[Adopted 3-10-2009 by Ord. No. 242-09]
These guidelines shall be known as the "Santa Teresa Airport
Development Guidelines," hereinafter referred to as "guidelines."
They pertain to development at the Doña Ana County Airport
at Santa Teresa, hereinafter referred to as "Airport."
A.
Purpose. The purpose of these guidelines is to ensure high-quality
development, thus protecting and enhancing the investment of all those
locating at the Airport and to provide a basis for directing and evaluating
the planning, engineering, and architectural design of improvements
to each development site.
B.
Goals. The following goals form the basis for these Development Guidelines.
(1)
Economic: protection of property values and enhancement of investment.
(2)
Environmental: protection to minimize adverse impacts on the natural
environment, with due consideration for aviation safety.
(3)
Function: maintenance of acceptable planning, engineering, and architectural
design standards of facilities and sites, yet with enough flexibility
to respond to changes in market demand.
(4)
Visual: maintenance of variety, interest, and a high standard of
architectural and landscape design.
C.
Applicability. These guidelines shall apply to all properties at
the Airport and are in addition to any other local, state or federal
requirements. If a proposed project is of such scope as to require
waiver or variance to these guidelines, the applicant shall include
those requests in the written request for approval for the project,
and the Board of County Commissioners of Doña Ana County shall,
in its sole discretion, grant or reject said waiver or variance.
This article is enacted pursuant to the authority conferred
upon the Board of Commissioners of Doña Ana County by NMSA
§ 4-37-1 and NMSA § 3-39-16 et seq.
As used in these guidelines, the following terms shall have
the meaning given in this section unless a different meaning is clearly
required by the context:
The Doña Ana County Airport at Santa Teresa Airport
Advisory Board.
Any device that is used or intended to be used for flight
in the air and subject to regulation by the Federal Aviation Administration.
Examples include airplanes, helicopters, airships, gliders, powered-lift
and "ultra-lights."
When capitalized, means the Doña Ana Airport at Santa
Teresa, and all of the property, buildings, facilities and improvements
within the exterior boundaries of the Airport as depicted in the Airport
Layout Plan,[1] or as it may hereinafter be extended, enlarged or modified.
The Doña Ana County Board of Commissioners sitting
as the Airport Board of Appeals.
The designated individual or duly authorized individual appointed
by the County to administer and manage all operations of the Airport
and Airport facilities, and to supervise all Airport projects.
That portion of the Airport meant for taxiing, hover taxiing,
air taxiing, takeoff, landing, parking, loading or unloading, or any
other aircraft operation, and includes the aircraft parking aprons,
taxiways, runways, and safety areas.
Any person proposing to construct facilities on a leasehold.
An expanse of pavement intended for the maneuvering and parking
of aircraft.
Any structure intended for shelter, including all projections
or extensions, garages, outside platforms and docks, carports, canopies
and porches.
The minimum distance permitted from the outermost edge of
a building to another thing or boundary.
Fuels and oils stored in other than integral aircraft fuel
tanks.
When capitalized, the Board of County Commissioners of Doña
Ana County, or its duly authorized representatives and designees or
the County of Doña Ana as the context requires.
The Federal Aviation Administration.
Any building, pavement, equipment, or combination thereof,
which, when used in the manner designed, accomplishes specific functions
or purposes.
That portion of the United States Code commonly known as
the "Federal Aviation Regulations."[2]
Any thing which might affect the physical appearance thereof,
whether above or below the land surface, such as, but not limited
to, buildings, sheds, accessory buildings, water lines, sewers, electrical
and gas distribution facilities, loading area, parking areas, walkways,
aprons, walls, fences, lawns, hedges, plantings, trash enclosures,
telephone, utilities, signs, and exterior lighting.
A binding agreement between a person and the County to occupy
and/or use the Airport or a portion thereof.
That area or facility held under lease by a person from the
County.
The person(s) holding a lease from Doña Ana County
for a lot.
Any development site which is legally described in a lease
agreement.
