In general, formats for subdivision improvements agreements with their exhibits, extensions, ratifications, bonding, easements, encroachments, and partial releases shall follow the village format except as modified by the village attorney.
A. Improvements Required:
1. The developer shall install and construct such improvements, if any, as are required by applicable village standards. Required improvements shall be installed and constructed as specified in the improvements agreement between the applicant and the village, in accordance with the design standards and criteria established under village standards, and as shown on the approved preliminary plat. The requirement to construct improvements in accordance with the provisions of village standards applies to areas within the village and outside the village limits.
B. Infrastructure Design And Specifications:
1. In the case of subdivisions, land divisions, and site developments requiring construction of improvements, after approval of the preliminary plat the developer shall present construction plans and specifications for all improvements to the village public works director for approval, together with a proposed improvements agreement between the developer and the village specifying all infrastructure proposed for construction.
2. The plans and specifications shall:
a. Substantially conform to the preliminary plat as approved by the planning and zoning director and/or village council;
b. Be prepared in conformance with village standards;
c. Be certified by a professional engineer licensed in the state of New Mexico; and
d. Include a provision running from the developer to the village holding the village harmless from any liability resulting from negligent acts, errors, or omissions of the developer or their agents until acceptance of infrastructure by the village.
C. Improvements Agreement: After the approval of the final plat, but before any lots can be sold, the final subdivision plat must be filed with the county clerk. Before the final plat can be filed, the developer must either build all of the required improvements or must enter into a subdivision improvement agreement with the village and post a financial guarantee with the village in the amount of one hundred ten percent (110%) of the total cost of improvements. Cost estimates are to be submitted in the form of a bid estimate secured by the developer from the appropriate type(s) of contractor(s) licensed by the New Mexico construction industries division. This subdivision improvement agreement shall constitute a binding contract between the developer and the village.
D. Assurance Of Completion Of Improvements: In the improvements agreement, the developer shall agree to either:
1. Construct all improvements, and obtain a certificate of completion and acceptance for maintenance therefor prior to approval of a final plat to the planning division or village council for approval; or
2. Assure construction after final plat approval. If the developer wishes to submit the final plat for review, approval, and recording prior to completion of all improvements, they shall post a suitable improvements guarantee to accompany their improvements agreement. In general, financial guarantees are not required for land divisions (summary subdivisions of 2 lots). Improvements shall be required to be constructed prior to plat filing. The guarantee shall be not less than one hundred ten percent (110%) of the cost of completing the improvements. A quantity estimate for the improvement shall be submitted by the developer with current rates for infrastructure determined or approved by the village of Angel Fire public works department. The improvements guarantee shall also secure all lot improvements that are essential to the delivery of services or utilities to the individual lots of the subdivision or land division as specified by village standards. Such guarantee may be by bond, letter of credit, escrow deposit, or other method specified by the village public works director. In general, the format for these agreements shall follow the village format.
E. Temporary Improvements: The developer shall build and pay for all costs of temporary improvements (such as in phased projects) specified in the improvements agreement and shall maintain same for the period specified in any applicable village ordinance or as specified by the village public works director. Costs for removal of temporary improvements may be included if specified in the improvements agreements. Temporary improvements shall also be included with the financial guarantees.
F. Costs Of Improvements: Any and all costs of new road construction in new developments are the responsibility of the developer. The developer is also responsible for constructing the new roads according to these standards.
During the approval process for a proposed development, the developer may be required to construct a new road or to make improvements to an existing road that also benefits future developments. The village council may establish a plan of compensation to the original developer whereby subsequent beneficiaries pay a fair share for the use of those improvements. Such a plan would be administered by the village and made a condition of approval for future benefiting developments. The village council shall determine the equitable distribution of benefits and costs.
G. Improvements Serving Off Site Areas: If any infrastructure improvements which will ultimately serve lots in addition to those included in the proposed subdivision are to be constructed, and the developer proposes to construct said improvements prior to final plat approval, the developer shall prepare a plat or other suitable legal instrument dedicating to the appropriate governmental entity sufficient property interests to accommodate said improvements. This plat or legal instrument may be approved by the village planning commission at the meeting at which it considers the preliminary/final plat for the subdivision or land division as a whole. In the case where financial guarantees are provided, such separate final plat and/or legal instruments shall be approved prior to the village public works director granting approval to proceed with construction of any such improvements guarantee sufficient to ensure completion of any such improvements.
In cases where the impact of a development requires improvements to off site transportation facilities accessing a development and these improvements are determined to be necessary for public safety or for traffic operations, the developer shall bear the cost of such improvements. Such improvements may include, but not be limited to, improvements such as major drainage crossing structures, traffic lighting, street lighting and resurfacing or reconstruction of the facility.
