[HISTORY: Adopted by the Mayor and Council of the City of
Española 1-3-1977 by Ord. No. 317 (Appendix B of the Code
of Ordinances). Amendments noted where applicable.]
A.
Short title. This chapter may be referred to as the "Subdivision
Ordinance of the City of Española, New Mexico."
B.
Purpose. This chapter adopts subdivision regulations which:
(1)
Provide for the harmonious development of the municipality and its
environs;
(2)
Coordinate streets within subdivisions with other existing or planned
streets or with features of the proposed master plan of the municipality
and of the territory lying within three miles of the municipality;
(3)
Provide for adequate open spaces for traffic, recreation, drainage,
light and air;
(4)
Provide for a distribution of population and traffic; and
(5)
Will tend to create conditions favorable to health, safety, convenience,
prosperity or general welfare.
C.
Jurisdiction and applicability. This chapter shall be applicable
to all of the territory within the present and future municipal boundaries
of the City of Española, New Mexico, and all territory within
three miles of such present and future municipal boundaries, and shall
be under the jurisdiction of the Planning and Zoning Commission and
City Council of the City.
The following words and phrases appearing in this chapter will
be defined and interpreted as set forth below. For this purpose, the
singular includes the plural and the plural includes the singular;
the words "shall" and "will" are mandatory; the word "may" is permissive;
and the masculine gender includes the feminine gender.
A public way used primarily as a service access to the rear
or side of a property which abuts on a street.
The distance measured along a street between intersecting
streets from center line to center line; and, where the context requires,
it also means the enclosed area within the perimeter of the streets
or property lines enclosing it.
A line on a plat between which line and a street no building
may be erected.
The City Manager for the City of Española, New Mexico,
or his duly authorized representative.
A street of relatively short length that serves as a connection
between a major or secondary thoroughfare and several minor streets.
The term includes the principal entrance streets of a residential
development and streets for major circulation within such a development.
An express agreement between two or more people to do or
not to do a certain thing. As used in these regulations, it refers
to a written, legally binding agreement between two or more property
owners or between one or more property owners and the City of Española
to do or not to do certain construction on land in any specific or
general manner. The covenant may stipulate certain penalties for contrary
actions such as reversion or transfer of ownership and/or conditions
under which the covenant may be released by either or both parties
or all parties involved.
A minor street with only one outlet and culminated by a turnaround
at the dead end.
A natural watercourse or indenture for the drainage of surface
waters.
A grant by the property owner of the use, for a specific
purpose, of a strip of land by the general public, a corporation or
a certain person or persons.
A high-capacity and high-speed major thoroughfare with partially
or fully controlled access to abutting properties.
A part or portion of a subdivision or other parcel of land
having fixed boundaries or designated on a plat of survey or other
parcel of land within a subdivision intended for the purpose, whether
immediate or future, of human occupation, rental, lease, transfer
of ownership or building development.
A street of considerable length that carries, or that planning
evidence indicates will carry, a large volume of traffic, and is usually
planned in conjunction with state or federal agencies and is not to
serve immediately abutting properties.
A street parallel to and adjacent to a major thoroughfare
which provides access from the thoroughfare to abutting properties.
The Comprehensive Plan-Española Planning Area, New
Mexico, revised, including maps and reports, or both, as adopted by
the City Council in February, 1972, and subsequently amended by the
Planning and Zoning Commission and/or the Española City Council.
A street of relatively short length that provides direct
access to an industrial or commercial district and is designed to
discourage its use by through traffic.
A street of relatively short length that provides direct
access to a limited number of abutting residential properties and
is designed to discourage its use by through traffic.
A surety bond or cash deposit made out to the City of Española
in an amount equal to the full cost of the improvements which are
required by this chapter, said cost being estimated by the City Manager
and said surety bond or cash deposit being legally sufficient to secure
to the City of Española that the improvements will be constructed
in accordance with this chapter.
The officially appointed Planning and Zoning Commission of
the City of Española, New Mexico.
A map, chart, survey, plan or replat certified by a licensed
or registered surveyor which contains a description of the subdivided
land with ties to permanent monuments.
That portion of the street available for vehicular traffic
and, where curbs are laid, the portion from back-to-back of curbs.
A street of relatively short length that carries a considerable
volume of traffic of more than neighborhood character and also serves
abutting properties.
All properties dedicated or intended for public or private
use for access to abutting lands or subject to public easements therefor,
whether designated as a street, highway, thoroughfare, parkway, throughway,
expressway, road, avenue, boulevard, lane, place, circle or however
otherwise designated.
The distance between lot lines measured at right angles to
the street center line.
Any persons, individual, firm, partnership, association,
corporation, estate, trust, or any other group or combination acting
as a unit, dividing or proposing to divide land so as to constitute
a subdivision as defined herein and includes any agent of the subdivider.
The division of land into two or more parts by platting or
by metes and bounds description into tracts of less than five acres
in any one calendar year for the purpose of sale, lease or rent, for
building purposes, laying out the municipality or any part thereof,
adding to the municipality, laying out suburban lots or resubdivision.
This definition shall be interpreted as follows: If an individual
or subdivider divides a parcel of land into two parts and retains
one part, that shall not be considered a subdivision. If an individual
or subdivider divides a parcel of land into two parts for the purpose
of sale, lease or rent, that shall be considered a subdivision.
A subdivision within the three-mile planning and platting
jurisdiction area outside the City of Española in which the
smallest lot has an area of less than 20,000 square feet and a width
of less than 100 feet, or any subdivision within the City of Española.
