A. Application Fees:
1. The Village shall charge a fee for all permit applications sufficient to cover related Village expenses. The Village is authorized to charge additional fees that are necessary to offset expenses occasioned by applications not combined with zoning certificate applications or that require special or extra publications.
2. Fees for special commission or Council meetings, or necessary consulting fees shall be set by Council resolution.
B. Zoning Certificates:
1. Requirements For Zoning And Occupancy Certificates:
a. Any change in use (classification) shall require a new certificate of occupancy and a zoning certificate. (Example: changing from a multi-family use to a business use.)
b. Temporary buildings or tents shall require a zoning certificate before installation.
c. Any change of a building's use requires the issuance of a business registration after a zoning certificate is granted.
d. Zoning certificates shall be issued only if the proposed change of the building or use of the building or land is in full conformance with this title.
e. The provision for parking shall meet the requirements of this title for the new use.
f. The zoning official shall monitor and inspect the work being performed.
g. After the issuance of a zoning certificate and/or building permit, any substantial deviation from the plans, application or representations requires a new zoning certificate or building permit, which shall be applied for and considered in the same manner as the original application.
h. Any application or other request made pursuant to this title shall be made by the owner of the property or by the authorized legal representative.
i. Any permits, approvals, conditions, or other decisions made pursuant to this title shall benefit and/or bind such applicant, the owner and the owner's heirs or assigns.
2. Application Procedure:
a. All applications for permits shall be made on forms provided by the Village for that purpose and shall be accompanied by all required documents and fees including, but not limited to, the following:
(1) Name, address and phone number of owner and/or applicant.
(2) The legal description of the property and proof of ownership.
(3) A site plan of the lot or parcel, drawn to a one inch to twenty foot (1" = 20') scale, showing the dimensions of the lot, easements, rights-of-way, location of existing building(s), location of proposed building, propane tank, fence, landscaping, exterior lighting plan, septic system, and dumpster location, if required in that zone.
(4) A site plan showing the topographic contours of not more than five foot (5') intervals covering the entire lot.
(5) Plans showing the height and elevation of the existing and proposed structures and the exterior walls and roof thereof, drawn to one-fourth inch to one foot (1/4" = 1') scale. (1/8 inch to 1 foot scale may be used for large projects.)
(6) A floor plan at a scale drawn to one-fourth inch to one foot (1/4" = 1') scale. (1/8 inch to 1 foot scale may be used for large projects.)
(7) A statement concerning the use to be made of such building or structure.
(8) A statement, if needed, setting forth the necessary variances, conditional uses, or conditional waivers, or other specific reviews being requested.
(9) The signature of the owner of the property or of some other person with written legal authority of the owner.
(10) Any other information specifically requested by the Coordinator or the Council in order to review the application for compliance with this title or any other Village ordinance or code.
b. Applications, when complete, shall be reviewed for compliance with this title, and if the application and associated filings are in such conformance, they shall be approved by the Coordinator. Upon approval, a zoning certificate shall be issued.
C. Building Permits:
1. Administration 1
a. The Building Codes 2
b. The building official of the State of New Mexico is authorized and directed to enforce the provisions of the Building Code. For such purposes, the building official has the powers of a law enforcement officer and is to be appropriately sworn in to serve as such.
c. The building official shall have the power to render interpretations of the Building Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretation, rules and regulations shall be in conformance with the intent and purpose of the Building Code. The State building official shall have the authority to issue building permits.
2. Application Procedure; Building Permit Requirements:
a. To obtain a building permit, the applicant shall first file an application with the Planning and Zoning Department to assure they are meeting the zoning requirements of this Code. Along with the zoning application the original State application, on a form furnished by the Building Code Enforcement Agency for that purpose, must be included for proper signatures by the Code Enforcement Officer or Coordinator. Every application shall:
(1) Identify and describe the work to be covered by the permit for which application is made;
(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work;
(3) Indicate the use or occupancy for which the proposed work is intended;
(4) Be accompanied by plans, diagrams, computations and specifications and other data as may be required by the building official;
(5) State the valuation based on the replacement cost of any new building or structure or any addition, remodeling or alteration to an existing building; and
(6) Be signed by the applicant, or the applicant's agent.