H. Inspection:
1. It is the responsibility of the permittee to contact the public works department two (2) days in advance when requesting inspections and thirty (30) days' notice before the construction is to commence in advance of required inspections. A final inspection at the conclusion of construction is required. In making this inspection, the public works department shall check for compliance with these regulations and approved plans, and also for adequate cleanup of roadway or recreational pathway surfaces and the right of way, or recreational pathway easement. Certificates of occupancy shall not be issued by the building division until access work is determined to be satisfactory by the public works department.
2. Any work or material which does not conform to these regulations, any pavement failures or broken asphalt, damaged signs or fencing, and remaining debris either in the roadway or adjacent property, or improper drainage shall be brought to the attention of the permittee both verbally and in writing. Any work in which untested or unaccepted materials are used shall be ordered removed and replaced at the permittee's expense. Any required corrective work shall be made at the permittee's expense and shall be done to the satisfaction of the public works department. If immediate corrections are not made, further project construction shall be stopped.
3. In determining whether or not the access work done by the permittee is acceptable, the public works department may consult with other departments. If a determination is made that testing is required, the number and location of the tests shall be determined by the public works department. If the public works department determines testing by an independent lab is necessary, the cost of such testing shall be paid by the permittee.
I. Acceptance And Maintenance Of Improvements:
1. All improvements shall be completed to the satisfaction of the village public works director, and all public infrastructure shall be dedicated to the appropriate governmental entity free and clear of any liens and encumbrances. Upon a determination by the village public works director that all improvements have been satisfactorily completed, the developer shall furnish the village public works director as built plans (paper and digital) for such improvements in a format acceptable to the planning division. The village public works director's acceptance shall become effective only upon such approval, and the certificate shall so specify.
The final plat shall grant or reference all drainage and utility easements. Any easement agreements, if required, shall be on forms specified by the village public works director and shall be filed either before or concurrently with the final plat. Where utility infrastructure is located in the public right of way, a franchise agreement between the village and the utility shall be filed before or concurrently with the final plat. This franchise agreement shall be on a form as specified by the village public works director and requires approval by the village of Angel Fire council.
2. Maintenance of all public infrastructure improvements and public areas shown on the preliminary or final plat shall be the responsibility of the developer and their agents until acceptance by the village or other governmental entity pursuant to this section and applicable village ordinances. The village shall issue a certificate of completion and acceptance within fifteen (15) days after a final inspection thereof by appropriate village personnel, when it has been determined upon such inspection that all installations have been constructed and/or installed in accord with approved plans and specifications for the subdivision or land division.
3. The developer shall be required to record a bond or cause a bond to be executed by the contractor with the village public works director prior to dedication, in an amount considered adequate by the village public works director and in a form satisfactory to the village attorney, in order to assure the qualities of materials and workmanship of the required improvements for a period of one year after the date of their acceptance. Such amount of financial guarantee shall not exceed the cost of the improvements. In general, the bonds may follow the village format.
J. Partial Completion And Reduction Of Guarantee: Upon issuance of a certificate of completion and acceptance pertaining to a portion of the required improvements, the village public works director may agree to the reduction of any improvements guarantee, but not less than one hundred ten percent (110%) of the cost of completing the remaining required improvements. A quantity estimate for the improvements shall be submitted by the developer with current rates for infrastructure determined or approved by the village of Angel Fire public works department.
K. Failure To Complete Improvements:
1. Improvements which are to be constructed prior to submission of the final plat for review shall be completed prior to expiration of the preliminary plat. If the improvements are not completed prior to the preliminary plat expiration date, and if there is not satisfactory assurance of completion in lieu thereof, as provided in this standard, the preliminary plat approval shall be deemed to have expired.
2. If improvements to be constructed after final plat approval (including improvements serving off site areas as specified in this standard) have not been installed within the terms of the improvements agreement, the village may declare the agreement to be in default and, after thirty (30) days' notice by registered mail to the developer and their surety, may cause all improvements to be installed and may hold the developer and any surety jointly and severally liable for the costs of completing such improvements. If constructed within public right of way or public easement or other public area, such improvements shall thenceforth be owned by the appropriate governmental entity without further dedication.
L. Design Fee:
1. A design fee of five percent (5%) of the construction infrastructure cost of the project as determined by a quantity estimate prepared by the developer with current rates for infrastructure determined or approved by the village of Angel Fire public works department shall be charged to the developer. This design fee shall be charged in order to cover village of Angel Fire public works department costs of design review, inspection, and administrative expenses incidental to the processing and approval of land divisions and subdivisions.
2. Testing fees, if required by village inspection, shall be paid for by the developer. Construction staking by the village is not included in this fee. If the developer performs or has performed for them their inspections under the supervision of a licensed, professional engineer, a percentage, as determined by the village council, shall be deducted from this fee.
3. As a design deposit fee, approximately one-fourth (1/4) of the estimated design fee shall be paid prior to start of the construction work. Fees are nonrefundable. By resolution, the village council shall periodically adopt rules which amend the fee schedule so that fees are set at village cost. Revised fee schedules enacted by the village council shall be conveyed to the village clerk and shall be brought to the attention of the interested public. (Ord. 2007-06, 8-14-2007)