Any vehicle, other than an aircraft, which is motorized.
The minimum distance between the edge of the paved area of
a motor vehicle parking lot and another thing or boundary.
Any individual, firm, partnership, corporation, company,
association, joint stock association, or governmental entity. It includes
trustees, receivers, assignees, employees, or similar representatives
of any of them.
Petroleum, oils and lubricants; any fuel or lubricating chemical
or oil.
The place where one principally resides; an abode; a dwelling,
habitation or domicile.
Employees of Doña Ana County.
Refers to any road, street or other similar throughway.
A strip of pavement intended for aircraft ground movement
from public infrastructure (aprons, taxiways and runways) to privately
held leaseholds.
A strip of pavement intended for aircraft ground movement
(similar to a street for motor vehicles) connecting runways and aprons
and intended for use by the general flying public.
A.
Duties.
(1)
Director of Community Development, Airport Manager and County staff.
The guidelines will be administered by the Airport Manager, Director
of Community Development and other involved members of the County
staff to fulfill the following responsibilities:
(a)
Interpretation of the guidelines.
(b)
Review plans for proposed airport development for consistency
with these guidelines; forward all requests for waiver or variance
of these guidelines to the County, with a recommendation regarding
the request.
(c)
Approve plans consistent with these guidelines.
(d)
Inspect and enforce the guidelines.
(e)
Ensure the developmental and financial viability of the Airport
as an ongoing concern and enterprise and make recommendations to the
County to ensure the same.
(2)
The County, in its sole and absolute discretion, shall have and retain
the authority to supersede, revise, amend, interpret, and grant variances
to these guidelines, and to determine the duration thereof. If a proposed
project is of such scope as to require waiver or variance to these
guidelines, the applicant shall include those requests in the written
request for approval for the project, and the County Commissioners
shall, in their sole discretion, grant or reject said waiver or variance.
B.
Procedures. Any person wishing to construct or modify facilities
at the Airport shall first submit a written request to the Airport
Manager requesting a permit to do so. Concurrently therewith, the
applicant shall submit a notification of proposed construction or
alteration to the FAA (FAA Form 7460). The Airport Manager and County
staff shall review the request.
[Amended 9-27-2011 by Ord. No. 235-2011]
(1)
In the written request, the applicant shall include the following
items.
(a)
The application shall include a description of the facilities and improvements to be constructed. All facility plans, construction, and maintenance shall comply with the provisions of § 125-28 and include the following subsequent subsections:
[1]
Leasehold, lot, building, pavement, and exterior loading and
storage area locations and dimensions; include the location and use
of any temporary improvements.
[2]
Building elevations (interior and exterior).
[3]
Building floor plans, to include dimensions.
[4]
Setbacks.
[5]
Drainage plan.
[6]
Erosion control plan.
[7]
Landscape plan.
[8]
Buffers, fencing and walls (dimensions, design, and purpose).
[9]
Security plan, if applicable.
[10]
Motor vehicle access and parking areas.
[11]
Pedestrian access plan.
[12]
Aircraft access and parking plan.
[13]
Utility plan and easements.
[14]
Exterior lighting plan.
[15]
Signage plan.
[16]
POL storage plan, if applicable.
[17]
If a hangar facility, the type and number of aircraft
to be based therein.
[18]
Type of activity to be conducted on the proposed
facility and associated leasehold specifically, and the airport generally.
(b)
The applicant shall provide the following financial documents
and instruments:
[1]
Prior to execution of a permit, a performance bond, or other
acceptable financial guaranty, will be required on all facilities
to be constructed by applicant. The bond will also require a maximum
of three months to elapse prior to start of construction and 12 months
to complete the project, all from the date of approval of the lease
by the State Board of Finance.
[2]
A resume of the principals and key employees of applicant, to
include directors and officers if applicable.
(2)
Following review of the applicant's submission by the County
staff, the applicant may apply for a building permit in accordance
with procedures in effect for doing so.
A.