b. Documents, including one set of plans, shall be submitted along with the necessary specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data as requested by the building official.
c. Any property owner or his agent may apply for a building permit.
d. All complete applications shall be reviewed and are subject to approval by the zoning official.
e. Every building permit issued by the building official pursuant to the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Within one year of work stoppage, work may begin again after the permittee has paid a full permit fee.
f. An unexpired permit may be extended, suspended or revoked by the building official as provided in the Building Code.
g. All plans and work must meet the requirements of the Building Code.
h. The building official will inspect all permitted work as allowed and required by the Building Code.
i. All water and sewer hookup fees and any overdue fees owed to the Village by owner or contractor must be paid before a permit is issued.
j. A survey of the lot showing actual location of the finished exterior wall will be required by the Planning and Zoning Department before the framing inspection is requested to verify that the structure is located in accordance with the approved plans. (The finished interior wall may be extrapolated from the stem wall or the sill plate.)
k. All building setbacks shall be measured horizontally from the property lines to the vertical plane of the finished exterior wall.
l. A preliminary site inspection shall be performed by the zoning official before issuance of a building permit for new construction including additions.
m. For all new building permits, the subject lot will be thinned in accordance with the community assessments of the community wildfire protection plan and section 9-7-13 of this title. The Village Forester will identify a specific prescription for each new building permit. The lot must be thinned as part of the construction site preparation and prior to the final inspection.
The Village Forester shall also determine if adjacent lots to the subject lot need to be thinned to protect the new structure being erected. If such a determination is made, compliance will be done through section 9-6-1 of this title. The Village Forester will prepare specific thinning prescriptions in accordance with the community assessments of the community wildfire protection plan.
If the building permit is for something other than new construction, for example, additions or detached garages, the Village Forester will make the determination as to which portion of the lot will be thinned in accordance with the community assessments of the community wildfire protection plan. The Village Forester will identify a specific prescription for each new building permit. The lot must be thinned as part of the construction of the permitted work.
The Village Forester shall also determine if adjacent lots to the subject lot need to be thinned to protect the new structure being erected. If such a determination is made, compliance will be done through section 9-6-1 of this title. The Village Forester will prepare specific thinning prescriptions in accordance with the community assessments of the community wildfire protection plan and section 9-7-13 of this title.
3. Inspections And Certificate Of Occupancy:
a. In addition to the foundation survey required in subsection C2j of this section, all other required inspections are outlined in the Building Codes of the State.
b. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete, when corrections called for are not made and for other reasons as described in the Building Codes.
c. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided in the Building Codes.
d. Changes in the character or use of a building shall not be made except as specified in the Building Code for existing buildings.
e. A certificate of occupancy shall be issued after all required inspections have been made. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this title or of other ordinances of the Village.
4. Violations:
a. Whenever any work is being done contrary to the provisions of the Building Code, or other pertinent laws or ordinances implemented through the enforcement of this title, the building official of the State of New Mexico or the Code Enforcement Officer may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official of the State and the Code Enforcement Officer to proceed with the work.
b. Whenever any building or structure or equipment therein regulated by the Building Code is being used contrary to the provisions of this title, the zoning official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official and zoning official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this title.
c. Any person, firm or corporation violating any portion of this chapter is guilty of a misdemeanor and, upon receiving conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code for each offense. Each day during which such illegal construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In addition, or as an alternative to such fine and/or imprisonment, the Village may seek other remedies provided in law or equity including, but not limited to, damages, injunctions, mandamus, or abatement. (Ord. 2018-03, 9-11-2018)
D. Construction Time:
1. Unless additional time is granted for good cause, all interior and exterior construction must be totally completed within one year of the building permit date with a single one year extension available.
2. If not completed within twenty four (24) months, the building permit and approval shall be null and void. In order to complete construction, a new building permit shall be applied for and obtained.
