section 404 of the Federal Water Pollution Control Act of 1972).

7.18.9

Permit Procedures.

Development within a SFHA does not require a separate floodplain permit, but rather, as part of the application for any development permit, the applicant will be asked to state if the project is located within a SFHA, which statement will be verified by the Administrator as part of application completeness review.

7.18.9.1

Application Requirements.

If the project is located in whole or in part within a SFHA, the applicant shall provide all relevant information required by the Administrator, which shall include at minimum the following:

elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;

a certificate from a registered New Mexico professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 7.18.11.2; and

description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

7.18.9.2

Application Review.

Approval or denial of the development permit shall be based on the applicant’s ability to demonstrate compliance with the standards of this Section and consideration of the following factors:

the danger to life and property due to flooding or erosion damage;

the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

the danger that materials may be swept onto other lands to the injury of others;

the compatibility of the proposed use with existing and anticipated development;

the safety of access to the property in times of flood for ordinary and emergency vehicles;

the costs of providing governmental services during and after flood conditions including maintenance and repair of roads and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

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;

the necessity to the facility of a waterfront location, where applicable;

the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

10.

the relationship of the proposed use to the SGMP.

7.18.10

Standards Applicable to all SFHAs.

In all SFHAs, all projects are subject to the standards of this Section. Additional standards are set forth in subsequent Sections for areas where the base flood elevation is available and for floodways.

7.18.10.1

New construction and 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;

be constructed with materials resistant to flood damage;

be constructed by methods and practices that minimize flood damage; and

be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

7.18.10.2

Subdivision plans shall be reviewed to assure that:

all such proposals are consistent with the need to minimize flood damage within the flood-prone area;

all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

adequate drainage is provided to reduce exposure to flood hazards.

7.18.10.3

Applications for new subdivision, land division, or other development (including applications for manufactured homes parks and subdivision) greater than fifty (50) lots or five (5) acres, whichever is lesser, shall include base flood elevation data.

7.18.10.4

Manufactured homes shall be installed using methods and practices which minimize flood damage. For 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.

7.18.10.5

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

7.18.10.6

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

7.18.10.7

On-site waste disposal systems shall be located to avoid impairment or contamination during flooding.

7.18.10.8

If a watercourse is altered or relocated in whole or in part, the application shall be reviewed to assure that the flood-carrying capacity of the watercourse is maintained.

7.18.10.9

In riverine situations, adjacent communities and the State Coordinating Office shall be notified prior to any alteration or relocation of a watercourse, with copies of the notification provided to the certified floodplain administrator.

7.18.11

Additional Standards where Base Flood Elevation is Available.

In SFHAs where base flood elevation data has been provided, the following standards apply in addition to those required by Section 7.18.10:

7.18.11.1

Residential Construction.

New construction and substantial improvement of any residential structure within Zones A1-30, AE and AH on the FIRM shall have the lowest floor (including basement) elevated one (1) foot above the base flood elevation.

7.18.11.2

Nonresidential Construction.

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure within Zones A1-30, AE and AH on the FIRM shall either have the lowest floor (including basement) elevated one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one (1) foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components have [having] the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where a nonresidential structure is intended to be made watertight below the base flood elevation, a registered professional engineer in the State of New Mexico or an architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for purposes of meeting the requirement of this Section, and a record shall be kept of such certificates by the floodplain administrator that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed.

7.18.11.3

Enclosures.

New construction and substantial improvements with 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 and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The design for meeting this requirement shall either be certified by a registered professional engineer in the State of New Mexico or an architect, or meet or exceed the following minimum criteria:

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;

the bottom of all openings shall be no higher than one foot above grade; and

openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

7.18.11.4

Manufactured Homes.

Generally.

Each manufactured home that is placed or substantially improved within Zones A1-30, AH, and AE on the FIRM on sites (i) outside of a manufactured home park (i.e., manufactured housing community development) or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which manufactured home has incurred substantial damage as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Excepted Homes.

Each manufactured home placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either the lowest floor of the manufactured home is one (1) foot 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 be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

7.18.11.5

Recreational Vehicles.

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. Each recreational vehicle that is placed on a site within Zones A1-30, AH, and AE on the FIRM shall either:

be on the site for fewer than 180 consecutive days;

be fully licensed and ready for highway use; or

meet the permit requirements of this Section and the elevation and anchoring requirements for manufactured homes of this Section.

7.18.11.6

Cumulative Effects.

Until a regulatory floodway is designated, no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM, unless it is determined 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 (1) foot at any point.

7.18.12

Additional Standards for Areas of Shallow Flooding (AO/AH Zones).

