These land subdivision regulations are adopted and shall be
invoked to provide for the harmonious development of the town and
its concurrent planning and platting jurisdiction; to coordinate streets
within subdivisions with other existing or planned streets; to provide
for adequate open spaces for recreation, drainage, light and air;
to provide adequate infrastructure for proper development; and to
provide for a distribution of population and traffic all in a manner
which will tend to create conditions favorable to health, safety,
convenience and general welfare of the citizens of the town and the
concurrent planning and platting jurisdiction.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
A. Class
A subdivisions are those in which the average lot size is one acre
or less.
B. Class
B subdivisions have less than twenty-four (24) lots with an average
lot size greater than one acre.
C. Class
C subdivisions have more than twenty-four (24) lots with an average
lot size greater than one acre.
(Ordinance 99-05 adopted 1999)
These land subdivision regulations shall govern all subdivision
of lands within the corporate limits of the town and further shall
apply to the concurrent planning and platting jurisdiction with Taos
County.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
The commission shall not approve the subdivision of land if,
following thorough investigations by all agencies concerned, it is
determined that in the best interest of public health, safety or welfare,
the land is not suitable for platting and development purposes of
the kind proposed. Land subject to flooding and land deemed topographically
unsuitable for building, or for other reasons uninhabitable, shall
not be platted for residential occupancy, nor for such other uses
as may increase danger to health, safety or welfare or aggravate erosion
or flood hazard. Such land shall be set aside within the plat for
such uses as shall not be endangered by periodic or occasional inundation
or shall produce unsatisfactory living conditions.
(Ordinance 99-05 adopted 1999)
In all subdivisions, due regard shall be shown for all natural
features such as natural vegetation, watercourses, acequias, historical
and archaeological sites and structures and similar community assets
which, if preserved, will add, in the opinion of the commission, attractiveness
and value to the area.
(Ordinance 99-05 adopted 1999)
Approval of a subdivision by the commission shall not constitute
an acceptance by the town or the county, as the case may be, of the
streets, alleys, public ways, easements, parks or other public lands
dedicated on the subdivision plat by the owners. The dedication of
any or all of these lands for public use of any nature within the
town may be accepted by the town by action of the town council only,
or for dedicated lands lying outside the corporate limits of the town,
by the county by action of the board of county commissioners of Taos
County.
(Ordinance 99-05 adopted 1999)
The required improvements listed in this section shall apply
to all subdivisions within the town and the concurrent planning and
platting jurisdiction. The required improvements should be designated
and constructed in accordance with the development standards as listed
in chapter 16.20 of this title.
(Ordinance 99-05 adopted 1999; Ordinance 09-19 adopted 2009)
A. All
subdivision boundary corners and the intersections of street centerlines
shall be marked with one-half inch (1/2") rebar with cap. A permanent
bench mark shall be placed within the subdivision at a point accessible
to the public. The elevation of this bench mark shall be referred
to as USGS datum and said elevation shall be accurately noted on the
final plat.
B. In
addition to permanent monuments as required above, other monuments
of a type and design approved by the code administrator shall be located
and installed at such points as may be required.
(Ordinance 99-05 adopted 1999)
A. Public or private utility, storm drainage and street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the schedules listed in subsection
B [C] of this section.
B. See
chapter 16.20 of this title for all performance standards.
C. Table
6-2.1 of this section shows the minimum standards for utility, storm
drainage and street improvements by class of subdivision. Subdividers
are encouraged to exceed the minimum standards whenever possible.
TABLE 6-2.1. MINIMUM STANDARDS FOR SUBDIVISIONS
|
---|
Subdivision Class
|
Infrastructure Improvements
|
---|
Town Water and Sewer
|
Community Water and Sewer
|
On-Site Water and Sewer
|
Curb
|
Paving
|
Path
|
Sidewalk
|
Drainage
|
Utilities
|
---|
Class A
|
X
|
|
|
X
|
X
|
|
X
|
X
|
X
|
Class B
|
|
|
X
|
|
|
X
|
|
X
|
X
|
Class C
|
|
X
|
|
|
|
X
|
|
X
|
X
|
Town water and sewer:
|
Extend water and wastewater to subdivision from existing town
lines.
|
Community water and sewer:
|
Install community water and wastewater system.
|
On-site water and sewer:
|
Install individual water and wastewater systems.
|
Curb:
|
Provide curb and gutter for all streets.
|
Paving:
|
Pave streets.
|
Path:
|
Install public walking and bicycle paths.
|
Sidewalk:
|
Install sidewalks on all streets.
|
Drainage:
|
Provide proposed drainage.
|
Utilities:
|
Install utilities underground.
|
(Ordinance 99-05 adopted 1999)
A. Where
a proposed park, playground, school or other public use is necessary
in whole or in part in a subdivision, the commission may require the
public dedication or private reservation of such area within the subdivision
in those cases in which the commission deems such requirements to
be reasonable.