A subdivision within the three-mile planning and platting
jurisdiction area outside the City of Española in which the
smallest lot has an area of 20,000 square feet or more and a width
of 100 feet or more.
The individual or individuals designated to provide staff
assistance for the Planning and Zoning Commission of Española,
New Mexico.
A.
Plat; when required. It shall be unlawful for the owner, agent, or
persons having control of any land within the corporate limits of
the City or within three miles thereof of its corporate limits to
subdivide or lay out such land into lots, blocks, streets, avenues,
alleys, public ways and grounds unless by plat in accordance with
the laws of the State of New Mexico and this chapter.
B.
Location map and sketch plan to be submitted. Before preparation
of a preliminary plan, the subdivider shall first submit four prints
of a location map to the technical advisor of the Planning and Zoning
Commission for review and advice concerning the relation of the comprehensive
plan of the Española planning area to the proposed subdivision.
At the option of the subdivider, he may also submit a rough sketch
showing in general his proposed layout of the proposed subdivision
for a general comment from the technical advisor and/or the Planning
and Zoning Commission.
(1)
The location map shall consist of data added to an existing base
map such as a United States Coastal and Geodetic Survey, City or county
base map, covering an area of at least a one-mile radius from the
tract proposed for development.
(2)
The location map shall show the following information:
(a)
The outline of the area to be subdivided, with approximate boundary
dimensions.
(b)
Existing streets and roads and principal utility lines and storm
drainways on adjoining properties to service the area.
(c)
North point, scale and date.
(d)
Total acreage within proposed subdivision.
(e)
Title of proposed subdivisions; names and addresses of subdivider,
engineer and land surveyor.
C.
Preliminary plan to be approved. After review of the location map the subdivider shall file in the office of the technical advisor 10 prints of a preliminary plan for reference to the Planning and Zoning Commission and other officials as provided in § 294-7 of this chapter.
D.
Approval of final plat. Every person who desires to subdivide land shall furnish a plat of the proposed subdivision, 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 of such contiguous tracts, but not less than the minimum standard size required by the political subdivision, shall not require that a certificate of survey setting forth the legal description of tracts resulting from such resubdivision shall be filed with the municipal planning commission, the County Clerk and the County Assessor of the county in which the resubdivision is situated, and such filing shall be considered as a rededication of said described lots in all respects. The plat shall refer to permanent monuments and shall accurately describe each lot, number each lot in progression, 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. Description of the lots by number and plat designation are valid in conveyance and for the purpose of taxation. After approval of the preliminary plan by the Planning and Zoning Commission, the final plat shall be submitted to the same Commission for its recommendation of approval, the subdivider shall install the required public improvements according to the method required under § 294-8D, and the plat shall be submitted to the City Council for final approval, all as provided in § 294-8C and F of this chapter. No plat shall be recorded in the office of the County Clerk of Rio Arriba or Santa Fe County, New Mexico, unless and until the approval of the City Council has been endorsed thereon by the Mayor and City Clerk; and no lot shall be sold from such plat unless and until the plat is approved by the City Council and filed for record in the office of the County Clerk. Any subdivision lying within the platting jurisdiction of both the City of Española and Rio Arriba or Santa Fe County shall also be approved by the appropriate county board of commissioners in accord with NMSA 1953 § 14-19-8, as amended.[1]
[1]
Editor's Note: See now NMSA 1978 § 3-20-9.
No location map or preliminary plan shall be approved if, considering
the best interests of the public, the site is not suitable for plat
and development purposes of the kind proposed by reason of flooding
or adverse earth or rock formation. Lots subject to flooding and lots
deemed uninhabitable because of adverse earth or rock formation shall
not be platted for residential occupancy, nor for such other uses
as may increase danger to health, life or property or cause an additional
flood hazard, not compensated for by the drainage plan, to such property
or to other properties adjacent thereto, or which may be affected
thereby, but such land within a plat shall be set aside for such uses
as shall not be endangered by periodic or occasional inundation or
shall not produce unsatisfactory living conditions.
A.
Minimum requirements for streets and alleys within a subdivision.
(1)
Conformity to the major street plan. The location and width of all
streets shall conform to the latest Comprehensive Plan-Española
Area and to the provisions herein.
(2)
Street right-of-way widths. The minimum street right-of-way width
shall be as shown on the major street plan or, if not shown on such
plan, shall be not less than as follows:
B.
Additional width of existing or planned streets. Subdivisions that
adjoin existing or planned streets shall dedicate the right-of-way
as necessary to meet the minimum street width requirements set forth
in this section as follows:
(1)
The entire additional right-of-way shall be provided where the subdivision
is on both sides of the street.
(2)
When the subdivision is located on only one side of an existing or
planned street, 1/2 of the required additional right-of-way shall
be provided, which shall not be less than 30 feet. In no case shall
the resulting eventual right-of-way width be less than 50 feet, except
marginal access streets that shall not be less than 40 feet. The City
may require a one-foot deed for center lines of the right-of-way for
the eventual street, upon which a fence may be erected for this purpose.
Such access restriction shall be abandoned and placed to public use
upon the provision of the other 1/2 of the required right-of-way by
the adjacent subdivision upon its proper platting and acceptance by
the City.
C.
Restriction of access. When a subdivision or portion thereof adjoins
a major thoroughfare, no lot shall have direct access thereto. Said
lots shall be provided with frontage on a marginal access street or
street other than a thoroughfare with adequate depth for screen planting
of any such lot contiguous with said major thoroughfare.