The following standards apply to projects within AO and AH zones in addition to those in Sections 7.18.10 and 7.18.11:

7.18.12.1

Residential.

All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as depth number specified in feet on the FIRM (and at least two feet if no depth number is specified).

7.18.12.2

Nonresidential.

All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as depth number specified in feet on the FIRM (and at least two feet if no depth number is specified), or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components have [having] the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

7.18.12.3

Drainage paths.

An adequate drainage path around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

7.18.13

Standards for Floodways.

Where a regulatory floodway has been designated, the following standards apply:

7.18.13.1

Encroachments in a floodway are prohibited, including fill, new construction, substantial improvements and other development unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

7.18.13.2

The County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that all of the provisions required by 44 CFR 65.12 are met, including application to the Federal Insurance Administrator for conditional approval of such action prior to permitting the encroachments to occur.

7.18.13.3

Notwithstanding the general prohibition on encroachments in Section 7.18.13.1, the following uses are permitted in a floodway provided they are permitted in the designated zoning districts, are undertaken in compliance with other applicable state and federal law, and do not constrict flow or create a rise in the base flood elevation during a 100-year flood event:

cultivating and harvesting of crops according to recognized soil conservation practices;

pasturing, grazing;

open area residential uses such as lawns, gardens and play areas;

passive recreation areas such as parks or trails;

active recreation uses that do not include permanent structures and so long as any temporary structures or equipment are removed when not in active use;

wildlife sanctuary or woodland preserve;

outlet installations for sewage treatment plants and sealed public water supply wells;

stormwater management and arroyo or watercourse stabilization facilities, such as check dams and gabions, provided that any such facilities that constrict flow or create a rise in the base flood elevation during a 100-year flood event shall comply with all applicable FEMA regulations and all provisions of this Section that are more stringent than the FEMA regulations; and

railroads, roads, driveways, bridges, private and public utility lines that cross the floodway with minimal disturbance as determined by the Floodplain Administrator, and structural works for the control and handling of flood flows, such as dams, embankments, flood walls, velocity control structures or storm drainage control and handling works (with the exception of required stormwater detention facilities) provided that any such facilities that constrict flow or create a rise in the base flood elevation during a base flood event shall comply with all applicable FEMA requirements and all provisions of this Section 7.18 that are more stringent than the FEMA regulations.

7.18.14

Variances.

The Floodplain Administrator may recommend to the Hearing Officer and the Planning Commission a variance from the requirements of this Section in accordance with this Section.

7.18.14.1

A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. No variance shall be issued based on floodproofing until the Applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation, and meet current FEMA criteria for floodproofing.

7.18.14.2

A variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Subsections .3–.6 below. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

7.18.14.3

A variance shall only be issued upon (i) a showing a good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

7.18.14.4

A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

7.18.14.5

The applicant shall be notified in writing over the signature of the Administrator that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 or $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained by the Administrator as required in Subsection .6 below.

7.18.14.6

The Administrator shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator.

7.18.14.7

A variance may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of Subsections .1–.4 above are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

7.18.14.8

A variance may be issued for the repair or rehabilitation of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

7.18.14.9

Variances are further covered in the SLDC at Section 14.9.7.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.19 NPDES.

(Reserved)

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.20 SOLID WASTE.

7.20.1

Applicability.

All development shall provide for collection and disposal of solid waste.

7.20.2

Requirements.

7.20.2.1

All developments within SDA-1 shall be served by County curbside collection as prescribed by separate ordinance, if applicable, or shall utilize a solid waste collection service.

7.20.2.2

All subdivisions within SDA-2 or SDA-3 and all nonresidential, multifamily and manufactured home communities shall be served by County curbside collection and recycling as prescribed by separate ordinance, if applicable, or, if inapplicable, utilize one of the following:

A solid waste collection service; or

The nearest existing sanitary landfill or transfer station.

7.20.2.3

Nonresidential and multifamily residential uses shall provide adequate containers for solid waste collection and storage, a screened area for solid waste storage, and disposal through the County, or an appropriate solid waste collection service, or directly. Screening shall consist of a six-foot-high solid wall or fence with a solid gate.

7.20.2.4

Residential uses shall store all solid waste awaiting proper disposal in enclosed containers or within a structure.

7.20.2.5

All solid waste, shall be removed from the property on a regular basis, but not less than monthly.

7.20.2.6

All facilities generating manure shall have a plan for manure management, which can include:

Removal of manure from the property on a regular basis, but not less than monthly;

Utilization of a composting system; or

Spreading or harrowing of the manure on the ground to enrich the soil.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.21 AIR QUALITY AND NOISE.