Codes. All construction, alteration, moving, demolition, repair,
and use of any building or structure within a leasehold will be subject
to the provisions of the appropriate Doña Ana County Building
Code[1] and any other applicable federal, state or County regulations.
B.
Building specifications.
(1)
Buildings shall not exceed a height which penetrates the FAR Part
77 planar surfaces. Lessee shall adhere to FAR Title 43, Part 77,
requirements for notice of construction, including submission of FAA
Form 7460-1, "Notice of Proposed Construction or Alteration," no less
than 90 days prior to beginning any construction.
(2)
When required by the FAA or the County, the lessee shall install
and maintain obstruction lighting.
(3)
All buildings shall be designed to withstand winds of 85 miles per
hour.
C.
Minimum
specifications for hangars.
(1)
Stand-alone hangars (one single open bay) shall be constructed with
no less than 3,600 square feet of total floor area, including an aircraft
parking bay capable of containing, with the entry door closed, an
aircraft with no less than the following dimensions: wingspan of 41
feet, a nose-to-tail length of 35 feet, and a tail height of 13 feet.
The hangar shall have an aircraft entry door which shall have an opening
no less than 44 feet wide and 14 feet high into the aircraft parking
bay.
(2)
Multiple-bay hangars, including T-hangars, shall be constructed so
that each bay is capable of containing, with the entry door closed,
an aircraft with no less than the following dimensions: wingspan of
37 feet, nose-to-tail length of 29 feet, and a tail height of 11 feet.
Each aircraft parking bay shall have an aircraft entry door which
shall have an opening no less than 40 feet wide and 12 feet high into
the bay.
(3)
All hangars shall be connected by a paved aircraft entryway from
the aircraft entry door to the Airport's paved aircraft movement
surfaces (taxiways and aprons). The paved aircraft entryway shall
match the grade of the aircraft movement surface, and be no less than
35 feet wide, with a setback from any building of no less than 25
feet or as required by the County Fire Code.[2] Construction shall be suitable for the type of aircraft
hangared, but have no less than two inches of asphalt over a six-inch
base course of ninety-five-percent compaction, or four inches of reinforced
concrete.
D.
Exterior specifications for all buildings. The sides of all buildings
facing any street shall be faced with textured concrete, masonry,
stone, brick, terra cotta, stucco, or wood (redwood or cedar if unpainted).
Metal siding made to simulate the above materials is also acceptable.
All building surfaces made of concrete or metal shall be painted,
anodized, or otherwise colored. Natural concrete or metal finishes
are not permitted.
E.
All buildings and facilities shall be in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101; 47 U.S.C. 225).
F.
Temporary improvements. No temporary improvement, mobile home, office,
or outdoor storage area shall be installed or maintained on any lot
without the specific written approval of the Airport Manager. All
applications for approval of any temporary improvements will include
provisions for its dismantling and/or removal from the lot in question
not later than five days after construction completion. All temporary
improvements shall be in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101; 47 U.S.C. 225).
G.
Loading and service docks and areas.
(1)
Loading areas, loading docks, parking areas, and service areas shall
be constructed so that one use does not interfere with another.
(2)
Loading docks and service areas shall be screened from view from
the street using appropriate landscaping, fences, or walls.
(3)
All stand-alone mechanical rooms or mechanical equipment shall be
screened from a horizontal line of sight in all directions by landscaping,
screening fence, or walls.
H.
Storage areas and trash dumpsters.
(1)
No articles, goods, materials, machinery, equipment, plants, animals,
or similar items shall be stored or kept in the open, or exposed to
public view, within the area between the building setback line and
line along any street.
(2)
No outside storage of any articles, goods, materials, machinery,
equipment, plants, animals, or similar items (other than operable
aircraft, and operable aircraft support equipment) shall be permitted
on any leasehold, unless the items are screened from view from any
street by landscaping, screening fences or walls approved by the staff.
(3)
No storage shed or peripheral building shall be permitted except
as a temporary building during construction.
(4)
Exterior storage of waste materials is not permitted except in covered
containers and must be in an area enclosed by landscaping, screening
fences or a wall approved by the staff. Any such screening shall be
of sufficient height to visually screen any refuse and/or refuse storage
containers from any street.