D.
Street grades. Grades on major thoroughfares shall not exceed 5%.
Grades on other streets shall not exceed 8%.
E.
Street curves.
(1)
Horizontal curves. Where a deflection angle of more than 10°
in the alignment of a street occurs, a curve of reasonably long radius
shall be introduced, as follows: On streets 60 feet or more in width,
the center-line radius of curvature shall be not less than 300 feet;
on other streets not less than 100 feet.
(2)
Vertical curves. All changes in grade shall be connected by vertical
curves of minimum length in feet equal to 15 times the algebraic difference
in rates of grade for major thoroughfares and 1/2 this minimum length
for other streets. Profiles of all streets showing natural and finished
grades drawn to a scale of not less than one inch equals 100 feet
horizontal, and one inch equals 20 feet vertical, may be required
by the Planning and Zoning Commission, if topographic conditions warrant.
F.
Intersections. Street intersections shall be as nearly at right angles
as is possible, and no intersections shall be at an angle of less
than 60°. Four-way intersections shall be discouraged in residential
areas.
G.
Street jogs. Street jogs with center-line offsets of less than 125
feet shall not be allowed.
H.
Dead-end streets.
(1)
Minor residential streets that are also dead-end streets shall be
no more than 500 feet long unless necessitated by topography. They
shall be provided at the closed end with a turnaround having an outside
roadway diameter of at least 80 feet and a street right-of-way diameter
of 100 feet.
(2)
Where it is necessary to provide for street access to adjoining property
not yet subdivided, proposed streets shall be extended by dedication
to the boundary of such unsubdivided property. Such temporary dead-end
streets shall be provided with a temporary turnaround having a roadway
diameter of at least 80 feet.
I.
Private streets and reserve strips. Every subdivided lot shall be
served from a publicly dedicated street. There shall be no reserve
strip controlling access to streets, except where the control of such
strip is definitely placed with the City under conditions approved
by the City Council.
J.
Street names. A proposed street which is in alignment with and joins
on an existing and named street shall bear the name of the existing
street. In no case shall the proposed name of a street duplicate the
name of an existing street within the area covered by this chapter.
The use of a suffix "street," "avenue," "boulevard," "drive," "place,"
"court" or similar description shall not be a distinction sufficient
to constitute compliance with this chapter. In general, east-west
trending rights-of-way shall be called "streets," while north-south
trending ones shall be called "avenues." Dead-end rights-of-way shall
be called "courts," and short streets shall be called "place" or "drive."
K.
Alleys. Alleys 20 feet wide shall be provided to the rear or side
of all lots to be used for commercial or industrial uses. Alleys may
be required by the Planning Commission in apartment or multifamily
subdivisions. Dead-end alleys shall not be allowed; "L" shaped alleys
shall be bevelled 25 feet at the inside of the "L."
L.
Size of blocks. Block length shall not be less than 400 feet nor
more than 1,200 feet measured along the greatest dimension of the
enclosed block. In blocks over 800 feet in length, the Planning and
Zoning Commission may require one or more public crosswalks or rights-of-way
not less than 10 feet in width to extend entirely across the block
and at locations deemed necessary at intervals not closer than 400
feet. Block width shall be sufficient to allow two tiers of lots of
a minimum depth of 100 feet for each tier.
M.
Arrangement of lots. Side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot must front upon a public street not less than 40 feet in width. Lot dimensions shall conform to the requirements of Chapter 350, Zoning and Development, provided that the depth of a lot shall not exceed three times the width. Corner lots for residential use shall have the extra width to permit appropriate building setback from both streets. Lots with double frontage shall be avoided.
N.
Public use and service areas. In reviewing subdivision plats, the
Planning and Zoning Commission shall consider the adequacy of existing
or proposed community facilities to serve the additional dwellings
proposed by the subdivision. Subdividers shall provide areas for community
facilities normally considered desirable for serving residential areas
such as parks, playgrounds, athletic fields, schools, churches, libraries,
shopping centers and local business centers, tot parks and school
loading areas. Areas provided or reserved for such community facilities
shall be adequate to provide for building sites, play areas, landscaping,
and off-street parking as may be necessary for the use proposed. Subdividers
should confer with the Planning and Zoning Commission prior to the
preparation of final plats in order to develop suitable plans for
providing community facilities. Areas for community facilities may
be provided through dedication or sale to a public agency, including
a property owners' association. In all cases, suitable arrangements
shall be made, fixing responsibility for sponsorship and continued
maintenance of community facilities. Subdivisions shall conform to
the City of Española's plan for parks and recreational
areas and facilities.
O.
Public open spaces. Where a proposed school, neighborhood park or
recreation area shown on the Comprehensive Plan-Española Planning
Area is located in whole or in part in the applicant's subdivision,
the Planning and Zoning Commission may require as a condition of final
approval that such space within the subdivision be reserved and not
developed for a period not to exceed one year from the date of such
final approval so that within said period the appropriate public agency
may acquire said land in the manner provided by law and before it
is developed for some other purpose. If it is not so acquired and
no legal action is filed by such public agency within such period,
said reservation shall be of no further effect.
P.
Easements for utilities. Except where alleys are provided for the
purpose, utility easements not less than 10 feet in width shall be
provided along rear or side lot lines where necessary for use in erecting,
constructing and maintaining poles, wires, conduits, storm sewers,
sanitary sewers, surface drainage, gas mains, water mains, electrical
lines and other public utilities reasonably required for an urban
structure. At the request of the Planning and Zoning Commission, utility
companies are to be contacted by the City to determine easement width
needed. Whenever practical, all utilities shall be placed underground.