7.21.1

Applicability/Environmental Performance Standards.

This Section shall apply to nonresidential development.

7.21.2

General.

Nonresidential construction shall utilize standard techniques available in order to minimize noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter; radiation hazards; fire and explosive hazards, or electromagnetic interference.

7.21.3

Air Quality.

If an air quality permit is required by the regulations of the NMED, a permit shall be obtained and a copy presented at the time of application. The applicant shall comply with the permit at all times.

7.21.4

Noise.

Any actual or projected measurement that exceeds the average conditions calculated over a thirty (30) minute period, at the property line, of the limits shown in Table 7-21 shall be grounds for denial of a development application or imposition of noise mitigation efforts sufficient to ensure that the development will not exceed the applicable noise limits. The Administrator may require a noise study to be conducted whenever it is determined that the use proposed in the development application may exceed the noise limits. This determination may be made by category of use or on an application by application basis.

Table 7-21: Noise Limits
Zoning District	Daytime 7:00 a.m. to 10:00 p.m.	Nighttime 10:00 p.m. to 7:00 a.m.
Industrial and Commercial*	75 dBA, or 10 dBA above ambient; whichever is less	60 dBA, or 5 dBA above ambient; whichever is less
All Other Districts	55 dBA, or 5 dBA above ambient; whichever is less	45 dBA, or 5 dBA above ambient; whichever is less

*These noise limits shall not apply to wind energy facilities. Instead, see limits contained at Section 10.16.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.22 FINANCIAL GUARANTY.

7.22.1

Applicability.

Prior to the recording of a final plat and issuance of a development permit, an applicant for any of the following development projects shall submit for approval to the Administrator a financial guaranty for construction of any required public or private infrastructure improvements, landscaping or reclamation in accordance with the requirements of this Section:

7.22.1.1

for nonresidential development over 10,000 square feet;

7.22.1.2

for multifamily development over 10,000 square feet; and

7.22.1.3

for any subdivision in excess of five lots.

7.22.2

Construction of Improvements.

No land alteration or grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for location of surveying stakes for purposes of aiding in preparation of final engineering drawings or plans, shall commence on the subject property until the applicant has:

7.22.2.1

Received a development order from the Administrator approving the construction plans and granting final plat approval;

7.22.2.2

Entered into a voluntary development agreement and a subdivision improvement agreement as applicable; and

7.22.2.3

Deposited with the Administrator cash, a letter of credit, an escrow agreement, surety bond, or a payment and performance bond, sufficient to cover the cost of completion of all improvements, together with costs, expenses and attorney’s fees in the event of default (as set forth in the engineer’s cost estimate below), required to be made pursuant to the conditions of the development order granting final plat approval, the development and subdivision improvement agreements executed pursuant to this Chapter and the approved construction plans. The acceptance of any surety bond or letter of credit shall be subject to the approval of the Administrator and County Attorney.

7.22.3

Engineer’s Cost Estimate.

A cost estimate for all required public and private site improvements or reclamation shall be prepared by a New Mexico registered professional engineer and shall be submitted with the financial guaranty. The cost estimate shall be valid for a period of 12 months.

7.22.4

Form of Guaranty.

Any letter of credit, escrow agreement, performance and payment bond or surety bond shall utilize the standard County template (guide) for the format and content of such Agreements. The template may be obtained from the Administrator. The guaranty shall conform to the following standards:

7.22.4.1

a payment and performance surety bond executed by a surety company licensed to do business in New Mexico in the amount of 100 percent of the cost estimate of all required improvements, or

7.22.4.2

an irrevocable letter of credit in an institution licensed to do business in the State of New Mexico in the amount of 125 percent of the cost estimate of all required improvements.

7.22.5

(Reserved)

7.22.6

Maintenance Bonds.

The applicant shall warranty any public improvements against defects in workmanship and materials for a period of five (5) years from the date of acceptance of such improvements.

7.22.7

Engineering Inspection and Tests.

The Administrator may make inspections of improvements constructed pursuant to Section 7.22.11 and this Section of the SLDC to ascertain compliance with the provisions of this Section and to ascertain compliance with the standards in the SLDC.

7.22.7.1

The Administrator will charge the applicant for the actual costs of such inspections during construction and for final inspection; however, it is to be understood that the County will do no layout work or daily inspection.

7.22.8

Releases and Financial Guaranty.

7.22.8.1

When an applicant has given payment and performance security in any of the forms provided in this Chapter, and when required site improvements have been completed and accepted, the original guaranty may be substituted with a new guaranty in an amount equal to 125% of the cost for completing the remaining site improvements. Such new guaranty need not be in the same form as the original guaranty. However, in no event shall the substitution of one security for another in any way alter or modify the obligation under the performance and payment bonds, letter of credit, or cash. Releases shall not be requested more than once a month.