B. Where
deemed essential by the commission, upon consideration of the particular
type of development proposed in the subdivision, the commission shall
require a dedication or reservation of open space, other areas or
sites of a character, extent and location suitable to the needs created
by such development for public purposes, and maintained by the owners.
C. In
all subdivisions, the commission shall require the public dedication
or private reservation of at least ten percent (10%) of the total
gross acreage for usable open space. For the subdivider who is willing
to exceed the ten percent (10%) allocation of usable open space, the
density bonus available in the cluster overlay zone may be applied.
D. Where
a watercourse traverses the subdivision, the commission shall require
a minimum of twenty-five feet (25') from the natural edges of the
watercourse to be placed into a public easement.
E. Lakes,
ponds, creeks and similar areas may be accepted by the town for maintenance
only if sufficient land is dedicated as a public recreation area or
park or if such area constitutes a necessary part of the drainage
control system. Such areas must also be approved by the Taos County
planning and zoning commission and the Taos County board of commissioners,
when located outside of the town limits.
(Ordinance 99-05 adopted 1999)
A. Prior
to filing an application for approval of a preliminary plat, the subdivider
shall confer with the code administrator to become acquainted with
this title and other applicable regulations. The subdivider should
then submit to the code administrator a sketch plan complying with
this section in order to determine the feasibility of the subdivision
plan. It is recommended that the subdivider employ a competent land
planner, land surveyor or engineer to assist in the development of
the proposed subdivision.
B. The
submittal of a sketch plan does not require a formal application,
fee, or the filing of a plat, but is a formal step in the subdivision
approval process. Furthermore, the code administrator does not assume
any responsibility for a lack of understanding of this title or any
other applicable regulations on the part of the subdivider. Any advice
or opinion as to the feasibility of the proposal expressed by the
code administrator shall not bind the town regarding any subsequent
actions of the code administrator or the commission relative to the
proposal.
C. Within
thirty (30) days from submittal, the code administrator shall inform
the subdivider that the sketch plan and data, as submitted or as modified,
apparently do or do not meet the objectives of this title and other
applicable regulations. If the code administrator finds that the sketch
plan and supplementary data do not meet the objectives of this title
and other applicable regulations, then the code administrator should
provide information in writing to the subdivider in order to aid the
subdivider in bringing the plan into conformance.
D. Following
review by the code administrator, the sketch plan shall be reviewed
by the planning and zoning commission at a preliminary presentation,
pursuant to subsection 16.12.040.5.D of this title.
(Ordinance 99-05 adopted 1999)
A. After
review of the sketch plan has been completed, the subdivider shall
prepare or cause to be prepared a preliminary plat of subdivision,
together with improvement plans and other supplementary material as
required by this title.
B. A
sufficient number of copies of the preliminary plat and supplementary
material and a completed application for approval of the preliminary
plat shall be submitted to the code administrator not less than fifteen
(15) days prior to the commission meeting at which it is to be considered.
The number of required copies will be determined by the code administrator.
C. The
code administrator shall review the preliminary plat and supplementary
materials submitted, for conformity thereof to this title and all
other applicable regulations, and the code administrator shall provide
the commission with written findings together with a recommendation
that the preliminary plat be either approved, conditionally approved,
or disapproved. A recommendation to conditionally approve shall contain
the conditions, and a recommendation for disapproval shall contain
the reasons therefor.
D. The
subdivider shall provide public notice pursuant to subsections 16.12.040.5.H
and I of this title and notify, by registered mail, return receipt
requested, all owners of property located in whole or in part, within
two hundred feet (200') of the parcel to be subdivided, notifying
said property owners of the time and place of the public hearing at
which the preliminary plat is to be considered and describing the
proposed subdivision. The applicant shall further provide the code
administrator with all return receipts received as proof of notice.
Where a proposed subdivision faces on existing public streets, the
measurement of two hundred feet (200') shall be made from points on
either side of the street, excluding the street from the two hundred
foot (200') measurement.
