A.
Establishment. The Planning and Zoning Commission shall consist of
not less than five members appointed by the Mayor with the consent
of the City Council. The Zoning Administrator/Code Enforcement Officer
shall be a nonvoting member of the Commission.[1]
B.
Terms of members. When first appointed, a majority of the members
of the Planning and Zoning Commission shall be appointed for one-year
terms and the balance shall be appointed for two-year terms. Each
subsequent term of a member shall be for two years or less in order
to maintain the original staggering of terms of membership. A vacancy
on the Commission shall be filled for the remainder of the unexpired
term.
C.
Powers and duties. The Planning and Zoning Commission shall have
the following regulatory powers and duties:
(1)
Elect one of its members Chairman for a one-year term, hold at least
one regular meeting each month, and keep a public record of its transactions,
findings, resolutions and determinations.
(2)
Make recommendations to the City Council on proposed amendments to
the text of the Land Subdivision Regulations and Comprehensive Plan.
(3)
Review annually the text of the Land Subdivision Regulations and
the Comprehensive Plan to determine whether each is current, that
no conflicts exist, and that they adequately reflect the goals and
objectives of the City of Socorro relating to the subdivision of land.
(4)
Relate its decisions to the needs of the City of Socorro as a political
entity and, where applicable, as a part of Central New Mexico, and
as a part of the State of New Mexico.
(5)
Review and act upon applications for the subdivision of land within
the platting and zoning jurisdiction of the City of Socorro.
D.
Procedures.
(1)
Public hearing. The Planning and Zoning Commission shall hold a public
hearing, in accordance with its rules and procedures, before acting
on any of the following matters:
(a)
Amendments to the text of the Land Subdivision Regulations.
(b)
Amendments to the Comprehensive Plan. In the event the Planning
and Zoning Commission should consider a proposed amendment to the
Land Subdivision Regulations, the Planning and Zoning Commission shall
simultaneously consider the substance of the proposed amendment as
a possible amendment to the Comprehensive Plan.
(c)
Applications for final approval of a subdivision.
(2)
Procedures in matters requiring public hearings. The following procedures
shall be followed in any matter upon which the Planning and Zoning
Commission is required to hold a public hearing:
(a)
Submission of applications. Applications shall be submitted
to the Zoning Administrator/Code Enforcement Officer on forms supplied
by the City. No application shall be accepted until it is complete
and satisfies all the requirements of this chapter.[2]
(b)
Authority to make application. Applications for amendments to
the Land Subdivision Regulations may be made by the City Council,
the Planning and Zoning Commission or the Zoning Administrator/Code
Enforcement Officer. Applications for subdivision of land may be made
by the owner of the land involved.[3]
(c)
Public notice. Notice of the public hearing, including a brief
description of the request, of the specific piece of property affected
(if any), and of the time, place and date of the public hearing to
consider the proposal submitted, shall be published in a newspaper
of general circulation in the City, one time, at least 15 days prior
to the hearing. Notice shall be posted at City Hall 15 days prior
to the hearing. All material submitted by the applicant in connection
with the application shall be available for public inspection.
(d)
Commission actions. The Planning and Zoning Commission shall
hold a public hearing at the advertised time and place. If the application
is for an amendment to the text of the Land Subdivision Regulations
or the Comprehensive Plan, the Planning and Zoning Commission shall
make recommendation to the City Council. If the application is for
the subdivision of land, the Planning and Zoning Commission shall
make a recommendation to the City Council to approve or disapprove
the application. The Planning and Zoning Commission may continue any
hearing to a date certain or subject to call pending further information
or deliberation. The applicant may, at any time and without prejudice,
withdraw the application, in which event no further consideration
shall be given to the application until it may be resubmitted. The
resubmission of an application shall be treated in all respects as
though it were a new application.
(3)
Approval.
(a)
Conditional approval. Previous to the filing of an application for preliminary approval of a subdivision, the subdivider shall submit to the Planning and Zoning Commission a sketch plan prepared in accordance with Article V of these regulations (see § 207-20). The Planning and Zoning Commission shall review the sketch plan to determine whether or not the plans and data meet the objectives of the Comprehensive Plan. The Planning and Zoning Commission may impose special conditions to ensure compatibility of the development with the surrounding area and with the Comprehensive Plan. When the sketch plan is approved or conditionally approved by the Planning and Zoning Commission, the development must be in accordance with the sketch plan as it may be modified by any conditions attached to the approval.