7.22.8.2

As the improvements are completed, applicant may submit a written request, prepared by the project engineer, for a partial or full release of the financial guaranty. Such application shall show, or include:

Dollar amount of commitment guaranty,

Improvements completed, including dollar value,

Improvements not completed, including dollar value,

Amount of previous releases,

Amount of commitment guaranty requested released,

Release or waivers of mechanic’s liens of all parties who have furnished work, services, or materials for the Improvements, and

Reasonable fee, if the County requires any, to cover the cost of administration and inspections.

7.22.8.3

Upon receipt of the application, the Administrator shall inspect the required improvements, both those completed and those uncompleted. If the Administrator determines from the inspection that the required improvements shown on the application have been completed as provided herein, that portion of the collateral supporting the commitment guaranty shall be released. The release shall be made in writing signed by the Administrator and the County Attorney. The amount to be released shall be the total amount of the collateral:

Less 100 percent of the costs of the required improvements not completed;

Less 100 percent of the cost of any required landscaping, which shall be retained for at least one year following the landscape installation to guaranty its survival; and

Less 100 percent of the contingency.

7.22.8.4

If the Administrator determines that any of the required improvements are not constructed in substantial compliance with specifications, it shall furnish the Applicant a list of specifications and shall be entitled to withhold collateral sufficient to insure substantial compliance.

7.22.9

Demand on Financial Guaranty.

If the Administrator determines that the Applicant will not construct any or all of the improvements in accordance with all required specifications, the Administrator may demand on the collateral of such funds as may be necessary to construct the improvements in accordance with the specifications.

7.22.10

Guaranty.

The applicant shall require his construction contractors, with whom he contracts for furnishing materials and for installation of the improvements required under this Section, that each obtains the proper financial guaranty under the SLDC, and shall furnish to the County a written guaranty of all workmanship and materials, that each shall be free of defects for a period of two years from the date of acceptance by the Administrator.

7.22.11

Inspection and As-Built Plans.

7.22.11.1

The Administrator, at its own expense, shall independently inspect the construction of improvements while in progress, and, shall likewise inspect such improvements upon completion of construction. The design engineer shall certify that construction was completed to plan, and shall have approved any change(s) to the approved plan in consultation with the Administrator. After final inspection, the Administrator shall notify the applicant in writing as to its acceptance or rejection. The Administrator shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein or were not per County approved plans.

7.22.11.2

The engineer for the applicant shall submit to the County staff a complete set of as-built drawings and photographs in reproducible hard copy and digital format showing all subdivision improvements, including utility locations (gas, water, sewer and telephone), paving and drainage improvements, and all changes made in the plans during construction. Each hard copy sheet shall contain an as-built stamp bearing the signature of the engineer and the date. Digital information shall be provided in a format specified by the Administrator.

7.22.12

Reimbursement.

Where oversized County, regional, federal or state facilities are required, or when public facilities are advanced by the owner, a special reimbursement procedure shall be provided for in the development order approving the final plat and in the development and subdivision improvement agreements, to reimburse the owner from funds received from subsequent developers utilizing a portion of the capacity of the public improvements in order to meet their adequate public facility and service requirements under the SLDC.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.23 OPERATION AND MAINTENANCE OF COMMON IMPROVEMENTS.

7.23.1

Generally.

All common infrastructure and improvements required by the SLDC shall be operated and maintained by the County or by a third party as required by this Section. The instruments creating the dedication, homeowners’ association (HOA), condominium association, easement, transfer, or improvement district shall be attached for review and approval to any application for a project that includes improvements for public use.

7.23.2

Dedication.

Dedication of land and/or an improvement to the County satisfies the requirements of this Section. Dedication shall take the form of a fee simple ownership. The County may accept an improvement if:

7.23.2.1

The improvement has been fully constructed;

7.23.2.2

Property dedicated is accessible to the general public;

7.23.2.3

There is no cost of acquisition other than costs incidental to the transfer of ownership (such as title insurance); and

7.23.2.4

The improvement conforms to the applicable standards of the SLDC.

7.23.3

Homeowners’ Association.

7.23.3.1

Improvements that are owned in common by all owners of lots or units in a subdivision or condominium are required to be operated and maintained by a homeowners’ association (“HOA”) established in the covenants, conditions, and restrictions (“CC&Rs”) adopted as a condition of development approval. The CC&Rs shall provide that, in the event that the association fails to maintain the improvements according to the standards of the SLDC, the County may, following reasonable notice and demand that deficiency of operation or maintenance be corrected, enter the land area to repair, operate, or maintain the improvement. The CC&Rs shall provide that the cost of such repair, operation or maintenance shall be the responsibility of the HOA, which shall be required by the CC&Rs to levy an assessment to be charged to all owners.