E. The
commission shall review the preliminary plat and other material submitted
in support of the application, consider the code administrator’s
report and recommendations, and review negotiations with the subdivider
on changes deemed advisable and the kind and extent of improvements
proposed. The commission shall, within thirty-five (35) days, act
on the preliminary plat as submitted or modified, unless an extension
of time is applied for in writing by the subdivider and granted by
the commission. If the preliminary plat is conditionally approved,
the commission shall express the conditions, or if disapproved, it
shall state the reasons therefor.
F. The
action of the commission shall be noted on two (2) copies of the preliminary
plat, and such action dated and verified thereon by the signature
of the chairperson of the commission. Conditions, if any, shall be
referenced thereon and attached thereto. One copy shall be returned
to the subdivider and the other retained in the files of the code
administrator.
G. Approval
or conditional approval of a preliminary plat shall not constitute
approval of the final plat of subdivision. Rather, approval of the
preliminary plat shall be deemed as an expression of approval of the
layout submitted on the preliminary plat as a guide to the preparation
of the final plat which will be submitted for approval by the commission
and for recording upon fulfillment of the requirements of these regulations
and the conditions, if any, of a conditional approval of the preliminary
plat.
(Ordinance 99-05 adopted 1999)
A. The
final plat shall be presented to the commission as a continuance of
the public hearing of the preliminary plat.
B. The
subdivider shall provide public notice prior to final plat approval
pursuant to subsections 16.12.040.5.H and I of this title and notify,
by registered mail, return receipt requested, all owners of property
located in whole or in part, within two hundred feet (200') of the
parcel to be subdivided, notifying said property owners of the time
and place of the public hearing at which the final plat is to be considered
and describing the proposed subdivision. The applicant shall further
provide the code administrator with all return receipts received as
proof of notice. Where a proposed subdivision faces on existing public
streets, the measurement of two hundred feet (200') shall be made
from points on either side of the street, excluding the street from
the two hundred foot (200') measurement.
C. The
final plat shall conform substantially to the preliminary plat as
approved, and if desired by the subdivider, it may constitute only
that part of the approved or conditionally approved preliminary plat
which the subdivider proposes to record and develop at the time, provided,
however, that the final plat and the portion of the land to be subdivided
conform to all requirements of this title and all applicable town
ordinances and regulations; and provided further that the commission
may require the subdivider to include in or exclude from the final
plat whatever part of the lands included in the preliminary plat which
it deems necessary for orderly development.
D. An
application for approval of the final plat shall be submitted in writing
to the code administrator not less than fifteen (15) days prior to
the commission meeting at which it is to be considered. The code administrator
shall also determine that all required filing and review fees have
been paid in full, and that the town or the county, as the case may
be, has received a proposed deed for public lands for park and recreation
facilities and/or proposed acceptable private reservation. Such proposed
deed or proposed private reservation shall not be recorded and shall
not take effect until and unless the final plat is recorded. The code
administrator shall submit written findings together with a recommendation
to approve or disapprove the final plat at the same time the final
plat is submitted for consideration by the commission.
E. The original drawing of the final plat and sufficient copies of it and all other exhibits required for approval shall be prepared as specified in section
16.24.030.6 of this chapter and shall be submitted with the application for final plat approval within twelve (12) months after approval or conditional approval of the preliminary plat. The number of copies will be determined by the code administrator. Otherwise, such preliminary plat approval or conditional approval shall become null and void unless an extension of time is applied for in writing by the subdivider and granted by the commission. If an extension of time is applied for, such application shall be submitted to the code administrator not less than seven (7) days prior to the commission meeting at which it is to be considered.
F. The
commission shall approve or disapprove a final plat within forty-five
(45) days from the date of the meeting at which it first considers
such plat, which date shall be considered as the date of final submission
of the final plat, unless an extension of time is applied for in writing
by the subdivider and granted by the commission.
G. If
the final plat is approved by the commission, such approval shall
be recorded on the face of the original drawing of the final plat
and on two (2) copies thereof and such approval shall be dated and
verified thereon by the signature of the chairperson of the commission
in the spaces provided, and such date and signatures shall be with
black ink; or if the final plat is disapproved by the commission,
the reasons for disapproval shall be referenced and attached to two
(2) copies of the final plat and such action shall be dated and verified
by the signature of the chairperson of the commission affixed to said
copies. In either event, one of the said signed copies shall be returned
to the subdivider and the other shall become part of the files of
the code administrator. If a final plat is approved, the original
drawing of the same shall be used in part for recordation purposes
and thereafter retained in the files of the code administrator. If
the final plat is disapproved, the original drawing shall be returned
to the subdivider. None of the requirements of this subsection shall
be modified or waived.
