As used in these regulations, words in the singular include the plural meanings and the plural meanings and the plural words include the singular. "Person" includes a corporation, unincorporated association, and a partnership as well as an individual. "Building" and "street" are used generally and shall be construed as followed by the phrase "in part thereof." "May" is permissive; "shall" and "will" are mandatory subject to the provisions of these regulations. The words or phrases set out in this chapter when used in these regulations shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning.
ADJACENT. Refers to one or more parcels nearest to another parcel, whether by shared boundary line or divided only by a private or public road or other easement.
ALLEY. A service roadway, with a right-of-way width sufficient for vehicular access to the back or side of properties otherwise contiguous to a street.
ARTERIAL, PRINCIPAL. Serves as the major roadway system for the community and is designed to carry the largest amount of vehicular traffic, provide a high degree of mobility, and serve the major population and commercial centers of the town.
ARTERIALS, MINOR. Serves as secondary major routes that provide service for trips of moderate length, serve smaller geographic areas than PRINCIPAL ARTERIALS, generally have lower posted speed limits and less traffic than a PRINCIPAL ARTERIAL, and more accessibility.
BLOCK. An area bounded by existing or proposed streets. Under certain conditions of terrain, such as where lots back up against a steep slope or a watercourse, etc., this definition may be qualified to say, "an area bounded by existing or proposed streets and outside property lines."
BOARD OF TRUSTEES. Governing body of the Town of Clayton, New Mexico comprised of elected officials.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING SETBACK. The required distance between every building or structure, fences excepted, and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by and part of a building or structure.
COLLECTOR, MAJOR. Serves to gather and direct traffic from local roads lo arterial roadways, are longer, have higher speed limits, are spaced at greater intervals, and have higher traffic volumes than MINOR COLLECTORS.
COLLECTOR, MINOR. Typically has more points of access than MAJOR COLLECTORS and lower speed limits.
COMPREHENSIVE PLAN. The Comprehensive Plan of the Town of Clayton, New Mexico adopted by resolution.
CONDITIONAL APPROVAL. Approval of a preliminary or final plat by the approving authority, which is granted upon the condition that certain requirements are met prior to final approval or recording in the office of the Union County Clerk.
CONTIGUOUS. Refers to one or more parcels that share a boundary line with another parcel.
CORPORATE LIMITS. The municipal boundaries of the Town of Clayton.
COUNTY. Union County, New Mexico.
DEDICATION. The appropriation of land, or an easement therein, by the owner, for the use of the public, and accepted for such use by or on behalf of the public.
DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; or any use or extension of the use of land.
DOUBLE FRONTAGE LOT. A lot that has both front and back property lines fronting on parallel or approximately parallel streets.
DRAINAGE RIGHT-OF-WAY. The lands required for the installation of storm water sewers or drainage ditches or required along a natural street or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
EASEMENT. A "non-possessory" property interest that allows the beneficiary to use property that he or she does not own or possess. The beneficiary cannot occupy the land or to exclude others from the land unless they interfere with the beneficiary's use.
ENGINEER. An engineer or engineering firm registered in accordance with the laws of New Mexico.
FAMILY. Any individual or group of persons related by consanguinity, adoption, foster care, or marriage, or not more than five unrelated persons that have a right to live together pursuant to the federal Fair Housing Act Amendments of 1988 (or as amended), as interpreted by the courts.
FAMILY SPLIT. A plat amendment for a residential property, which is subject to a minor procedure.
FILING, PLAT. The act of processing a subdivision plat, which is seeking approval by the town as required by this title.
IMPROVEMENT. Any constructed, fixed item that becomes part of or placed upon real property.
IMPROVEMENT, PRIVATE. Any improvement, facility, or service, together with its associated site or right-of-way, necessary to provide transportation, drainage, utilities, or similar essential services and facilities that is located on private property and not dedicated to the town.
IMPROVEMENT, PUBLIC. Any improvement, facility, or service, together with its associated site or right-of-way, necessary to provide transportation, drainage, utilities, or similar essential services and facilities and that is usually owned and operated by a governmental agency.
IMPROVEMENT GUARANTEE. A deposit of cash, bond, certified check, or other negotiable securities submitted to the town to ensure that all improvements, facilities, or work required by the land development and subdivision regulations or required by the town as a condition of approval, will be completed in compliance with the approved plans and specifications of a development; and an agreement to the effect that the subdivider will install said required improvements.
LOT. Any parcel of land platted or described by metes and bounds and placed on record with the Town of Clayton or Union County in accordance with all applicable laws and ordinances.
LOT FRONTAGE. The boundary of a lot bordering on a street.
MONUMENT. Refers to one or more of the following:
(1) BENCHMARK. A brass cap, set in a base that meets town standards, with the elevation and the land surveyor's registration number inscribed thereon.
(2) PERMANENT SURVEY MONUMENT. A brass cap set in a base that meets town standards, or a standard BLM monument marking sectionalized corners, containing coordinates referenced to the New Mexico Coordinate System and the land surveyor's registration number inscribed thereon.
(3) SUBDIVISION CONTROL MONUMENT. A metal stake or pipe that meets town standards, with the land surveyor's registration number affixed thereto.
OWNER. Any person or legal entity having a proprietary interest in land, including that area of land proposed to be subdivided, but not including a mortgagee, lien holder, or lessee.