7.23.3.2

The HOA shall be formed and operated under the following provisions:

The HOA shall be organized by the developer, and shall be operated with a financial subsidy from the developer prior to the sale of an adequate number of lots or units within the development or condominium to effectively operate the HOA;

Membership in the HOA is mandatory for all purchasers of homes and their successors, although owners of affordable units may be charged a lesser rate. The conditions and timing of transferring control of the HOA from developer to homeowners shall be identified;

The HOA shall be responsible for maintenance of insurance and taxes on undivided improvements, enforceable by liens placed by the County on the HOA. The HOA shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues or assessments. Such liens may require the imposition of penalty or interest charges. Should any bill or bills for maintenance of undivided improvement be unpaid by November 1st of each year, a late fee shall be added to such bills and a lien shall be filed against the premises;

A proposed operations budget and plan for long-term capital repair and replacement of the improvements shall be submitted with the final plat or condominium declaration. The members of the HOA shall share the costs of maintaining and developing such undivided improvement. As provided in the HOA bylaws.

In the event of a proposed transfer, within the methods here permitted, of undivided improvement land by the HOA, notice of such action shall be given to the County and to all property owners within the development;

The HOA shall have, hire or contract for staff to administer common facilities and properly and continually maintain the undivided improvement;

The HOA may lease improvement lands to any other qualified person, or corporation, for operation and maintenance of park or open space lands, but such a lease agreement shall provide that:

The residents of the development shall at all times have access to the reserved park or open space lands;

The undivided improvement to be leased shall be maintained for the purposes set forth in the SLDC; and

The operation of improvement facilities may be for the benefit of the residents only, or may be open to the general public, at the election of the developer or HOA, as the case may be. The lease shall be subject to the approval of the board, and any transfer or assignment of the lease shall be further subject to the approval of the board. Lease agreements so entered upon shall be recorded with the register of deeds within thirty (30) days of their execution and a copy of the recorded lease shall be filed with the County.

Failure to adequately maintain undivided improvements in reasonable order and condition constitutes a violation of the SLDC. The County is authorized to give notice, by personal service or by U.S. Mail, to the HOA owner or occupant, as the case may be, of any violation, directly to the owner to remedy same within thirty (30) days.

7.23.3.3

Except for HOAs and boards with authority over condominiums or time-shares, HOAs and boards shall comply with and be bound by the requirements of the Homeowner Association Act (“HOA”), enacted by the New Mexico Legislature and compiled as NMSA 1978, sections 47-16-1 to 47-16-14, with an effective date of July 1, 2013. Such compliance shall include but not be limited to:

recording its declaration with the County Clerk if the HOA was organized after July 1, 2013;

recording with the County Clerk by June 30, 2014 a Notice of Homeowner Association if the HOA was organized before July 1, 2013;

making financial and other records of the HOA available to a lot owner within ten (10) business days of a request at no charge other than a reasonable copy fee;

furnishing to a lot owner within ten (10) business days of a request a binding, recordable statement setting forth the amount of any unpaid assessments against that owner’s lot;

requiring the HOA’s board, or lot owners if so provided in the community documents, to adopt an annual budget for the HOA and to provide a summary of that budget to all lot owners; and

furnishing to a lot owner within ten (10) business days of a request a Disclosure Certificate containing some eleven (11) enumerated categories of detailed information about the property, the property owner’s currency with associate assessments and fees, and the HOA’s books.

7.23.4

Condominiums.

The undivided improvement and associated facilities of a condominium may be controlled through the use of a permanent condominium agreement, approved by the County. All undivided improvement land within a condominium shall be held as a common element.

7.23.5

Easements.

7.23.5.1

The County may, but is not required to, accept easements for public use of any portion or portions of undivided improvement land, the title of which is to remain in ownership by a condominium or HOA, provided that:

Such easement is accessible to the County residents;

There is no cost of acquisition other than any costs incidental to the transfer of ownership (such as title insurance); and

A satisfactory maintenance agreement is reached between, as applicable, the developer, the condominium, the HOA, the owners, and the County.

7.23.5.2

An easement consisting of land dedicated as a natural area, greenway, or greenbelt shall be subject to a duly executed conservation easement meeting the requirements of, and enforceable in accordance with state statute, which easement shall be unlimited in duration.

7.23.6

Easements for Parks and Open Space.