(5)
No exterior display of products is permitted, except aircraft and
aircraft support equipment for rent or sale.
I.
K.
Site grading,
drainage, and retention.
(1)
A site plan indicating proposed grading and drainage must be approved
by the County staff before any construction is initiated. Any grades,
berms, channels, and swales shall be an integral part of the grading
and paved surface design.
(2)
All drainage plans will comply with the requirements of the Airport
Stormwater Discharge Plan which is available for viewing at the office
of the Airport Manager.
(3)
Pavement grades:
(a)
Apron grades shall not exceed a slope of 2% and shall not be
less than a slope of 1/2 of 1%.
(b)
Taxi lanes shall be domed, with the slope from center line no
less than a slope of 1/2 of 1%. Where required to accommodate unique
site drainage requirements, a taxi lane may have a constant cross
slope of no less than a slope of 1/2 of 1%.
(4)
Drainage facilities and structures.
(a)
All drainage facilities and structures shall be designed to
accommodate all stormwater generated by the developed portion of the
leasehold for a one-hundred-year storm, meaning the drainage of 2.5
inches of rain in a consecutive twenty-four-hour period from the developed
area of the leasehold.
(b)
Drainage off the leasehold must not reach any other leasehold,
or public property, unless continuation of the flow can be accommodated
by the adjacent property's drainage system, and those downstream.
(c)
Where existing upstream drainage enters the applicant's
leasehold, the applicant's drainage plan will accommodate the
drainage from the upstream source.
(d)
Retention of drainage on the leasehold through the use of basins
is permissible, but only if all drainage from the developed area of
the leasehold is directed to the basin by design. The minimum size
of the leasehold retention basin must accommodate 2.5 inches of rainfall
in a twenty-four-hour period.
(5)
Provisions shall be made to effectively accommodate the increased
runoff caused by disturbed or cleared land during construction.
(6)
Erosion prevention and control.
(a)
Plans shall expose the smallest practical area of cleared land
or fill areas during construction to reduce erosion caused by wind
or water.
(b)
The permanent surfacing and landscaping will be installed as
soon as practicable (growing season and watering considered) during
construction activities.
(c)
Temporary mulching, watering, or Environmental Protection Agency
approved chemical treatments shall be used until permanent surfacing
and landscaping can be completed.
L.
Landscaping.
(1)
All disturbed land areas of the leasehold must be landscaped, with
an appropriate irrigation plan which will prevent wind and water erosion.
(2)
Landscaping in accordance with the plans submitted must be installed
before issuance of a certificate of occupancy. If seasonal conditions
do not permit planting, interim erosion control must be approved by
the staff.
(3)
Consideration should be given to drought-tolerant materials.
M.
Buffers and fences.
(1)
Objects, structures and equipment other than aircraft shall be architecturally
compatible with the buildings on the leasehold or effectively shielded
from view from any street by landscaping, screening fences or walls
approved by the staff.
(2)
Screening fences and buffer areas shall be of a height at least equal
to that of the item being screened from view, and shall be architecturally
compatible with other building and facility features of the leasehold.
N.
Security. When a leasehold or improvement is located in such a position
as to form the boundary of a safety or security perimeter required
by state, County or federal regulation, the lessee shall construct
and maintain the required barrier to the standard required.
O.
Motor vehicle access, circulation, and parking.
(1)
No direct motor vehicle access will be permitted to the airside across
any leasehold, unless approved by the staff and maintained in accordance
with the Airport Security Plan or other Airport requirements.
(2)
Parking is prohibited on any street, apron, taxiway, or taxi lane.
(3)
Any leasehold fronting a street shall install continuous curb and
gutter along the pavement edge of said street, matching the construction
and grade of adjacent curb and guttering.
(4)
Parking requirements and standards for commercial tenants will be
decided on a case-by-case basis depending upon the type of commercial
use and the motor vehicle activity and needs that will be generated
by that use and using Chapter 250, Land Use and Zoning, as amended,
parking provisions as guidelines.[4]
P.
