The process for initial naming of an unnamed road/street in the county service area shall be initiated with the Community Development Department. All applications for the naming of a road/street shall be submitted to the Community Development Department.
The following procedures shall apply in the naming of a road/street anywhere within the county service area.
The following procedures shall apply only for initial naming of a road/street. If during the course of the research stipulated in § 279-20A(4) it is found that said road/street is currently named, the petitioners will be given the option to continue the process, commenting with § 279-20A of this Ordinance, using the existing name of the road/street or to initiate the process as a name change procedure under Article VII of this Ordinance.
The official naming of a road/street shall not be construed as giving any person any greater legal right or rights to use said road/street than may have existed prior to the application of these procedures and the naming of said road/street. The sole and entire purpose of these procedures is to give public and private persons the ability to locate specific sites anywhere in Dona Ana County by reference to a system of road/street names and, where applicable, road/street addresses.
The official naming of a road/street in the county service area shall not be construed as placing on the County any greater degree of obligation than existed prior to the application of these procedures and the naming of said road/street.
A.
Petition signed by 100% of property owners.
(1)
A property owner interested in having the road/street on which his property fronts on, is adjacent to, or otherwise touches, may petition the Community Development Department for the naming of said road/street. The petitioner is instructed to pick up all necessary forms at the Community Development Department, 845 North Motel Boulevard, Las Cruces, New Mexico 88007. Good communication and cooperation among property owners is very important since this process can be simplified if all of the property owners involved agree on the proposed and alternative road/street names.
(2)
The petition submitted shall bear the signatures, one per parcel, of property owners representing 100% of the property which fronts on, is adjacent to, or otherwise touches, on the subject road/street. The petition must be dated and have a current mailing address for each petitioner. The petitioner shall include the proposed name, one alternative name and a site map.
(3)
The petitioners shall bear the cost of naming the street, including the costs of notification, publication, purchasing, installation and inspection of the sign as required herein, which costs shall be determined by the Engineering Department and the Community Development Department and shall be paid by petitioners at the time they present the petition to the Community Development Department.
(4)
The Community Development Department shall review the proposed name and proposed alternative name to assure that it is in compliance with Article IV and § 279-20A(2) of this Ordinance. The Community Development Department shall research the County records and any other applicable sources for duplication of road/street names within Dona Ana County.
(5)
If 100% of the property owners agree to the proposed name this application may be processed administratively by the Community Development Department. Administrative handling of the application does not require a public hearing.
(6)
If the proposed name is found to be in compliance with the stipulations of Article IV and § 279-20A(2) of this Ordinance, the new name shall be declared valid and will become effective 15 days from the date of the declaration of validity. This will allow the Community Development Department time to notify property owners and the appropriate public agencies of the new name.
(7)
Once a road/street has been initially named officially it cannot be renamed for a period of, at least five years, unless it can be demonstrated that failure to rename the road/street may jeopardize public health, safety and/or welfare.
B.
Petition signed by 51-99% of property owners.
(1)
A property owner interested in having the road/street on which his property fronts on, is adjacent to, or otherwise touches, may petition the Community Development Department for the naming of said road/street. The petitioner is instructed to pick up all necessary forms at the Community Development Department, 845 North Motel Boulevard, Las Cruces, New Mexico 88007. Good communication and cooperation among property owners is very important since this process can be simplified if all of the property owners involved agree on the proposed and alternative road/street names.
(2)
The petition submitted shall bear the signatures, one per parcel, of property owners representing 51-99% of the property which fronts on, is adjacent to, or otherwise touches, on the subject road/street. The petition must be dated and have a current mailing address for each petitioner, as well as the phone number of the original petitioner. The petitioner shall include the proposed name, one alternative name and a site map.
(3)
The petitioners shall bear the cost of naming the street, including the costs of notification, publication, purchasing, installation and inspection of the sign as required herein, which costs shall be determined by the Engineering Department and the Community Development Department and shall be paid by petitioners at the time they present the petition to the Community Development Department.
