(A) For purposes of this chapter, unless the context clearly indicates to the contrary, words used in the present tense include the future tense. Words used in the plural number include the singular. The word HEREIN means IN. The word PERSON includes a corporation; a partnership and an incorporated association of persons such as a club. The term SHALL is always mandatory. The term BUILDING includes STRUCTURE. The term BUILDING or STRUCTURE includes any part thereof. The term USED or OCCUPIED, as applied to any land or building, shall be construed to include the words INTENDED, ARRANGED or DESIGNED TO BE USED or OCCUPIED.
(B) For the purposes of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided, or his or her representative.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way or boundary lines of municipalities.
BOND or PERFORMANCE BOND. Any form of security, including a cash deposit, surety bond, collateral; property or instrument of credit, in an amount and form satisfactory to the Council.
BUILDING. Any structure built for support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future municipal improvement projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
CITY ENGINEER. The professional engineer engaged by the City Council.
COMMISSION. The Planning Commission of the City of Elephant Butte.
COMPREHENSIVE PLAN. The document or part thereof, officially adopted by the City Council, which provides for the development of the city and which indicates the general locations recommended for major roadways, parks, public utilities and buildings, and land uses.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Council as a condition of the approval of the plat.
CUL-DE-SAC. A local street with only 1 common inlet/outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEVELOPER. The owner of land proposed to be subdivided, or his or her representative.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
FINAL PLAT. The map, plan or record of a subdivision and any accompanying material, as described in this chapter.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot but it shall not be considered as the ordinary side of a corner lot.
GRADE. The slope of a road, street or other public way, specified in percentage terms.
LOT IMPROVEMENT. Any building, structure, work of art or other object, or improvement of the land on which they are situated, constituting a physical betterment of real property.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of 4 or more lots, or any size subdivision requiring any new street or extension of city facilities or the creation of any public improvements.
MINOR SUBDIVISION. Any subdivision containing not more than 3 lots fronting on an existing street not involving any new street or road or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, the zoning code the official zoning map or this chapter.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the units that will be constructed in the subdivision.
MUNICIPALITY. The city, as incorporated by state law.
NEIGHBORHOOD PARK and RECREATION IMPROVEMENT FUND. A special fund established by the city to retain monies contributed by developers in accordance with the “fee in lieu of land” provisions of this chapter, to develop land within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial subdivisions.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
ORDINANCE. Any legislative action of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, group of persons, firm, corporation or other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under this chapter.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only 1 side.
PLANNING AUTHORITY. The planning authority for the city shall be the Planning Commission.
PLAT. A map, chart, survey, plan or replat, certified by a New Mexico licensed registered land surveyor, containing a description of the subdivided land with ties to permanent monuments.
PRELIMINARY PLAT. The preliminary drawings, described in this chapter, indicating the proposed manner of layout of the subdivision.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which city responsibility is established.
REGISTERED ARCHITECT. An architect licensed and registered in the State of New Mexico.
REGISTERED ENGINEER. An engineer licensed and registered in the State of New Mexico.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, of trees, of for another special use.
ROADWAY. That podium of a street right-of-way intended for driving or parking.
SALE AND LEASE. Any immediate or future transfer of ownership or any possessory interest in land, including a contract for sale, lease, intestate succession, or other written instrument.
SKETCH PLAT. A sketch preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of this chapter.
STREET. A general term used to describe a paved right-of-way, municipally or privately owned, serving as a means of vehicular travel. STREETS are classified by function as follows:
(a) ARTERIAL STREET. A street designed to carry large amounts of traffic across or through the city and designated as such by the comprehensive plan.
(b) COLLECTOR STREET. A street connecting local residential streets to each other, to community facilities and to principal or minor arterial streets.
(c) LOCAL STREET. A street intended to serve and provide access exclusively to the properties abutting thereon, and not connecting with other streets in such a manner as to encourage through traffic.
(d) SERVICE STREET. A street running parallel to a freeway, expressway or other roadway, and serving abutting properties, also called a FRONTAGE ROAD.
STREET, DEAD-END. A street or a portion of street with only 1 vehicular traffic outlet.
SUBDIVIDE or SUBDIVISION, for the purpose of approval by the Planning Commission, means:
(a) For the area of land within the corporate boundaries of the city, the division of land into 2 or more parts by platting or by metes and bounds description into tracts for the purposes set forth in this definition;
(b) For the area of land within the city extraterritorial subdivision and platting jurisdiction, the division of land into 2 or more parts by platting or by metes and bounds description into tracts of less than 5 acres in any 1 calendar year for the purposes set forth in this definition; and
(c) The division of land pursuant to this definition shall be for the purpose of:
1. Sale for building purposes;
2. Laying out a municipality or any part thereof;
3. Adding to a municipality;
4. Laying out surban lots; or
5. Resubdivision.
SUBDIVIDER. Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who, directly or indirectly, sells, leases or develops, or offers to sell, lease or develop, or advertise for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision; or who engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site or plat in a subdivision; and who is directly or indirectly controlled by or under direct or indirect common control with any of the persons mentioned in this definition.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of a subdivider.
SUBDIVISION PLAT. The final map or drawings, described in this chapter on which the subdivider's plan of subdivision is presented to the Planning Commission and the Council for approval and which, if approved, shall be submitted to the County Clerk or recorder of deeds for filing.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
(Ord. 18, passed 12-2-1998; Am. Ord. 47, passed 9-24-2001; Am. Ord. 49, passed 12-12-2001; Am. Ord. 85, passed 9-7-2005; Am. Ord. 89, passed 12-28-2005)