H. Final
plats shall be recorded with the Taos County clerk along with any
and all deeds, private reservations, easements, covenants and restrictions.
Final plats shall be recorded within five (5) days after the acceptance
by the town council or the Taos County commissioners as the case may
be, of the public dedications, if any, shown thereon, but not until
such acceptance. The acceptance of a public dedication by either the
town or the county does not necessarily imply the maintenance of such
dedication.
(Ordinance 17-01 adopted 2017)
A. General
subdivision information shall describe or outline the existing site
conditions and the proposed development, as necessary to supplement
the drawings required in this chapter.
B. Location
map which shall show the following:
1. Existing community facilities which serve or influence the proposed
development to include main traffic arteries, public transportation
lines, utilities, commercial facilities, schools, parks, employment
centers and other public or quasi-public facilities;
2. Existing land characteristics which may influence the proposed development;
3. Existing homes, other buildings, and existing zoning on surrounding
property.
C. Sketch
plan map shall show in simple sketch form the proposed layout of streets,
lots, proposed commercial, industrial or public areas and open spaces.
(Ordinance 99-05 adopted 1999)
A. General
subdivision information shall describe or outline the proposed development
as necessary to supplement the drawings required below.
B. Topographic
data required as a basis for the preliminary plat shall include existing
conditions as follows:
1. Ground elevations on the tract:
a. For land that slopes less than twenty percent (20%), elevation contours
shall be drawn at no more than two foot (2') intervals;
b. For land that slopes more than twenty percent (20%), either:
(1) Show contours with an interval of not more than five feet (5') if
ground slope is regular and such information is sufficient for planning
purposes; or
(2) Show contours with an interval of not more than two feet (2') if
necessary because of irregular terrain or the need for more detailed
data for preparing plans and construction drawings.
2. Subsurface conditions on the tract, if required by the commission:
Location and results of tests made to ascertain subsurface soil, rock
and ground water conditions; depth to ground water unless test pits
are dry at a depth of five feet (5'); and location and results of
soil percolation tests if individual sewage disposal systems are proposed.
3. Other conditions on the tract, if required by the commission: Watercourses,
marshes, rock outcrops, wooded areas, isolated preservable trees one
foot (1') or more in diameter, houses, barns, shacks, and any other
significant features.
4. Other conditions on adjacent land, if required by the commission:
Approximate direction and gradient of ground slope, including any
embankments or retaining walls.
C. Location
map shall show the following:
2. Easements: Location, width, purpose, and owner;
3. Streets on and adjacent to the tract: Name, right-of-way width and
location; type, width, and elevation of surfacing; legally established
centerline elevation; walks, curbs, gutters, culverts, etc;
4. Utilities on and adjacent to the tract: Location, size and invert
elevation of sanitary, storm and combined sewers; location and size
of water mains; location of gas lines, fire hydrants, electric and
telephone poles, and streetlights; if water mains and sewers are not
on or adjacent to the tract, indicate the direction, distance to,
and size of nearest ones, showing invert elevation of sewers;
5. Structures on and adjacent to the tract: Character and location of
buildings; other nonresidential land uses or adverse influences; owners
of adjacent unplatted land; for adjacent platted land refer to subdivision
plat by name, recording date and number, and show approximate percent
of development, typical lot size and dwelling type; zoning on and
adjacent to the tract;
6. Proposed public improvements on or adjacent to the tract: Highways
or other major improvements planned by public authorities for future
construction on or near the tract.
D. The
preliminary plat is to be drawn at a scale of one inch (1") to one
hundred feet (100') and shall show at least, the following:
1. All significant features determined from the topographic and location
maps;
2. Features of the proposed subdivision, including:
a. Streets.
Names, right-of-way and widths; approximate
grades and gradients; similar data for alleys, if any;
b. Right-of-way or easements.
Other right-of-way or easements;
location, width and purpose;
c. Utilities.
Location of utilities, if not shown on other
exhibits;
d. Lots.
Lot lines, lot numbers and block numbers;
e. Nonpublic sites.
Sites, if any, for multi-family dwellings,
shopping centers, churches, industry or other nonpublic uses exclusive
of single-family dwellings;
f. Public sites.
Sites to be reserved or dedicated for
parks, playgrounds, open space, schools or other public uses;
g. Minimum setback lines.