(4)
The Community Development Department shall review the proposed name and proposed alternative name to assure that it is in compliance with Article IV and § 279-20B(2) of this Ordinance. The Community Development Department shall research the County records and any other applicable sources for duplication of road/street names within Dona Ana County. All property owners shall be notified by certified mail of the proposed name or of the new proposed name if other than that specified on the petition and the reasons therefor.
(a)
If, after 15 days from the mailing date of the notice, no written objection has been received, the new name shall be declared valid and will become effective 15 days from the date of the declaration of validity. This will allow the Community Development Department time to notify property owners and the appropriate public agencies of the new name.
(b)
If, within 15 days from the mailing date of the notice, one or more written objections has been received, the Community Development Department shall initiate the process utilizing the alternative name. If the alternative name is rejected by any of the petitioners and if the disagreement is not resolved within 15 days of the written objection filing deadline, the case shall be brought before the County P & Z Commission for resolution at a public hearing. The Community Development Department shall request a hearing date not less than 10 days after receipt of the notice of appeal, or mediation deadline and shall publish, in a newspaper of general circulation, notice of such hearing at least once not less than 10 days before such hearing. Notice via certified mail shall be sent no later than 10 days before said hearing to all property owners involved informing them of the hearing and of the written objection to the proposed name.
(5)
If 50% or more of the property owners object to the name as proposed and make such objection in writing to the Community Development Department within 15 days of the mailing date of the notice the Community Development Department shall discontinue action and the petitioner will have to reinitiate the process proposing a different name and alternative name than was proposed in the original petition.
(6)
Following the public hearing, all property owners and appropriate public agencies shall be notified of the decision of the County P & Z Commission.
(7)
Once a road/street has been initially named officially it cannot be renamed for a period of, at least five years, unless it can be demonstrated that failure to rename the road/street may jeopardize public health, safety, and/or welfare.
C.
Naming initiated by community development department.
(1)
In order to promote the public health, safety and welfare, the Community Development Department may assign the name of a road/street on behalf of the County, after having conducted research of County records and other applicable sources for non-duplication of road/street names within Dona Ana County. Property owners affected will be notified of the action.
(2)
The petition submitted shall bear the signature of the Community Development Director. The petition must be dated and have a current mailing address for the Community Development Department, as well as the phone number of the Community Development Department.
(3)
The Community Development Department shall bear the cost of naming the street, including the costs of notification, publication, purchasing, installation and inspection of the sign as required herein.
(4)
Validity of name; objections.
(a)
If, after 21 days from the mailing date of the notice, 50% or less of the property owners object, the new name shall be declared valid and will become effective 15 days from the date of the declaration of validity. This will allow the Community Development Department time to notify property owners and the appropriate public agencies of the new name.
(b)
If, within 21 days from the mailing date of the notice, 51% or more written objections from the property owners has been received the Community Development Department shall assign the unnamed road/street a name in conformance with the Article 4. The new street name shall be declared valid and will become effective 15 days from the date of the declaration of validity.
(5)
Once a road/street has been initially named officially it cannot be renamed for a period of, at least five years, unless it can be demonstrated that failure to rename the road/street may jeopardize public health, safety and/or welfare.
(6)
If, in the judgement of the County Planning Director or his/her designee, it is necessary in the interest of public health and safety to name a road prior to commencing the process contained in this § 279-20C, the director or his/her designate may, upon the creation of a written finding that it is necessary to promote the public health, safety and welfare, name any unnamed road within its jurisdiction. The remaining steps outlined in § 279-20C must then be complied with, and the provisional naming given in this section may be changed according to the process outlined in § 279-20C.
D.
Proposal by subdivider.
(1)
All roads in a subdivision must have a name. New subdivision street names shall be proposed by the subdivider and shall follow the processes described in § 279-20A of this Ordinance. The proposed names should develop a sense of community for the subdivision.
(2)
New subdivision street names shall be approved by the Community Development Department. The subdivider shall present a list of proposed names to the Community Development Department for research and approval before the plat is approved. Approved street names in a subdivision shall have an official street sign which has been purchased, installed and inspected according to the provisions of this Ordinance as part of the required improvements.
(3)
The plat shall not be approved until it has been verified, by the Community Development Department, that the proposed names are in conformance with the provisions of this Ordinance.