(b)
Preliminary approval. A preliminary plat and supplementary data, together with a written application for preliminary approval, shall be filed with the Zoning Administrator/Code Enforcement Officer for Planning and Zoning Commission consideration at least 10 days prior to the date of the Planning and Zoning Commission meeting. The subdivider shall comply with the requirements stated in the checklist for preliminary plats in Article V of these regulations (see § 207-21). The action of the Planning and Zoning Commission shall be noted on three copies of the preliminary plat, one copy of which shall be returned to the subdivider and two copies of which shall be retained by the Planning and Zoning Commission. Preliminary approval shall be deemed to have lapsed unless an application for final approval of at least part of the preliminary plat is made within one year of the date of preliminary approval.[4]
(c)
Final approval. The subdivider shall hire at his own expense a civil engineer or land surveyor who is registered in the State of New Mexico to prepare a final plat, conforming to the approved preliminary plat and Article V of these regulations (see § 207-22), together with improvement plans and other data. The final plat may include only a portion of the land shown on the preliminary plat. The final plat and other required exhibits, together with a written application for final approval, shall be filed with the Zoning Administrator/Code Enforcement Officer at least three weeks prior to the Planning and Zoning Commission meeting at which it is considered. The Planning and Zoning Commission shall approve, with or without modification, and forward to the City Council, or shall disapprove a final plat within 35 days of the date at which the application was originally considered or by the next regularly scheduled meeting. This time limit may be extended by mutual agreement of the Planning and Zoning Commission and the applicant.[5]
(d)
Summary approval. The Planning and Zoning Commission is authorized
to approve the subdivision of land into not more than two lots or
the resubdivision of previously platted lots by summary procedure
in accordance with the following requirements:
[1]
All lots must front on an existing, dedicated and improved street;
[3]
All lots must have the minimum street frontage required by Chapter 250, Zoning, and these regulations;
[4]
Proof of utility easements adequate to satisfy suppliers of telephone,
gas, water, electricity, sewer and cable TV facilities; and
[5]
Property owners of lands within 100 feet of the proposed subdivision
have been notified in writing and no written protests have been received.
(4)
Disapproval.
(a)
Not in compliance with regulations. The Planning and Zoning
Commission shall disapprove any proposed subdivision that does not
comply with these regulations.
(b)
Contrary to Comprehensive Plan, Zoning Ordinance or Official
Zoning Map. The Planning and Zoning Commission shall disapprove any
proposed subdivision if it determines that the proposed subdivision
would result in land use not in conformance with the Comprehensive
Plan, the Zoning Ordinance,[6] or the Official Zoning Map.
(5)
Appeals.
(a)
If the final plat is disapproved by the Planning and Zoning
Commission, the reasons for such action shall be stated in writing
to the subdivider.
(b)
Time for appeal. Any action of the Planning and Zoning Commission
in granting approval or conditional approval or disapproving applications
for a subdivision may be appealed to the City Council within 15 days
after the date of action. The day following the date of the action
shall be the first day of the fifteen-day period and the period shall
end at the close of business on the 15th day. If the 15th day falls
on a Saturday, a Sunday or legal holiday, the next working day shall
be the last day of the appeal.
(c)
Procedure on appeal. Appeal shall be taken by delivering a written
notice of appeal to the Zoning Administrator/Code Enforcement Officer.
The Zoning Administrator/Code Enforcement Officer shall forward the
notice of the appeal, together with the record of the proceedings
before the Planning and Zoning Commission, to the City Clerk, who
shall submit the matter to the City Council at the first regular meeting
of the Council following the filing of the appeal. The Council shall
set a date for a public hearing on the appeal. Written notice of the
time and place of the hearing shall be mailed at least 15 days before
the date of hearing to the appellant, to the applicant, to the owners
of properties within 100 feet of the boundary of the property affected
and to persons taking part in the hearing before the Planning and
Zoning Commission. Notice of the appeal shall be published in a newspaper
of general circulation in the City one time at least 15 days before
the date of the hearing and shall be posted at City Hall 15 days before
the date of the hearing.
