(A) Final plat authorized.
(1) Submission of final plat. Upon approval of the preliminary plat, and subject to any applicable provisions for a combined preliminary and final plat, the applicant may submit a final plat as provided herein. The final plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of New Mexico.
(2) Final plat submitted in stages. Final platting may be accomplished in stages covering reasonable portions of the area of an approved preliminary plat. When this is done, each sheet of the final plat shall contain a vicinity map showing the location of the portion being submitted in relationship to the area for which the preliminary plat was submitted. All final plats so submitted shall be of the same scale, shall have identical titles, legends and other information, and shall have match lines so that mosaics of the entire subdivision can be developed. Each stage of the subdivision shall be as nearly self-sustaining and complete as possible and shall by itself, or in conjunction with previous stages, meet the design standards set forth in this chapter so that, if development of the entire subdivision is interrupted or discontinued after one or more stages are completed, a viable development will result.
(3) Form of papers. The final plat shall be clearly and legibly drawn in black waterproof India ink upon tracing linen, polyester film (e.g. Mylar) of .004 inch thickness (minimum), or some similar stable base material. Required affidavits, certificates and acknowledgments shall be legibly printed on the plat in opaque ink. The sheet size of all final plats shall be 18 inches high by 24 inches wide. Information on the plat should be so positioned that a 1-1/2 inch margin is on the left-hand side and a ½ inch margin is shown on the remaining sides. The final plat shall be prepared at a scale of 1 inch equals 100 feet for subdivisions where the majority of lots are less than 5 acres in size, and 1 inch equals 200 feet for subdivisions in which the minimum lot size is 5 acres or more. Each sheet of the final plat shall be numbered, and the total number of sheets comprising the plat shall be stated on each sheet (e.g.. Sheet 2 of 4). The relationship of one sheet to the other shall be shown by key maps and by match lines.
(4) Number of copies. The applicant shall submit the original linen or polyester film, 1 reproducible copy, provided that sepia shall not be acceptable, and 4 prints of the final plat and copies of all required supporting material. The Clerk shall schedule the matter for consideration by the Planning Commission upon submission of all required documents and materials.
(B) Contents of final plat. The submitted final plat shall include the following information on the face of the plat:
(1) The name of the subdivision; centered at the top of each sheet;
(2) Total acreage of subdivision to nearest one-tenth of acre;
(3) General location of the subdivision by section, township, range, county and state entered under the name of the subdivision;
(4) North arrow, date and scale;
(5) An accurate and complete boundary survey of the land to be subdivided, including the location and description of all monuments set or found. Plat boundary lines shall be shown in a heavy solid line, giving the bearings in degrees, minutes and seconds. Distances shall be shown in feet and hundredths. Curved boundaries or lines on the plat shall provide sufficient data to enable the reestablishment of curves on the ground;
(6) The location and layout of lots, blocks, tracts, streets, alleys, easements and other public grounds within and immediately adjoining the plat, with accurate dimensions in feet and hundredths of feet, bearings, curve data, length of radii and/or arcs of all curves;
(7) Drainage easements, clearly labeled as such, and locations and dimensions of proposed on-lot detention ponds;
(8) If any portion of the subdivision lies within the 100-year floodplain, that portion shall be identified on the plat with appropriate identification as a 100-year floodplain;
(9) The names of all streets;
(10) All lots logically and consecutively numbered in the center of the lot;
(11) Size of each lot;
(12) Street address of each lot;
(13) All dimensions shown on irregularly shaped lots;
(14) Parcels completely or partially surrounded by the area being subdivided, clearly marked "Excepted," and the common boundary with the subdivision shown in a heavy solid line with bearings and distances;
(15) A note placed on the plat stating: "Subdivider responsible for utility stub-outs and for providing any and all easements necessary to provide utility service to lots contained herein";
(16) Signed statements by the subdivider dedicating public rights-of-way, and granting all required easements for public use. Also include a statement that the subdivision is planned with the free consent of and in accordance with the desire of the undersigned owner of the land, acknowledged in a manner required for acknowledgment of deeds. For consistency on all plats, the dedication statement shall read as follows:
DEDICATION
ALL RIGHTS OF WAY AND PUBLIC AREAS SHOWN HEREON ARE DEDICATED TO THE CITY OF ELEPHANT BUTTE. UTILITY EASEMENTS ARE GRANTED FOR THE USE OF THE UTILITY COMPANIES, WHETHER SIGNATORY TO THIS PLAT OR NOT.