No building shall be erected on said easement. All final plats should
be accompanied with evidence that all utilities concur, and easements
indicated on the plat are suitable for their servicing the area.
Q.
Drainage courses. Where stormwater from adjacent areas naturally
passes through a subdivision, adequate provision shall be included
in the facilities to route the stormwater through the subdivision
to its natural outlet, including necessary easements and provisions
for lining and checking the rainways, if open, for the installation,
or provision for the installation, of storm sewer conduit. A report
by a civil engineer, registered in New Mexico, must accompany the
preliminary plat of a subdivision, giving the quantity, velocity and
depth of flow in all drainage courses at points of entering and leaving
the subdivision and at key points within the subdivision for flows
anticipated, after development of the area, from floods with an average
recurrence interval of 10 years and 25 years. The effect of such flows
at these points on hydraulic structures, streets, street intersections,
and private structures should be presented in the report. Any open
channel must be structurally lined with adequate checks to prevent
excessive velocities. The design requirements for storm sewer, flood
control easements and channels, and for hydraulic structures will
be provided by the technical advisor, who must approve plans and specifications
for these structures. Right-of-way easements for all open channels
shall be dedicated to the City.
Where a subdivision outside the corporate limits of the City
contains sewer, sewage treatment plants, water supply systems, park
areas, or other physical facilities necessary or desirable for the
welfare of the area and which are of common use or benefit, and which
the City does not desire to or cannot maintain, provision shall be
made by trust agreements made a part of the deed restrictions acceptable
to the City for the proper and continuous maintenance and supervision
of such facilities by the lot owners in the subdivision or until incorporated
within the City limits of the City of Española and other provisions
made therefor.
A.
Submission for review. Following review of a location map and sketch
plan (optional), any subdivider proposing to subdivide the land described
in said location map or portion thereof shall file in the office of
the technical advisor 10 prints of a preliminary plat for said subdivision.
Said preliminary plat shall be filed with the technical advisor at
least 15 days prior to the regularly scheduled meeting of the Planning
and Zoning Commission. The technical advisor shall deliver one print
to the City Manager, one for engineering review, one to each utility
affected and shall retain the remaining prints on file for transmittal
to the Planning and Zoning Commission. In the case of subdivision
outside the corporate limits of the City, the subdivider shall transmit
the required number of copies of the preliminary plat to the appropriate
county manager as is required by the subdivision regulations of the
county in which the subdivision is located. In the case of a subdivision
outside the corporate limits of the City planning the use of a private
utility system, the technical advisor shall notify the Public Service
Commission and the State Environmental Improvement Agency of the plans
and request that a representative review the plat.
B.
Preliminary plat requirements.
(1)
The
preliminary plat shall show at least the following:
(a)
The location of all present property lines, municipal boundaries,
section lines, streets, buildings, watercourses and other existing
features within the area to be subdivided and similar information
(except buildings and property lines) regarding land immediately adjacent
thereto.
(b)
The proposed location and width of all proposed streets, alleys,
front setback lines, utility easements, and areas to be reserved for
public use.
(c)
Existing utilities, drainage courses and culverts, within the
tract or on streets immediately abutting thereto; the location and
size of the nearest water mains and sewer lines.
(d)
The title under which the proposed subdivision is to be recorded
and the name of the engineer, the registered land surveyor and the
subdivider and owner of the tract, with the address to which any notice
is to be sent.
(e)
The layout, numbers and approximate dimensions and areas of
proposed lots.
(f)
The zoning classification and proposed use for the area being
platted.
(g)
Proposed names for all streets in the area being platted.
(h)
Written and signed statements explaining how and when the subdivider
proposes to provide and install all required sewer or other disposal
of sanitary wastes, pavement, sidewalks, drainage structures and water
supply system.
(i)
The legal description of the areas being platted.
(j)
Contours referred to the United States Coastal and Geodetic
Survey datum with intervals of five feet or less in all areas, except
in the floors of the river valleys where two-foot intervals shall
be required.
(k)
The North point, scale (one inch equals 100 feet) and date.
(l)
The acreage of the land to be subdivided.
(m)
Any restrictions proposed to be included in the owner's
declaration of plat.
(n)
Subsurface conditions on the tract, if required by the Planning
and Zoning Commission, including such information as the location
and results of tests made to ascertain subsurface soil, rock and groundwater
conditions; depth to groundwater; soil percolation and any other subsurface
conditions.
(o)
Such other information and material as may be applicable or
required by ordinance or rules and regulations pertaining to utilities.
(2)
All preliminary plat requirements shall be submitted on one or more
sheets of dimensions 24 inches by 36 inches.
C.
Hearing on preliminary plat. A public hearing upon such proposal
for subdivision as stated in the preliminary plat shall be had before
the Planning Commission not later than its third regular meeting following
filing. Notice thereof shall be given by the technical advisor on
behalf of the Commission by mailing a notice to the person or persons
who filed the preliminary plat at the address set forth in the filed
papers. The cost of publication for public notice will be paid by
the subdivider.
D.
Approval and form of preliminary plat.
(1)
If, upon the conclusion of such hearing, the Commission shall find
that such preliminary plat satisfies the requirements of this chapter,
the Chairman of the Commission shall endorse approval thereof in substantially
the following language:
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"The proposed plan of subdivision as shown in the preliminary
plat herein is approved and the Commission now is ready to receive
the final plat of said subdivision for consideration."