PARCEL. A contiguous quantity of land in possession of, owned by, or recorded as property of the same claimant person or company.
PLAN SET. The complete set of plans, drawings, and diagrams required for a particular subdivision application.
PLANNING AND ZONING COMMISSION. A body appointed by the Board of Trustees and delegated the power, authority, jurisdiction, and duty to enforce and carry out the provisions of this chapter.
PLAT. A plan or a map of a plot of land, certified by a surveyor, containing a description of the property and everything on it, including roads, boundaries, and real property a map of a town, section, or subdivision with ties to permanent monuments.
PLAT, FINAL. The plat that is submitted to Board of Trustees for final approval, which conforms substantially to the preliminary plat approved by the Planning and Zoning Commission under this title.
PLAT, ORIGINAL. The first plat for a defined area of land, prior to any subsequent replats or plat amendments, which has been recorded with the office of the Union County Clerk.
PLAT, PRELIMINARY. The development plan of a subdivision, prepared by a New Mexico licensed and registered surveyor, presented to the Planning and Zoning Commission for preliminary approval.
PLAT VACATION. The process to formally remove the legal effects of all or a portion of a properly approved and recorded plat from record, as recorded in the office of the Union County Clerk.
PLATTED AREA. An area of land that has been legally subdivided in accordance with this title.
PLAYGROUND. An active recreational area with a variety of facilities, including equipment for younger children as well as court and field games.
PREAPPLICATION MEETING. A meeting with town staff to review all or a portion of a set of subdivision plans in order to offer guidance and direction prior to a formal application.
PUBLIC HEARING. A meeting announced and advertised in accordance with the New Mexico Open Meetings Act and the requirements set in this title, advertised in advance and open to the public, with the public given an opportunity to ask questions, comment, and participate.
RECORDING. The act of processing a subdivision plat, which has been approved by the town as required by this title, as an official record in the deeds and records section of the office of the Union County Clerk.
RECREATIONAL FACILITY. A place designated and equipped for the conducting of sports and leisure-time activities.
REPLAT. The process to prepare and record a new plat, replacing all or a portion of a previously recorded plat.
RESERVOIR. A storage space for water, which may include an enlarged natural or artificial lake, storage pond, or impoundment created using a dam or lock to store water.
REZONING. The process of changing the current zoning designation of particular lots or parcels of land.
RIGHT-OF-WAY. Land reserved for uses as a street, alley, crosswalk, or other public ingress and egress.
SEWER SERVICE. A system supplying the public with sewer infrastructure.
SIDEWALK. The portion of a road right-of-way paralleling and usually separated from the road, paved, and designated for preferential or exclusive use by pedestrians.
SKETCH PLAT. A preliminary, preapplication map of a proposed subdivision, which may be a sketch on a topographic survey, or a draft of a digitally produced plan, showing proposed layout of streets, lots, and other features in relation to existing conditions,
STREET. A public way for vehicular and pedestrian traffic whether designated as a street, drive, highway, throughway, turnpike, road, avenue, boulevard, lane, place, way, or however otherwise designated.
STREET, DEDICATED. A street accepted for public improvement and maintenance, whether by municipal, county, state, or federal government.
STREET, LOCAL. A street that is used primarily for access to contiguous parcels and designed to carry slow-speed traffic primarily having a destination or origin on the street itself.
STREET, PRIVATE. A street located on a privately-owned parcel, not dedicated to the town, and not accepted by the town for maintenance and improvement.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined in this title, A subdivider shall be an owner or authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of any lot or tract of land into two or more lots, tracts, parcels, plats, or sites for the purpose whether immediate or in the future, to sell, lease, or develop, Subdivision does not include the following:
(1) Any residual land retained by the subdivider after subdividing but which has not been divided for subdivision purposes.
(2) The sale or lease of apartments, offices, stores, or similar space within a building.
(3) Any division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land.
(4) Any division of land created by court order.
SUBDIVISION, MAJOR. Any subdivision not classified as minor.
SUBDIVISION, MINOR. Any subdivision which:
(1) Does not increase the total number of parcels of land by more than one parcel (create more than 2 parcels total) or results in the same number of total parcels, or results in a decrease in the total number of parcels;
(2) Does not include any lots that do not have street frontage;
(3) Does not require the installation of any significant infrastructure; and
(4) Only terminates easements created by plat where all benefitted and burdened parties agree to the easement termination.
SUBDIVISION, PROPOSED. A subdivision for which a complete application packet has been submitted to the town, prior to the granting of final approval by the Board of Trustees.
SURVEYOR. A registered land surveyor licensed in accordance with the laws of New Mexico.
UTILITIES. Any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by any governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service; a closely regulated enterprise with a franchise for providing needed services.
VARIANCE. A relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship that would deprive the owner of the reasonable use of the land or building.
WATER RIGHTS. The legal right to appropriate water from an aquifer or river. A permitted or declared right is considered a valid water right only to the extent water has been legally placed to beneficial use and documented with the New Mexico Office of the State Engineer.
WATER SERVICE. The general term for furnishing the customer with water.
WATER WELL. An excavation or structure created in the ground by digging, driving, boring, or drilling to access groundwater in underground aquifers.
(Ord. 719, passed 11-9-2022)