[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.]
Short title. This chapter may be referred to as the "Subdivision Ordinance of the City of Española, New Mexico."
Purpose. This chapter adopts subdivision regulations which:
Provide for the harmonious development of the municipality and its environs;
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;
Provide for adequate open spaces for traffic, recreation, drainage, light and air;
Provide for a distribution of population and traffic; and
Will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare.
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.
- BUILDING LINE
- A line on a plat between which line and a street no building may be erected.
- CITY MANAGER
- The City Manager for the City of Española, New Mexico, or his duly authorized representative.
- COLLECTOR STREET
- 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.
- DRAINAGE COURSE
- 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.
- EXPRESSWAY or FREEWAY
- 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.
- MAJOR THOROUGHFARE
- 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.
- MARGINAL ACCESS STREET
- A street parallel to and adjacent to a major thoroughfare which provides access from the thoroughfare to abutting properties.
- MASTER PLAN
- 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.
- MINOR INDUSTRIAL OR COMMERCIAL STREET
- 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.
- MINOR RESIDENTIAL STREET
- 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.
- PERFORMANCE BOND
- 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.
- PLANNING COMMISSION or COMMISSION
- 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.
- SECONDARY THOROUGHFARE
- 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.
- STREET WIDTH
- 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.
- SUBDIVISION CLASS 1
- 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.
- SUBDIVISION CLASS 2
- 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.
- TECHNICAL ADVISOR
- The individual or individuals designated to provide staff assistance for the Planning and Zoning Commission of Española, New Mexico.
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.
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.
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.
The location map shall show the following information:
The outline of the area to be subdivided, with approximate boundary dimensions.
Existing streets and roads and principal utility lines and storm drainways on adjoining properties to service the area.
North point, scale and date.
Total acreage within proposed subdivision.
Title of proposed subdivisions; names and addresses of subdivider, engineer and land surveyor.
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.
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.
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.
Minimum requirements for streets and alleys within a subdivision.
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.
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:
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:
The entire additional right-of-way shall be provided where the subdivision is on both sides of the street.
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.
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.
Street grades. Grades on major thoroughfares shall not exceed 5%. Grades on other streets shall not exceed 8%.
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.
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.
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.
Street jogs. Street jogs with center-line offsets of less than 125 feet shall not be allowed.
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.
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.
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.
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."
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."
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.
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.
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.
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.
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.
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.
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.
Preliminary plat requirements.
The preliminary plat shall show at least the following:
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.
The proposed location and width of all proposed streets, alleys, front setback lines, utility easements, and areas to be reserved for public use.
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.
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.
The layout, numbers and approximate dimensions and areas of proposed lots.
The zoning classification and proposed use for the area being platted.
Proposed names for all streets in the area being platted.
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.
The legal description of the areas being platted.
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.
The North point, scale (one inch equals 100 feet) and date.
The acreage of the land to be subdivided.
Any restrictions proposed to be included in the owner's declaration of plat.
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.
Such other information and material as may be applicable or required by ordinance or rules and regulations pertaining to utilities.
All preliminary plat requirements shall be submitted on one or more sheets of dimensions 24 inches by 36 inches.
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.
Approval and form of preliminary plat.
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:
"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."
Española Planning and Zoning Commission
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.
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.
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.
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.
Contents of final plat.
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.
Said final plat of the subdivision and accompanying documents shall show:
Boundary lines with accurate distances and angles.
Correct legal description, which shall refer to permanent monuments, number of each lot in progression, and dimensions of same.
Lines of all proposed streets and alleys with their width and names.
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.
Line of departure of one street from another.
Names and widths of adjoining streets and alleys abutting the subdivision.
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).
Building setback lines shown by narrow dashed lines.
Location of all easements provided for public use, services or utilities.
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.
Radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
Location of all survey monuments and their descriptions.
Name of the subdivision and the scale of the plat, North point, the name of the owner or owners, or subdividers and date.
Certificate of registered land surveyor, attesting to the accuracy of the survey and the correct location of all monuments shown.
Certificate of licensed engineer, attesting to the adequacy of and in compliance with engineering provisions and requirements.
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.
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.
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.
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.
Recommendation of approval of final plat by Commission.
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).
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:
"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."
Española Planning and Zoning Commission
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.
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:
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
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
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
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.
Approval or disapproval of final plat by the City Council.
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.
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.
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.
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.
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.
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.
Improvement requirements. The improvements to be installed shall include the following:
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.
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.
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.
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.
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.
Sidewalks for Class 1 subdivisions. Sidewalks for Class 1 subdivisions shall be required on both sides of all streets.
Sidewalks for Class 2 subdivisions. Sidewalks for Class 2 subdivisions are not required.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The technical advisor to the Planning and Zoning Commission is hereby authorized to approve and sign certain subdivision plats as follows:
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.
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.
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.
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:
Authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of the subdivision ordinance, resolution or regulation:
In conformity with NMSA 1978 §§ 3-19-1 through 3-19-12 and §§ 3-21-1 through 3-21-6:
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.
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.
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.