For parks and open space only, an owner may transfer perpetual easements to a private, nonprofit organization among whose purposes it is to conserve improvements or natural resources such as a land conservancy instead of transferring an easement to the County, provided that:

7.23.6.1

The organization is a bona fide conservation organization with perpetual existence;

7.23.6.2

The organization is financially capable of maintaining such improvement;

7.23.6.3

The conveyance contains legally enforceable provisions for proper reverter or re-transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;

7.23.6.4

The organization shall provide a proposed operations budget and plan for long-term capital repair and replacement; and

7.23.6.5

A maintenance agreement is entered into initially by the developer and subsequently by the owners, HOA, condominium and the organization.

7.23.7

Improvement or Special Assessment Districts.

An improvement or special assessment district may be established pursuant to Chapter 12 with authority, as appropriate, to levy taxes, fees, charges, land dedications, or special assessments to provide, operate, and maintain parks and open space lands and facilities.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.24 SWIMMING POOLS.

7.24.1

Applicability.

Except for community-accessible swimming pools, indoor or outdoor swimming pools are prohibited for new development on any new lot being created. Only a development that received final plan or plat approval, or development plan approval, prior to the effective date of the enactment of the Santa Fe County Land Development Code, Ordinance No. 1996-10, may have a swimming pool, unless its final plan or plat approval, or development plan contained language that specifically prohibited a swimming pool or pools.

7.24.2

Restrictions on Construction of Swimming Pools, Temporary Restrictions on Construction of Swimming Pools.

7.24.2.1

Construction of a Swimming Pool is not permitted unless specifically approved pursuant to the provisions of this Ordinance.

7.24.2.2

The requirements of Section 7.24 may be waived upon a showing that construction and use of a Swimming Pool is necessary as treatment for a medical condition.

7.24.2.3

Construction of a Swimming Pool shall not be permitted during periods when the governing authority of the supplier of water to be used for filling and refilling the Swimming Pool has declared drought-related use restrictions or supply-related use restrictions, or when a water emergency is declared by Ordinance of the Board of County Commissioners.

7.24.3

New Construction of Swimming Pools.

Construction of a new Swimming Pool shall be permitted, so long as:

7.24.3.1

the property proposed for the Swimming Pool is not restricted with water restrictive covenants or otherwise to the extent that operation of a Swimming Pool on the premises is not feasible;

7.24.3.2

the water budget and restrictions, if any, on the property are adequate to permit filling the Swimming Pool initially, and refill the Swimming Pool thereafter with up to twenty percent of the Swimming Pool’s total volume annually;

7.24.3.3

the water supply proposed for the pool is adequate to supply water to fill the Swimming Pool initially and refill the Swimming Pool thereafter with up to twenty percent of the Swimming Pool’s total volume annually; and

7.24.3.4

the Swimming Pool is covered when not in use, except for a Community Swimming Pool.

7.24.4

Replacement Swimming Pools.

An existing Swimming Pool may be replaced with a Swimming Pool without being subject to the conditions set forth in Section 7.24.1, so long as:

7.24.4.1

the replacement Swimming Pool is of the same total volume as the pool being replaced;

7.24.4.2

the existing Swimming Pool was properly permitted under County ordinances in effect at the time of initial construction; and

7.24.4.3

the replacement Swimming Pool is covered when not in use.

7.24.5

Design.

7.24.5.1

Each outdoor Swimming Pool shall employ a means to conserve and utilize rainwater falling on the cover and adjoining deck area. Such captured water shall not be accounted for in the calculation of water availability for or used by the Swimming Pool.

7.24.5.2

Each outdoor Swimming Pool shall have an automatic pool cover that covers the pool when not in use or after a specified period of time. The automatic pool cover shall be kept in operable condition at all times.

7.24.5.3

Each new Swimming Pool shall have a draft fire hydrant, approved by the County Fire Marshal, through which the Fire Department may draw water from the pool to fight fires in the vicinity. The fire hydrant may be tested by the Fire Marshal upon advance notice.

7.24.5.4

Filtering systems employed on each new Swimming Pool shall employ a cartridge filter or other filtering system that does not require backwashing and which uses less than two hundred gallons of water for filter cleaning and maintenance.

7.24.6

Filling and Refilling the Swimming Pool.

7.24.6.1

A Swimming Pool may be filled using water from a well, a shared well, a community water system, the County’s Water Utility, a municipality, a mutual domestic water association, a water and sanitation district, or any other public water supply system regulated by the Public Regulation Commission. Trucked water may be used to fill and refill a Swimming Pool, but the fact that water is being trucked to the Swimming Pool shall not be used in making calculations of the ability of the relevant water source to fill and refill the Swimming Pool pursuant to Section 7.24.2.3 herein.