Pedestrian access and circulation.
(1)
Pedestrian access routes across a leasehold to the airside must be
approved by the Airport Manager, and must conform to the Airport Security
Plan or other Airport requirements.
(2)
Sidewalks shall be constructed with a four-foot minimum width and
comply with the Americans With Disabilities Act of 1990 (42 U.S.C.
12101; 47 U.S.C. 225).
(3)
Sidewalks shall be constructed from all parking areas to appropriate
building entrances.
Q.
Aircraft access and parking.
(1)
A frontage apron shall be constructed between the edge of the access
taxiway, taxi lane, or public apron, and the exterior wall of all
hangar doors. The frontage apron shall be at least as wide as the
hangar door opening. If the distance from the hangar door to the access
taxiway or public apron exceeds 40 feet, a taxi lane suitable to the
class of aircraft hangared may be constructed connecting the frontage
apron to the taxiway or public apron. The minimum width of this taxi
lane shall be 35 feet.
(2)
Where a common-access taxi lane is possible, the lessee will be required
to provide (construct and lease) 1/2 of the access taxi lane.
R.
Utilities.
(1)
Utility easements shall be provided along all lot edge lines, five
feet minimum.
(2)
All utility lines shall be underground, except hoses and movable
pipes used for irrigation or other purposes during construction, antennas,
or transformers.
(3)
Transformers shall be located with utility meters where possible
and shall be screened with landscaping, screening fences or walls.
(4)
A utility meter, if required by the authorized utility provider,
shall be installed by the lessee for each leasehold at the lessee's
expense.
(5)
It is the responsibility of the lessee to arrange for electrical,
gas, telephone, water and sewer lines and service from authorized
utility-provider-provided mains to the facility.
S.
Exterior lighting.
(1)
Lights shall not be placed to cause glare or excessive light spillage
off the leasehold. In no case shall lights be angled above the horizontal.
(2)
All lighting will comply with the New Mexico Sky Protection Act (NMSA
§ 74-12-1 et seq.), and other applicable Airport regulations.
(3)
All parking lot and driveway lighting should provide relatively uniform
illumination. Accent illumination is permissible at key points such
as entrances, exits, loading zones and drives.
U.
V.
Prohibited uses.
(1)
No use shall be permitted on any leasehold or lot that interferes
with the peaceful and quiet enjoyment of any other leasehold or lot,
or is in violation of any applicable Airport regulation.
(2)
Buildings are limited to uses for which they were approved during
the permitting process. Any change in use shall conform to restrictions
and requirements set forth in the County's Building Code,[6] Fire Code[7] or other applicable Airport regulations and must have
the prior permission of the County.
(3)
Flight activities not regulated by the FAA are prohibited.
(4)
Hot-air ballooning, glider operations, and parachuting are prohibited
unless approved in writing by the Airport Manager for specific dates
and times.
(5)
No facility on the Airport will be used as a residence. Crew rest
or areas for occasional overnight will be specified in building plans.
W.
Maintenance.
(1)
Each lessee shall maintain its buildings, landscaping, drives, aprons,
taxi lanes, parking lots, or other improvements in good and sufficient
repair, and shall keep such premises painted, lawns cut, shrubbery
trimmed, windows glazed, and otherwise maintain the lot and improvements
in an aesthetically pleasing and in a manner acceptable to the Airport
management.
(2)
Any improvements, planting, driveway, or parking lot service which
is damaged by any cause shall be repaired as promptly as the extent
of damage will permit.
(3)
Buildings which are vacant for any reason shall be kept locked; windows
shall be glazed in order to prevent entrance by vandals; and maintenance
shall continue as if occupied.
(4)
Grounds shall be maintained in a safe, clean, and neat condition
free of rubbish and weeds. Lawns shall be kept in a mowed condition.
Roads and pavements shall be kept true to line and grade and in good
repair. Drainage systems and basins shall be kept clean and free of
any obstacles. Fences and walls shall be maintained in good condition.