3. Any modification, alteration, or addition to any structure, for which a zoning certificate, building permit or other permit under this title is required, shall not be occupied or used prior to the issuance of a certificate of occupancy. (Ord. 2002-02, 1-17-2002)
E. Desist Order:
1. Should the zoning official discover any construction or use of property within the Village in violation of this title, other Village ordinances or any New Mexico Statute, the zoning official shall attach a "desist order" to the property in a conspicuous place. The zoning official shall attempt to deliver a copy of the "desist order" to the owner or builder of the property. Any "desist order" shall be signed by the zoning official and shall indicate the subject area in which the violation exists. (Ord. 2002-02, 1-17-2002; amd. Ord. 2018-03, 9-11-2018)
2. The removal of a "desist order" before the violation is corrected shall constitute a violation of this title. The continuation of construction or use in violation of a "desist order" shall also constitute a violation of this title.
F. Payment Of Overdue Fees: No zoning certificate or building permit shall be issued by the Village for any lot, parcel or structure until all fees or other assessments and taxes due to the Village by the owner or contractor, whether or not the fees are in connection with said lot, parcel, or structure, have been paid in full.
G. Performance Deposit:
1. The Village shall collect a performance deposit, imposed in accordance with the permit fee and deposit schedule resolutions adopted by Council, for any zoning certificate or building permit application. The performance deposit shall be used to ensure that the following items receive a final inspection by the building official and are completed within twenty four (24) months:
a. The site has been properly cleaned up and landscaped in accordance with the approved plans.
b. Compliance with the zoning certificate, encroachment permit and Environment Department permit, if applicable.
c. Project has been completed in accordance with approved plans and specifications.
d. A certificate of occupancy has been issued.
2. If the owner/builder fails or refuses to complete the foregoing items, the deposit may be retained. (Ord. 2002-02, 1-17-2002)
3. If the owner and/or builder fails to complete the project within the limits of the original building permit and fails to obtain a time extension, the deposit may be forfeited. Construction time shall not be extended beyond twenty four (24) months. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)
4. Should the site fail an inspection, a charge may be added to cover the cost of an additional inspection.
5. Failure of the owner, builder or authorized representative to be present at a final Village inspection may be sufficient grounds for failure of the final inspection.
6. The site cleanup includes adjacent lots where construction trash has blown or been placed.
7. Occupancy of a building without a certificate of occupancy is a violation of this title. (Ord. 2002-02, 1-17-2002)
H. Refunds: All requests for refunds shall be made within ninety (90) days of final issuance of a certificate of occupancy in writing by, for, or on behalf of the original payor or legal representative. A forfeiture of refund shall occur if request is not made within the ninety (90) day period.
1. Zoning Certificate And Building Permit Fees:
a. If the certificate or permit application is withdrawn before any plan review is done, eighty percent (80%) of the permit fee may be refunded. If the written refund request is made after the plans have been reviewed, fifty percent (50%) of the permit fee may be refunded. No refund shall be granted after two (2) years from the permit application date. (Ord. 2007-03, 4-18-2007)
b. A refund shall be issued only if the original payee files a written refund request. Written authorization by the original payee is required to transfer the refund to a legal representative, unless original payee has become deceased or incapacitated. (Ord. 2007-03, 4-18-2007; amd. Ord. 2013-07, 8-13-2013)
2. Performance Deposit:
a. The performance deposit shall be refunded after an inspection determines that compliance with the criteria in subsection G of this section has occurred.
b. If a building permit is suspended or revoked at any time during construction, or a change of contractor has occurred, the Village may retain up to eighty five percent (85%) of the performance deposit of the original payor or legal representative. A new deposit will then be required, unless the revoked or suspended permit is lifted before the two (2) year period has exhausted.
c. After the Planning and Zoning Office has received a written request for the refund, the estimated refund will be made to the payor of the original performance deposit unless such payor provides written authorization to another legal representative, unless original payee has become deceased or incapacitated, to receive the refund. There will be no performance deposit refund if the project is not completed prior to the expiration of the building permit up to a maximum of twenty four (24) months. (Ord. 2007-03, 4-18-2007)
Notes
| 1 | 1. See also section 8-1-2 of this Code.1: |
| 2 | 2. See also section 8-1-1 of this Code.2, as most recently adopted and as amended by the State of New Mexico, shall be used to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, surfacing, resurfacing, area and maintenance of structures and buildings within the Village. |