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Dated: ______________________
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Española Planning and Zoning Commission
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by:
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by:
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(2)
One print of said preliminary plat so endorsed shall be returned
to the subdivider by personal delivery or mail, and one print so endorsed
shall be retained by the Commission, and one print with said findings
and other shall be delivered to the subdivider in person or by mail.
(3)
A subdivider may submit to the Commission an amended preliminary
plat for the purpose of complying with any order of the Commission.
In such event, 10 prints thereof shall be so filed with the technical
advisor.
A.
Preparation of final plat by registered licensed surveyor and minimum
public improvements. Receipt by the subdivider of the print of the
preliminary plat approved by the Commission as aforesaid shall constitute
authority for the subdivider to proceed with further plans and specifications
for installation of public improvements in accordance with the minimum
standards established by this chapter and the preparation of a final
plat. The final plat must be prepared by a registered, licensed surveyor
of New Mexico as is required in NMSA 1978 § 3-20-2, as amended.
B.
Submission of final plat to Planning Commission. The final plat may,
in the discretion of the subdivider, constitute only such portions
of the tract covered in the preliminary plat as the subdivider proposes
to presently record and develop. If a final plat of the entire subdivision,
or of such portion as the subdivider proposes to presently record
and develop, is not submitted for approval within six months after
approval of the preliminary plat, such approval of the unfinalized
portions of the preliminary plat shall become null and void unless
an extension of time is applied for by the subdivider and granted
in writing by the Planning and Zoning Commission. Where a portion
of a plat has been approved as a final plat and has been developed,
and within six months after completion of such development an additional
final plat has not been submitted for additional approval, the provisions
of this subsection providing that it shall become null and void will
apply. Four prints of the final plat shall be filed with the technical
advisor at least 15 days before the next regular meeting of the Planning
and Zoning Commission.
C.
Contents of final plat.
(1)
The final plat shall be in conformity with the requirements of the
County Clerk and shall be an accurate drawing designating specifically
the land so laid out, and particularly describing the portions thereof
intended to be dedicated for public use. Said final plat shall be
drawn in black ink to a scale of not more than 100 feet to the inch
from an accurate survey. It shall contain one or more sheets of dimensions
24 inches by 26 inches. If more than two sheets are submitted, an
index sheet of the same dimensions shall be attached showing the entire
subdivision on one sheet and the component areas on the remaining
sheets.
(2)
Said final plat of the subdivision and accompanying documents shall
show:
(a)
Boundary lines with accurate distances and angles.
(b)
Correct legal description, which shall refer to permanent monuments,
number of each lot in progression, and dimensions of same.
(c)
Lines of all proposed streets and alleys with their width and
names.
(d)
Accurate outline of any portions of the property intended to
be dedicated for public use or for the use of the owners of lots fronting
or adjacent to the land, together with dimensions of same.
(e)
Line of departure of one street from another.
(f)
Names and widths of adjoining streets and alleys abutting the
subdivision.
(g)
All lots designated by numbers of letters and streets, avenues
and other grounds designated by names, letters or numbers, and designate
building numbers (street addresses).
(h)
Building setback lines shown by narrow dashed lines.
(i)
Location of all easements provided for public use, services
or utilities.
(j)
All dimensions, both linear and angular, necessary for locating
the boundaries of the subdivision, lots, streets, alleys, easements,
and other areas for public or private use.
(k)
Radii, arcs or chords, points of tangency and central angles
for all curvilinear streets and radii for rounded corners.
(l)
Location of all survey monuments and their descriptions.
(m)
Name of the subdivision and the scale of the plat, North point,
the name of the owner or owners, or subdividers and date.
(n)
Certificate of registered land surveyor, attesting to the accuracy
of the survey and the correct location of all monuments shown.
(o)
Certificate of licensed engineer, attesting to the adequacy
of and in compliance with engineering provisions and requirements.
(p)
Acknowledgement. Every plat shall contain a statement that the
land being surveyed, and the streets, alleys, easements, drainways
and other public ways appearing on the plat, are with the free consent
and in accordance with the desire of the undersigned owner and proprietor
of the land and are dedicated to the public use and shall be acknowledged.
(q)
Certification. A certification by the owner or owners and spouse,
if any, or a duly authorized attorney that there are no delinquent
taxes, suits, actions at law, easements, restrictive covenants or
rights-of-way affecting the property except those stated on the plat.
(r)
Affidavit. The plat shall also contain an affidavit by the City
that the proposed subdivision does lie within the planning and platting
jurisdiction of the municipality.
(s)
Separately signed approval blocks with the names of each utility
company involved typed under the signatures along with the date of
each signature. Signatures shall be obtained from the telephone company,
electric company, gas company, cable TV, the City Utilities Superintendent,
and the local health officer representing the State Environmental
Improvement Agency.
D.
Recommendation of approval of final plat by Commission.
(1)
When the subdivider has filed with the Planning and Zoning Commission
a final plat (and four prints thereof) for approval, the Commission
shall inform him that he is entitled to a public hearing on the plat
within five days' notice. Such hearing may be waived by the person
seeking approval of the plat (the subdivider).