7.24.6.2

A Swimming Pool shall only be filled when absolutely necessary, and no more frequently than once each year, unless the Pool must be emptied to perform repairs.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.25 SPECIAL PROTECTION OF RIPARIAN AREAS.

7.25.1

Applicability.

This Section applies to any development depicted in documents or activities, including but not limited to a subdivision plat, land division or site plan.

7.25.2

Relation to Flood Prevention and Flood Control.

This Section and Section 7.18 of the SLDC (“Flood Prevention and Flood Control”) are related.

7.25.3

Beneficial Use Determination.

A person aggrieved by restrictions applicable to property pursuant to this Section may apply for a beneficial use determination pursuant to Section 14.9.8 of the SLDC.

7.25.4

Riparian Corridors.

Riparian corridors are established as described in Table 7-22. Distances specified shall be measured as the horizontal, linear distance from the stream bank. There shall be three zones of stream corridors, having the dimensions shown in Table 7-22. These areas shall be measured as shown on Figure 7.7.

Table 7-22: Definition of Stream Corridor Zones
(A) Corridor	Applicability			(E) Location and Required Width of Zone
(A) Corridor	(B) Perennial Stream	(C) Intermittent Stream	(D) Perennial Water Body	(E) Location and Required Width of Zone
Stream Side Zone	Yes	Yes	Yes	50 feet from stream bank
Managed Use Zone	Yes	–	–	50 feet from outer edge of stream side zone
Upland Zone	Yes	–	–	50 feet from managed use zone
Total corridor area	150	50	50	150 feet minimum from each side of stream bank

Figure 7.7: Riparian Corridors

7.25.5

Permitted Uses and Activities in Riparian Corridors.

Provided a specific use is permitted within the applicable zoning district, a use permitted in Column (A) of Table 7-23 is permitted within the applicable corridor zone as defined in Table 7-22. Such uses are restricted to the corridor zones indicated in Columns (B), (C), and/or (D) of Table 7-23.

Table 7-23: Permitted Uses Within Riparian Buffer Corridors
(A) Use	(B) Stream Side Zone	(C) Managed Use Zone	(D) Upland Zone
Trails, greenways, open space, parks or other similar public recreational uses and private recreational uses that do not require the use of fertilizers, pesticides, or extensive use of fences or walls.	P	P	P
Outdoor horticulture, forestry, wildlife sanctuary, and other similar agricultural and related uses not enumerated elsewhere in this table that do not require land-disturbing activities, or use of pesticides or extensive use of fences or walls.	P	P	P
Pastures or plant nurseries that do not require land-disturbing activities or use of pesticides, or extensive use of fences or walls.	P	P	P
Gardens, play areas, recreational uses and other similar uses that do not require the use of pesticides for routine maintenance.	P	P	P
Lawns, golf course fairways, play fields, and other areas that may require the use of fertilizers or pesticides.	N	N	P
Sidewalks, streets, bridges, and other similar transportation facilities	C	C	C
Accessory land-disturbing activities ordinarily associated with a single- or two-family dwelling, such as utility service lines, and similar uses.	N	P	P
Public maintenance of streets, bridges, other similar transportation facilities and/or public utility and storm drainage facilities.	P	P	P
Detention/retention basin and associated infrastructure.	N	P	P
Lakes, ponds, and associated infrastructure, such as dams, spillways, riser pipes, and stilling basins, which are located outside of the regulatory floodplain.	C	C	C
Stream and riparian area restoration and maintenance.	P	P	P

P = the activity is permitted as of right; N = the activity is prohibited; and C = the activity is permitted only upon approval of a conditional use permit or a subdivision application.

7.25.6

Development Standards in Riparian Buffers.

The following standards and criteria shall apply to any portion of a development or, as appropriate, to any land disturbance, within a riparian buffer:

7.25.6.1

Stormwater may be discharged from an impervious surface into a stream channel consistent with regulations of the Environmental Protection Agency pursuant to the Clean Water Act (33 U.S. Code section 1252 et seq.) and, as applicable, the County’s MS4 discharge permit as set forth in Section 7.19.

7.25.6.2

Streets and driveways shall be located, as much as practicable, parallel to the flow of water. Where a street, driveway, or utility line necessarily must cross a watercourse, such crossing shall be located and designed to allow convenient access by wildlife through and beyond such crossing, and shall be designed to safely convey floodwaters to the same extent as before construction of said crossing.

7.25.6.3

Streets and bridges shall be spaced at an average interval of at least 400 feet within the proposed development, and not closer than 200 feet from streets on contiguous property. This distance shall be measured from the edge of the paved surface.