Minimum setback lines;
h. Site data.
Site data, including number of residential
lots, typical lot size and acres in public uses;
i. Acreage.
Total acreage of tract; and
j. Other.
Title (name of subdivision), developer, scale,
north arrow, and date.
3. Additional information to include:
a. Title and certificates.
Present tract designation according
to official records in the office of the Taos County clerk; title
under which proposed subdivision is to be recorded, with names and
addresses of owners, notation stating acreage, and location of bench
marks, certification number of the registered civil engineer or land
surveyor, and a metes and bounds legal description of the tract;
b. Profiles.
When required by the commission, the preliminary
plat shall be accompanied by profiles showing existing ground surface
and proposed street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision; typical cross-sections
of the proposed grading; roadways and sidewalks, and preliminary plans
of proposed sanitary and storm sewers with grades and sizes indicated;
c. Developer regulated land use.
Draft of easement, covenants,
conditions and restrictions, whereby the developer proposes to regulate
land use in the subdivision and otherwise protect the proposed environment
to be recorded; and
d. Improvements to subdivision.
Draft of agreement to complete
infrastructure improvement, whereby the developer declares his intention
to make agreed-upon improvements to the subdivision. Such obligation
shall be secured by an acceptable bond or letter of credit.
(Ordinance 99-05 adopted 1999)
A. Minimum requirements.
The final plat shall be drawn
in ink on Mylar, and shall be at a scale of one inch (1") to one hundred
feet (100'). Where necessary, the plat may be on several sheets accompanied
by an index sheet showing the entire subdivision. Sheets should be
no larger than that required for recording. For large subdivisions,
the final plat may be submitted for approval progressively in contiguous
sections satisfactory to the commission. The final plat shall show,
at least, the following:
1. Primary control points, approved by the commission, or descriptions
and “ties” to such control points, to which all dimensions,
angles, bearings and similar data on the plat shall be referred;
2. Tract boundary lines, right-of-way lines of streets, easements, and
other rights-of-way, and property lines of residential lots and other
sites; with accurate dimensions, bearing or deflection angles, and
radii, arcs, and central angles of all curves;
3. Name of each street and width of right-of-way;
4. Location, dimensions and purpose of any easements;
5. Number to identify each lot;
6. Purpose for which sites, other than residential lots, are dedicated
or reserved;
7. Minimum building setback line on all lots;
8. Location and description of monuments;
9. Names of record owners of adjoining land;
10. Reference to recorded subdivision plats of adjoining platted land
by record name, date and number;
11. Certification by surveyor or engineer certifying to accuracy of survey
and plat;
12. Certification of title showing that the applicant is the landowner;
13. Statement by owner dedicating streets, rights-of-way and any sites
for public uses; and
14. Title, scale, north arrow and date.
B. Streets.
Cross-section and profiles of streets showing
grades approved by the commission.
C. Certificate.
A certificate by a registered engineer
certifying that the subdivider has complied with one of the following
alternatives:
1. All improvements have been installed in accord with the requirements
of these regulations and with the action of the commission giving
conditional approval of the preliminary plat; or
2. A bond or irrevocable unconditional bank letter of credit has been
posted, which is available to the town, and in sufficient amount to
assure such completion of all required improvements.
D. Protective restrictions.
Protective easement, covenants
condition, restrictions in a form for recording.
E. Disclosure statement.
A disclosure statement containing the information listed in section
16.08.020.3 of this title, or section 47-5-4 New Mexico Statutes Annotated, 1978, if different.
F. Other data.
Such other certificates, affidavits, endorsements
or deductions as may be required by the commission in the enforcement
of these regulations.
(Ordinance 99-05 adopted 1999)
Every person who desires to resubdivide land shall furnish a
plat of the proposed resubdivision, prepared by a registered, licensed
surveyor of New Mexico; except that the resubdivision of platted tracts,
which are less than one acre and which are contiguous with each other,
for the purpose of increasing or reducing the size required by the
political subdivision, shall not require the furnishing of a plat
of the proposed resubdivision, provided that a certificate of survey
setting forth the legal description of tracts resulting from such
redivision shall be filed with the commission, the county clerk and
the county assessor, and such filing shall be considered as a rededication
of said described lots in all respects. The resubdivision plat shall
refer to permanent monuments and shall accurately describe each lot,
number each lot in progression, [and] give its dimensions and the
dimensions of all land dedicated for public use or for the use of
the owners of lots fronting or adjacent to the land. Descriptions
of the lots by numbers and plat designation are valid for conveyances
and for the purpose of taxation.