(2)
Subsequently, when the Commission has determined that the plat conforms
to the previously approved preliminary plat, including any condition
which may have been required by the Commission in approving said preliminary
plat, and that said final plat meets all requirements of this chapter,
the following shall be printed or stamped upon the original plat and
plats thereof and signed by the Chairman of the Planning and Zoning
Commission:
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"This final plat of subdivision is recommended to the City Council
for approval, subject to certifications by the City Manager that all
arrangements for public improvements required by the Española
Land Subdivision Regulations have been made in accordance with the
requirements of Section 38."
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Dated: ________________________
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Española Planning and Zoning Commission
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by:
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Chairman
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by:
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Secretary
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(3)
The Planning and Zoning Commission shall then transmit the endorsed final plat and three prints thereof to the office of the City Manager for immediate reference to the City Council, with a letter of transmittal in duplicate calling attention to any variations or modifications of the requirements recommended by the Commission under § 294-10 of these regulations and setting forth its reasons for recommending the same. One print of said final plat so endorsed shall remain on file in the office of the technical advisor.
E.
Submission of final plat to City Council; certificate of City Manager.
Upon receipt of a final plat and prints thereof so endorsed by the
Planning and Zoning Commission, the City Manager shall refer the final
plat with said letter of transmittal to the City Council at its next
regular session. Thereupon, said plat shall remain pending on the
agenda of the City Council until the City Manager has certified thereon
that:
(1)
The public improvements required by this chapter have been constructed
in a satisfactory manner in accordance with the minimum standards
established by the City of Española; or
(2)
In lieu of such prior construction, the subdivider has filed with
the City Clerk a duly executed performance bond with a financially
qualified surety in an amount equal to 100% of the cost of the total
improvements and on all of the property abutting each such street;
or
(3)
The developer has presented copies of signed contracts containing
adequate financial assurance to the City providing for installation
of public improvements in a satisfactory manner in accordance with
the minimum standards established by the City of Española and
such contracts shall be cancellable only upon disapproval of the plat
by the City Council; or
(4)
The developer has entered into an agreement or contract with the
City providing for the installation of such improvements and pledging
the properties of the subdivision as guarantee that such improvements
will be installed, which contract and agreements, or such utilities
and public improvements, shall constitute a lien upon such property
as is provided in paving districts, water and sewer districts, etc.
Such contract may provide that the subdivider pay for such public
improvements made pursuant to the contract with the City on a block-to-block
basis as the subdivision is developed, providing for payment for such
improvements, as constructed, and the release of lien placed upon
such properties by the instrument of the City. Payment to the City
for these purposes shall be made at the time of development even though
the entire improvements, or a portion thereof, may be required to
be deferred, and such money shall be held in escrow by the City as
a trust fund for such purposes.
F.
Approval or disapproval of final plat by the City Council.
(1)
The City Council shall approve or disapprove a final plat within 35 days of the day that the provisions of Subsection E above have been complied with by the developer. If the City Council does not act within 35 days, the plat is deemed to be approved, and, upon demand, the City Council shall issue a certificate approving the plat. The person seeking approval of the plat may waive this requirement and agree to an extension of this time period. The reason for disapproval of a plat shall be entered upon the recordings of the City Council.
(2)
No plat of territory within the planning and platting jurisdiction
of the municipality shall be filed and recorded unless it has been
approved by the City Council, and endorsed by the Mayor and Clerk
of the City of Española.
G.
Approved plat filed with County Clerk; action upon disapproval. When
such final plat has been approved by the City Council and signed by
the Mayor and City Clerk and the filing fee, as required by the County
Clerk, has been received from the developer, it must be recorded in
the office of the County Clerk of Rio Arriba or Santa Fe County, New
Mexico, by the City. If the plat is not approved, the filing fee,
together with the final plat, is to be returned to the person submitting
the plat.
A.
Authorization for subdivider to construct public improvements. Receipt
of the signed copy of the preliminary plat is authorization for the
subdivider to proceed with the preparation of plans and specifications
for the minimum improvements that will be required. Prior to the construction
of any improvements, the subdivider shall furnish the City Manager
with all plans, information and data necessary for the construction
of said improvements. These plans shall be examined by the City Manager
and will be approved if in accordance with the following requirements.
Following the approval, construction can be started. The subdivider
may prepare and secure approval of the preliminary plat and then install
improvements only in a portion of the area covered by the preliminary
plat.
B.
Completion of improvements. Plans for improvements shall be prepared by a qualified engineer registered in accordance with the laws of New Mexico. The improvements listed below shall be installed pursuant to the method decided upon under § 294-8E, and with the provision that no residence or other building shall be constructed until the street, water and sewer improvements, underground utilities, or storm drain provisions, as may be required, have been installed for the entire block in which the residence or other building shall be located. Sidewalks may be installed after the construction of each residence or other building.
C.
Improvements standards. Standards for design, construction, specifications
and inspection of street improvements, curbs and gutters, sewers,
sidewalks and drainage facilities shall be prepared by the City Manager,
plus similar standards for gas and water distribution facilities,
fire hydrants, sewage disposal, garbage disposal and sanitation facilities
shall be prepared by the City Manager in conformance with applicable
departmental requirements. Such standards, rules and regulations shall
be approved by the City Council and be on file in the City Manager's
office.
D.
Improvement requirements. The improvements to be installed shall
include the following:
(1)
Permanent markers. All subdivision boundary corners and the intersections
of street center lines shall be marked with a permanent monument.