Undisturbed undeveloped areas for future use or expansion shall be
maintained in a natural state, or with ground cover as necessary to
ensure a neat appearance. Irrigation of undisturbed undeveloped areas
is not required.
X.
Road improvements. Depending upon the nature of commercial activity
and increased traffic generated thereby, it may become necessary to
make road improvements to Airport access at the expense of the applicant
and as required by County and state road standards.
A.
Storage. No one is authorized to store POL on the Airport without
written permission of the Airport Manager, except POL in aircraft
tanks, cells, and reservoirs.
B.
All bulk POL will be stored in designated fuel storage area (fuel
farm) in containers approved by the County Fire Code.[1] Any user who wishes to use the fuel farm for storage will
obtain prior written approval from the Airport Manager and pay any
established fees.
C.
Refueling and similar service trucks used by authorized FBOs and/or
recognized self-fuelers must be insured, with the Airport and the
County designated as additional named insured. Current proof of insurance
will be provided as required by Doña Ana County.
D.
POL trucks and associated tanks, meters and pumps must be inspected
on a recurrent basis by the appropriate authority. These vehicles
will be operated and parked in accordance with other Airport regulations.
E.
Fuel storage on individual leaseholds is prohibited. Oils and lubricants
may be stored on individual leaseholds in accordance with the County
Fire Code or any other Airport regulations.
F.
Used lubricants will be stored in containers designated for that
purpose and disposed of in accordance with other Airport regulations.
A.
This article will be enforced by the Director of Community Development,
Airport Manager, County codes enforcement officers and/or others as
designated by the County Manager.
B.
A person
convicted of a violation of this article shall be punished by a fine
not exceeding $300, imprisonment for a term not exceeding 90 days,
or both such fine and imprisonment. Each day the violation exists
may be considered a separate violation.
C.
In addition, the County may, at its discretion, sue for damages and/or
injunctive relief and may consider the violation a breach of the Airport
lease and seek its remedies as provided by the lease document.
A.
Any person aggrieved or any other officer or department of the County
affected by any decision of the Community Development Director may
appeal such decision to the Airport Board of Appeals.
B.
Appeals must be taken within 30 days of the decision being appealed
by filing a notice of appeal in writing with the Community Development
Director, with a copy to the Airport Manager, specifying the grounds
for the appeal, the right of the person to appeal and how the person
appealing is negatively affected by the decision. Within 15 days of
the receipt of a notice of appeal, the Community Development Director
shall transmit to the Airport Board of Appeals all of the papers constituting
the record upon which the decision appealed from was made.
C.
An appeal shall stay all proceedings in furtherance of the decision
appealed from, unless the Community Development Director from whom
the appeal was taken certifies to the Airport Board of Appeals, after
the notice of appeal has been filed, that by reason of the facts stated
in the certification a stay would cause imminent peril to life or
property. In such a case, the decision shall not be stayed except
by a restraining order granted by the Airport Board of Appeals or
by a court of competent jurisdiction on notice to the Community Development
Director and on due cause shown.
D.
The Airport Board of Appeals shall set a public hearing for the appeals
within 45 days of the filing of the notice of appeals and shall decide
the appeal within 30 days of the conclusion of the appeal hearing.
Upon the hearing, any party may appear in person or by agent or by
attorney.
E.
The Airport Board of Appeals may, by a majority vote of the members
present and voting and in conformity with the provisions of this article,
reverse, or affirm, in whole or in part, or modify the decision or
order or determination made by the Community Development Director,
and to that end the Board shall have all the powers of the Community
Development Director from whom the appeal was taken.
A.
Any person aggrieved by a decision of the Airport Board of Appeals,
any taxpayer or any officer or department of the County may file an
appeal pursuant to the provisions of NMSA § 39-3-1.1.
B.
Costs shall not be allowed against the Airport Board of Appeals unless
it appears to the Court that the Board acted with gross negligence,
in bad faith or with malice in making the decision appealed from.