(Ordinance 99-05 adopted 1999)
A. Intent.
The intent of this section is to provide families within the
town municipal boundaries with a means of conveying real property
between immediate family members as defined below, and in a manner
consistent with the New Mexico Subdivision Act and the town subdivision
regulations.
Any person who desires to transfer residential real estate property
to an “immediate family member”, who is hereby defined
as a husband, wife, father, stepfather, mother, stepmother, brother,
stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter,
grandson, step-grandson, granddaughter, step-granddaughter, nephew
and niece, shall, at a minimum, meet the following criteria.
B. Criteria.
The following items shall be provided as part of the application
process:
1. A
survey plat showing the proposed lot configuration(s) of the family
transfer shall be submitted which complies with the minimum requirements
of the “Standards for Land Surveys in New Mexico” as adopted
by the New Mexico state board of licensure for professional engineers
and professional surveyors, 12.8.2 NMAC.
2. Copies
of deeds showing that the property has been in the possession of the
grantor for a minimum of five (5) years.
3. The
transfer of property can only be made from a grantor to an immediate
family member, specifically, “immediate family member”
shall include a husband, wife, father, stepfather, mother, stepmother,
brother, stepbrother, sister, stepsister, son, stepson, daughter,
stepdaughter, grandson, step-grandson, granddaughter, step-granddaughter,
nephew and niece.
Birth certificates or any other reasonable documentation to
show relationship to the claimed persons shall be submitted as part
of the application. Baptismal certificates are not acceptable documentation.
4. The
lots on the plat must show recorded easements for utilities and access
to all parcels that comply with all of the applicable criteria as
stated in the town land use development code and other applicable
town municipal ordinances.
5. All
parcels shown on the plat must meet the development standards for
the zoning district the property is located in.
C. Application
review process.
1. Upon
receipt of a completed application, the town development review committee
shall review the family transfer application and shall receive a written
approval from the individual departments which comprise this committee
prior to approving the application and the applicant shall demonstrate
through the proposed survey plat, warranty deeds, and other applicable
legal documentation that compliance with all of the requirements of
the development review committee prior to the code administrator approving
the proposed family transfer.
2. The
code administrator shall approve the new deeds after recordation of
the approved easements.
D. Future
transfers.
No further family transfers may occur with
any parcel transferred pursuant to this section for not less than
five (5) years from the recording of a deed completing the initial
transfer.
E. Penalties.
Failure to comply with the requirements of the town’s
development review committee, the code administrator, and any applicable
Taos County, State of New Mexico, or federal regulations shall be
cause for the code administrator to revoke the approved family transfer
and shall constitute a violation of this section subjecting the owner
of record to any remedies or penalties available as a matter of law
and equity.
(Ordinance 12-09 adopted 2012)
The purpose of this section
16.24.040 is to provide a summary procedure for the approval of subdivisions resulting in not more than two (2) parcels of land. Subdivisions which meet these criteria are exempt from the other procedural requirements set forth in this chapter.
(Ordinance 15-07 adopted 2015)
Applications for approval shall be submitted to the code administrator
on forms prepared by the town. The code administrator shall review
applications for:
A. Subdivisions
consisting of not more than two (2) parcels of land for sale;
B. Any
additional split of the same property cannot be applied for at intervals
of less than every five (5) years; and
C. All
other subdivision applications must meet all the procedural requirements
of this chapter.
(Ordinance 99-05 adopted 1999)
The code administrator shall administratively approve those
subdivisions which substantially comply with the requirements of this
title, and any applicable state law and deny all others. Items to
be reviewed shall include: property access, availability of utilities
and lot sizes according to zones in chapter 16.16 of this title.
(Ordinance 99-05 adopted 1999)
Notwithstanding any of the foregoing, the code administrator
may refer any application for approval under this alternate summary
procedure to the commission.
(Ordinance 99-05 adopted 1999)
The code administrator shall submit all subdivision plats to
the public works department for approval. The cost of relocating or
changing any town utilities shall be the sole responsibility of the
applicant.
(Ordinance 99-05 adopted 1999)
Approval by this summary procedure shall be endorsed on the
plat by the code administrator (or on the instrument of conveyance
in lieu of a plat) and such endorsement shall be conclusive evidence
of such approval. Such plat shall be recorded.
(Ordinance 99-05 adopted 1999)