(d)
Council action. The Council may affirm any action of the Planning
and Zoning Commission; or grant approval to the application with conditions
other than those which may have been imposed by the Planning and Zoning
Commission; or reverse the decision of the Planning and Zoning Commission
and approve, approve with conditions or deny the application. The
Council may refer the application to the Planning and Zoning Commission
for consideration of any new matters raised at the appeal, or the
Council may determine the appeal without such referral.
A.
Planning and Zoning Commission report. A written report of the recommendation
of the Planning and Zoning Commission on all applications for amendment
to the Land Subdivision Regulations shall be forwarded to the City
Council. The report shall contain a brief summary of the reasoning
behind the recommendations and any conditions of approval. The City
Council shall not amend the Land Subdivision Regulations until the
written report from the Planning and Zoning Commission has been received.
If the written report is not forwarded within two months after the
final public hearing on a proposed amendment, the Council may act
and the Planning and Zoning Commission's recommendation shall
be conclusively considered as approving the application.
B.
Action by the City Council. In acting upon any proposed amendment
to the Land Subdivision Regulations, the City Council is not acting
on an appeal of a decision of the Planning and Zoning Commission but
is exercising its legislative function.
A.
Public information. The Zoning Administrator/Code Enforcement Officer
shall maintain an office to supply the public with information about,
and interpretation of, the Land Subdivision Regulations and the Comprehensive
Plan.
B.
Enforcement. The Zoning Administrator/Code Enforcement Officer shall
determine whether a violation of this chapter is being committed.
If it is determined that such a violation is being committed, the
Zoning Administrator/Code Enforcement Officer shall give notice of
the determination to the person responsible for the violation. The
notice shall contain a statement of the right to appeal the determination
to the Planning and Zoning Commission. The notice shall contain a
statement that if the violation is not corrected within the fifteen-day
appeal period, or if the determination is not appealed, then the person
responsible may be prosecuted in Municipal Court for a violation and
an action to prevent the continued violation may be filed in District
Court.
C.
Permits, licenses and certification. Any application for a permit,
license, or certificate pertaining to the use of land or buildings
shall be subject to the approval of the Zoning Administrator/Code
Enforcement Officer. Any such permit, license, or certificate issued
in conflict with the provisions of this chapter shall be void.
D.
Summary procedure. The Zoning Administrator/Code Enforcement Officer is authorized to approve the subdivision of land into not more than two lots, to approve adjustments of lot lines, to correct errors in a plat, and to approve the recombination of no more than two lots into one lot by summary procedure where the combination or recombination does not increase the total number of lots. The requirements of § 207-3D(3)(d) must be met and the Zoning Administrator/Code Enforcement Officer shall endorse his approval summary procedure on the plat or record of conveyance before it is filed.
E.
Referral to Planning and Zoning Commission. The Zoning Administrator/Code
Enforcement Officer shall refer to the Planning and Zoning Commission
for action any matters pertaining to summary approval where more than
two lots are involved in the request; a variance from the provisions
of either the Zoning Ordinance[2] or these regulations is required; a written protest is
received; or if he believes that there are special conditions or circumstances
that justify referral of the request to the Planning and Zoning Commission.
Any application made in accordance with the provisions of this
chapter shall be filed with the Zoning Administrator/Code Enforcement
Officer. No application shall be considered as having been filed unless
it is on standard forms furnished by the Zoning Administrator/Code
Enforcement Officer and unless it contains all information required
by those forms.
Whoever shall subdivide land or commence construction on such
subdivided land prior to the approval of such subdivision by resolution
of the Commission and recordation in the office of the County Clerk
and Recorder shall be deemed guilty of a misdemeanor and, upon conviction,
shall forfeit and pay a penalty of $100 for each lot transferred or
sold or agreed or negotiated to be sold. The City of Socorro may enjoin
such sale, transfer, or agreement to sell by action for injunction
or may recover the penalty through civil action in District Court,
as provided by NMSA 1978, § 3-20-14.
Nothing in this chapter shall be deemed to require the approval
of the City Council and/or the Planning and Zoning Commission for
divisions of land for agricultural purposes in parcels of more than
10 acres, not involving any new street or easement of access. The
City shall also be exempt from the requirements of these regulations.