A permanent monument shall be deemed to be concrete with a minimum
dimension of four inches, extending three feet below the surface of
the ground, or steel pipe firmly imbedded in concrete which extends
at least three feet below the surface of the ground. Should conditions
prohibit the placing of monuments on line, offset marking will be
permitted; provided, however, the offset courses and distances are
shown on the plat. A permanent benchmark shall be accessibly placed
within the subdivision, the elevation of which shall be referred to
the U.S.C.&G.S. data and accurately noted on the subdivision plat.
(2)
Street improvements. All streets shall be graded and the roadway
improved by surfacing under the supervision of the City Manager and
subject to his approval.
(3)
Class 1 subdivisions. Roadway surfacing for Class 1 subdivisions
shall include standard eight-inch-high curb and twenty-two-inch gutter
on both sides of the street no closer than 34 feet from the back of
one curb to the other, with the area between the curbs surfaced with
concrete or asphalt meeting the standard specifications of the City
of Española.
(4)
Class 2 subdivisions. Roadway surfacing for Class 2 subdivisions
shall consist of concrete or asphalt paving, at least 24 feet wide,
constructed in accordance with standard specifications of the City
of Española, with drainage ditches where appropriate with slopes
no steeper than two feet horizontal for each one foot vertical and
at least two feet deep.
(5)
Major streets. For streets designated as major streets on the official
Comprehensive Plan-Española Planning Area, the surfacing shall
be at a width determined by study of the technical advisor, recommendation
of the Planning and Zoning Commission, and approval of the City Council.
(6)
Sidewalks for Class 1 subdivisions. Sidewalks for Class 1 subdivisions
shall be required on both sides of all streets.
(7)
Sidewalks for Class 2 subdivisions. Sidewalks for Class 2 subdivisions
are not required.
(8)
Sidewalk standards. Whenever sidewalks are required or provided,
they shall have a minimum width of four feet where the right-of-way
permits and shall be constructed under the supervision of, and subject
to the approval of, the City Manager in accordance with standard specifications
of the City of Española. Sidewalks shall be located with backs
abutting the street right-of-way line.
(9)
Water lines for Class 1 subdivisions. The subdivider shall make necessary
arrangements to serve each lot from a water main of the Española
water system. Water lines for Class 1 subdivisions shall be installed
to at least the back side of proposed sidewalks before any paving
is installed.
(10)
Water lines for Class 2 subdivisions. The subdivider shall provide
an adequate supply of potable water to each lot in Class 2 subdivisions
by a water system approved by the State Environmental Improvement
Agency, with proper provisions for the maintenance thereof as required,
or shall serve each lot with a water main of the Española water
system, or where it is feasible and practical for an adequate water
supply to be made available for every lot by the individual lot owner,
to present evidence to this effect and include deed restrictions on
the final plat requiring any such individual water supply systems
to comply with the requirements of the State Environmental Improvement
Agency.
(11)
Sanitary sewers for Class 1 subdivisions. For Class 1 subdivisions,
the subdivider shall connect with the sanitary sewer system of the
City of Española and provide adequate sewer lines accessible
to each lot. Said sewers shall be constructed in accordance with the
standard specifications of the City of Española under the supervision
of the City Manager and subject to his approval. All lines which will
lie under paving shall be installed prior to paving.
(12)
Sanitary sewers for Class 2 subdivisions. Where a public sanitary
sewer is within 600 feet of a Class 2 subdivision, the subdivider
shall connect with the public sanitary sewer system and provide adequate
sewer lines accessible to each lot. Said sewers shall be constructed
in accordance with the standard specifications of the City of Española
under the supervision of the City Manager and subject to his approval.
Where lots cannot be connected with a public sewer system, provisions
must be made for sanitary sewerage facilities, consisting of a central
treatment plant or individual disposal devices for each lot, but the
subdivision plat shall include deed restrictions requiring that all
such disposal systems shall be constructed in accordance with the
specifications of the State Environmental Improvement Agency and under
the supervision of and subject to the approval of the City Manager.
(13)
Drainage. Adequate provision shall be made for drainage of stormwater
subject to the approval of the City Manager. Drainage improvements
shall maintain any natural watercourse and shall prevent the collection
of water in any low spot. In Class 2 subdivisions, drainage may be
by open channels located along the streets or along rear lot lines.
No lot shall be platted to obstruct natural water flow. Stormwater
drainage shall not be permitted to combine with sanitary sewers. In
Class 1 subdivisions, drainage channels must be lined and provided
with required checks or be installed in concrete storm sewer conduit
in accordance with the requirements shown on the Comprehensive Plan-Española
Planning Area, and as required by the City Manager for storm sewers.
(14)
Alleys. Alleys shall be graded to their maximum usable width
to a grade approved by the City Manager and shall be paved in the
same manner as streets.
(15)
Street signs. A four-way metal street sign shall be installed
at each street intersection by the City and billed to the developer.
The letters shall be at least four inches high. The signs shall be
green with white letters except for signs on state highways. Signs
on state highways shall meet the standards of the State Highway Commission.
A.
Where in the case of a particular proposed subdivision it can be
shown that strict compliance with the requirements of this chapter
would result in extraordinary hardship to the subdivider because of
unusual topography or other non-self-inflicted condition, or that
these conditions would result in inhibiting the achievement of the
objectives of this chapter, the Planning and Zoning Commission may
vary, modify, or waive the requirements so that substantial justice
may be done and the public interest secured, provided that such variance,
modification, or waiver will not have the effect of nullifying the
intent and purpose of this chapter or any utility regulations or other
requirement of the City or interfering with carrying out the Comprehensive
Plan-Española Planning Area.
B.