7.25.6.4

Water supply, sanitary sewer, and on-site waste disposal systems shall be designed to:

Prevent the infiltration of floodwaters into the system;

Prevent discharges from the system or systems into floodwaters; and

Avoid impairment during flooding to minimize flood damage. Finished floor elevations to be served by sanitary sewer shall be at or above the rim elevation of the nearest upstream manhole cover. Sanitary sewer manholes shall be provided with locking, watertight manhole covers, or be elevated to a height sufficient to prevent submersion or infiltration by floodwaters. All sewer and sewer outfall lines shall use gravity flow to a point outside the riparian buffers.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)

§ 7.26 INFRASTRUCTURE AND RIGHT-OF-WAY DEDICATION.

7.26.1

Construction of Infrastructure Improvements.

All developments approved pursuant to the SLDC shall dedicate property and rights-of-way for and construct thereon public infrastructure improvements to, as required by the SLDC including, but not limited to, the following:

7.26.1.1

fire hydrants, fire lanes, emergency access roads and access gates as may be required by the New Mexico Fire Code and the Santa Fe County Fire Code;

7.26.1.2

streets, roads, curbs, gutters, signing, striping, traffic-control devices, and street lighting consistent with the standards established in the SLDC;

7.26.1.3

site grading and retaining walls;

7.26.1.4

fences, walls and landscaping required by the SLDC;

7.26.1.5

solid waste facilities required by the SLDC;

7.26.1.6

drainage or other facilities required to provide terrain and stormwater management, and flood or floodplain management pursuant to the SLDC;

7.26.1.7

landscaping, irrigation, amenities, and other improvements to common open space or parks provided pursuant to the SLDC;

7.26.1.8

connections and extensions to sanitary sewers or independent site-specific sewerage facilities pursuant to the SLDC;

7.26.1.9

connection to water mains or water facilities pursuant to the SLDC;

7.26.1.10

parks, trails and other facilities required by the SLDC:

7.26.1.11

other required utilities including natural gas, electricity, broadband or telephone facilities;

7.26.1.12

buildings to serve as fire stations, police substations, solid waste facilities, sewer facilities, water facilities, or other public buildings required to serve the development and made necessary by the application of an LOS; and

7.26.1.13

other facilities that may be required.

7.26.2

Dedication of Rights-of-Ways and Easements.

Any property proposed to be dedicated for a right-of-way or easement in connection with a development, whether related to required infrastructure improvements described in the previous paragraph or not, shall be dedicated before or concurrently with the recording of a subdivision plat, land division plat, or prior to issuance of a development permit for which a plat is not required. Rights-of-ways or easements shall meet or exceed the dimensional standards set forth in the SLDC.

7.26.3

Infrastructure Completion Agreement.

7.26.3.1

Any infrastructure improvements required for development shall be completed by the applicant in accordance with the SLDC and/or any plans and specifications submitted and approved pursuant to the SLDC.

7.26.3.2

If the infrastructure improvement is not constructed at the time of issuance of a development permit, the applicant shall enter into an infrastructure improvement agreement with the County to construct the infrastructure improvements. Unless specific infrastructure improvements are included in a voluntary development agreement, any infrastructure improvement shall be completed or the improvement agreement executed prior to the earliest of the following:

Recording of a subdivision plat or land division plat; or

Issuance of a development permit.

7.26.3.3

All infrastructure improvements shall be completed no later than two (2) years following the execution of an infrastructure improvement agreement, with additional time provided by the Administrator for good cause shown, not to exceed an additional two (2) years.

7.26.3.4

An infrastructure improvement agreement shall be accompanied by financial assurance that complies with Section 7.22 of the SLDC, in the amount of 110% of the total value of infrastructure improvements to be provided, as determined by an estimate provided by an engineer duly registered to practice engineering in the State of New Mexico.

7.26.4

Acceptance.

Once constructed, infrastructure improvements may be accepted by the County following an inspection. If acceptable, the infrastructure improvements may be accepted so long as the infrastructure improvements conform to the SLDC and any plans and specifications submitted and approved pursuant to the SLDC. Acceptance shall be made by the Administrator following the inspection, and shall be in writing.

7.26.5

Infrastructure Warranties.

Any infrastructure proposed for dedication to the County shall be accompanied by a written warranty for a period of one (1) year following acceptance. Any defects in design or construction arising within the warranty period shall be repaired or replaced at the sole expense of the applicant at no cost to the County if such occurs during the warranty period.

(Ordinance 2016-9 adopted 12/13/16; Ordinance 2021-03 adopted 7/30/21)