Where the Planning and Zoning Commission finds that extraordinary
hardships may result from strict compliance with these regulations,
it may recommend variance from these regulations so that substantial
justice may be done and the public interest secured, provided that
such variation will not have the effect of nullifying the intent and
purpose of the Comprehensive Plan or these regulations; provided,
further, that in no event shall any such variation constitute a waiver
of the City's right or obligation to enforce this chapter in
any other case.
Approval of a subdivision plat shall not constitute an acceptance
by the City of the streets, parks or other public improvements therein
dedicated for public use. Acceptance of such dedication shall be by
separate ordinance or resolution.
A.
Completion guarantee. The Planning and Zoning Commission shall grant
approval of the final plat after the following actions have been taken.
Such approval is expressly subject to final action by the governing
body of the City of Socorro.
(1)
A certificate has been made and accepted by the Commission to the
effect that the streets, sewers (with stubouts), water (with stubouts),
and other utilities and facilities as may be required have been graded,
improved, constructed or installed in accordance with specifications
and inspected at various stages of construction; or
(2)
A completion guarantee in the form of a bond, cash deposit, certified
check or negotiable securities has been filed with the City Clerk
which shall:
(3)
Proper dedication and restrictive covenants have been executed.
B.
Release of completion guarantee. Bonds, cash, check, or securities
filed to guarantee completion shall be returned or released upon written
certification that improvements and facilities have been installed
and completed in accordance with standards and specifications and
that the inspection fee has been paid.
C.
Default of completion guarantee. If improvements and facilities are
not installed and completed within one year of the date of recording
of the plat or do not comply with the standards and specifications
of this chapter or if the inspection fee has not been paid, the City
may proceed to complete the improvements and facilities, may take
whatever legal action it deems appropriate, and may use whatever proceeds
from bonds, cash deposits, checks or securities as are required to
meet the expense of completing improvements and facilities or pay
the inspection fee, unless the subdivider can produce evidence that
an extension of an additional year is justified.
D.
Inspection. The subdivider must follow all requirements of the Planning
and Zoning Commission or its specified representatives in relation
to all procedures, specifications and requirements. The subdivider
shall pay to the City an inspection fee of 2% of the cost of the proposed
improvements as estimated by the Planning and Zoning Commission; such
fee shall be paid before the subdivider will be released from the
obligations of the completion guarantee. The Planning and Zoning Commission
may permit the subdivider to hire a civil engineer to inspect and
certify that the improvements are as specified in lieu of paying the
inspection fees to the City.
E.
Maintenance bond. Upon acceptance of the required improvements and
facilities, the subdivider shall provide to the City a guarantee in
the form of a bond, check, certified check or negotiable securities
for a period of two years from the date of acceptance of said improvements
and facilities. In the event of failure or defective materials or
defective installation, the municipality shall make necessary maintenance
and repairs from the proceeds of the bond or other surety.[1]
F.
Water rights. The subdivider shall, upon approval and acceptance
of the final plat of the proposed subdivision by the City of Socorro,
transfer or assign to the City of Socorro all water rights appurtenant
to the land to be subdivided or water rights sufficient to supply
domestic water to the subdivision (one-half-acre foot per dwelling
unit); or if the land to be subdivided has no water rights assigned
to it, the subdivider shall pay a fee of $250 per lot to the City
for acquisition of water rights.
G.
Fees. A fee of $10 per lot up to 10 lots and $2 thereafter shall
be charged the subdivider for each subdivision submitted for final
approval to the Planning and Zoning Commission. Said fees shall become
payable upon approval by the Planning and Zoning Commission of the
final plat and shall be deposited in the general fund of the City
and shall be used for the acquisition and/or physical improvement
of park and recreational facilities, excluding salaries for administrative
and program personnel.
H.
Filing. The final plat, in the form approved by the Planning and
Zoning Commission and the City Council, shall be recorded by the subdivider
in the office of the County Clerk and Recorder within 90 days of the
date of approval by the City Council. Such approval shall be null
and void if the plat is not recorded within this specified time limit
and/or all necessary fees as specified by the Planning and Zoning
Commission have not been paid.[2]