Application for any variance shall be submitted in writing by the
subdivider at the time the preliminary plat is filed and shall state
in full the grounds for the application and the facts relied upon
by the subdivider. The Commission shall give its written recommendation
thereon, at the time of its approval or disapproval of said preliminary
plat. Approval of any variation must be by a two-thirds vote of the
entire Commission.
C.
In no case shall any variation or modification be contrary to the
mandatory requirements of state law, nor be more than a minimum easing
of the requirements. In no case shall it have the effect of reducing
the traffic capacity of any street below that shown on the Comprehensive
Plan-Española Planning Area or be in conflict with any zoning
ordinance and map.
D.
In granting variances and modifications, the Planning and Zoning
Commission may require such conditions as will in its judgment secure
substantially the objective of the requirements so varied or modified.
These land subdivision regulations may be changed and amended
from time to time by the City Council, provided that such changes
or amendments shall not become effective until after a public hearing
has been held. Before such hearing, notice of same must be published
in a newspaper of general circulation in Española at least
15 days prior thereto.
A.
Whoever, being the owner, or agent of the owner, having control of
any land within the corporate limits of the City of Española
or within three miles of its corporate limits, subdivides or lays
out land into lots, blocks, streets, avenues, alleys, public ways
and grounds or whoever sells, transfers, leases or rents or agrees
to sell or negotiate to sell lots or parts of a subdivision by reference
to any exhibit of or by any other use of a plat or subdivision of
such land, before such plat has been approved as provided for in this
chapter and recorded in the office of the appropriate County Clerk,
shall be guilty of a misdemeanor and may, upon conviction, be fined
not more than $300 or imprisoned for not more than 90 days for each
lot transferred or sold, subdivided or laid out, or agreed or negotiated
to be sold, or may suffer imposition of both such fine and penalty
for each lot transferred or sold, subdivided or laid out or agreed
or negotiated to be sold. Any municipality, through its attorney or
other official designated by its governing body, may enjoin the transfer
or sale or agreement by action for injunction or may recover the penalty
by civil action.
B.
The designated official for the enforcement of this chapter shall
be the City Manager.
Until a final plat has been approved by the planning authority,
any official of a municipality or public utility company who shall
serve or connect the land within the subdivision and within the planning
and platting jurisdiction of a municipality with any public utility
such as water, sewer, electric or gas is guilty of a misdemeanor.
A municipality may require any utility connected in violation of this
section to be disconnected. This chapter shall not prohibit the extending
of the utilities through an area irrespective of its platting and
planning status after review and approval by the Planning and Zoning
Commission, which area may be subject to assessments for such improvements
in accordance with the rules and regulations of the City utilities
or public improvements requirements.
A.
The technical advisor to the Planning and Zoning Commission is hereby
authorized to approve and sign certain subdivision plats as follows:
B.
Any subdivision approved as authorized in this section shall be in substantial conformity with § 294-5 of these subdivision regulations. Approval by this summary procedure shall be enclosed on the plat or on the instrument of conveyance in lieu of a plat, and such approval shall be conclusive evidence of the approval of the City Planning and Zoning Commission.
The City Council of the City of Española may not locate,
construct or accept any street dedication until the street dedication
is first submitted to the Planning and Zoning Commission for approval
or disapproval. If disapproved by the Commission, the street dedication
may be approved by a two-thirds vote of all the members of the City
Council of the municipality having jurisdiction or of the Board of
County Commissioners having jurisdiction. A street dedication accepted
by the Planning and Zoning Commission or by a two-thirds vote of all
the members of the City Council or for the Board of County Commissioners
having jurisdiction shall have the same status as any other public
street.
A.
Any person or persons or any officer of the City of Española
jointly or severally aggrieved by any order or determination of the
Planning and Zoning Commission, its agents or employees may submit
to the City Council a petition duly verified, such petition constituting
an appeal, setting forth his dissatisfaction with the order or determination,
in whole or in part, specifying the grounds for appeal. Appeal shall
be taken within 10 days of the date on which the action appealed from
was taken.
B.
The Planning and Zoning Commission, upon notification of the submission,
shall forthwith transmit to the City Council all the papers constituting
the record upon which the action appealed from was taken, or certified
copies of the same.
C.
The Planning and Zoning Commission, upon notification of said submission,
shall forthwith transmit to the City Council all the papers constituting
the record upon which the action appealed from was taken, or certified
copies of the same. The City Council shall hear and decide such appeal.
When an appeal alleges that there is error in any order, requirement,
decision or determination by an administrative official, commission
or committee or in any order, resolution, or rule relating to subdivision
regulation, the City Council, by a two-thirds vote of all its members,
may:
D.
Appeal to the City Council shall be deemed to constitute a stay of
legal proceedings until said appeal is heard and decided by the City
Council.
E.
The aggrieved party may commence an action in the District Court
to vacate and set aside the order or determination of the City Council
on the ground that it is unlawful or unreasonable. The court shall
determine the issue from the evidence introduced, but the plaintiff
has the burden of establishing a prima facie case. The court may grant
relief by injunction, mandamus or any other extraordinary remedy.
In any action, the complaint shall be served with the summons. Appeal
may be taken from the judgment as in other civil cases. The trial
shall be de novo and shall be governed by the rules of civil procedure
of the District Court. Except as provided in this section, all processes
shall be served and the practice and rules of evidence shall be the
same as in civil actions.
F.
Appeal to the District Court shall be filed within 30 days after
final action by the City Council. Appeals which are not timely filed
shall be dismissed by the District Court.