AND TO THE CITY OF ELEPHANT BUTTE. ALL RULES AND REGULATIONS OF THE CITY OF ELEPHANT BUTTE AND SAID UTILITIES WILL APPLY TO THESE EASEMENTS. ALL OTHER EASEMENTS SHOWN HEREON ARE GRANTED FOR THE USE INDICATED. NO ENCROACHMENT THAT WILL INTERFERE WITH THE USE OF EASEMENTS AS SHOWN ON THIS PLAT IS ALLOWED.
THE SUBDIVISION HAS BEEN DEDICATED IN ACCORDANCE WITH THE WISHES OF THE UNDERSIGNED OWNER(S) OF THE LAND SHOWN HEREON.
(17) Name and address of subdivider;
(18) Certification block for Planning and Zoning Commission chair and vice-chair, secretary, or other designated signatory;
(19) Certification block by authorized representatives from respective utility companies;
(20) Certification and seal by a registered licensed surveyor of the state in accordance with the laws of the state, certifying the accuracy of the survey and the plat, and that the surveyor prepared or supervised preparation of the plat; and
(21) Certificate for recording by the County Clerk and Recorder.
(C) Supporting materials for final plat.
(1) Filing fee;
(2) A notarized certificate by all parties having any titled interest in or lien upon the land, consenting to the recording of the plat and dedicating public ways, grounds and easements;
(3) Documentation from the county assessor's office that the current year's property taxes are paid and that no taxes are owed on the property;
(4) Appropriate documentation shall be submitted to show proof of water service and approval of sewage disposal;
(5) A notarized certificate of a licensed engineer attesting to the adequacy of and in compliance with engineering provisions and requirements; and
(6) A traverse closure sheet for the exterior boundaries of the entire tract and for each parcel within the tract, except any parcels that are true rectangles.
(7) A signed and sealed certificate of a registered professional engineer that all drainage facilities utilizing gutters and streets are designed and sized to handle 100% of the flow of the 100-year runoff (Q 100).
(8) Assurance of a warranty deed or other acceptable instrument conveying to the city any public lands shown on the final plat and not otherwise dedicated on the plat, and proof of title insurance on the public lands. The method of assurance shall be approved by the City Attorney.
(9) Payment of any fees in lieu of public land dedication, or any initial payment and a payment schedule keyed to a subdivision development, if the subdivision is to be phased, shall be submitted.
(10) Evidence satisfactory to the city must be submitted showing all taxes and assessments due on the property to be subdivided to be paid in full, showing title or control of the property to be subdivided, and showing the property to be subdivided as free and clear of any liens. An attorney's title opinion or ownership and encumbrance report from a land title company shall be considered satisfactory evidence.
(D) Departmental review. The applicant shall submit the final plat and supplemental material to the Clerk. Upon submission of the final plat, the Clerk shall review the submittal and shall advise the applicant of whether the application is complete. When the Clerk has determined that the application is complete, the date shall be recorded in the Clerk's records and the applicant shall be notified. The Clerk shall refer the final plat and supporting materials to such city departments and outside consultants as may be necessary for review of the application. Individuals, departments and consultants receiving copies of the final plat shall return written comments and recommendations to the Clerk within 15 working days after receipt of the plat. The Clerk shall promptly forward the comments and recommendations to the subdivider or the subdivider's representative.
(E) Scheduling and notice. The Clerk shall present the final plat to the Planning Commission not later than 30 days following the date of submission of a complete final plat. Not less than 10 days prior to the meeting, the Clerk shall provide notice to the applicant and to owners of subdivided lots and owners of unplatted land within 200 feet of the boundaries of the proposed subdivision of the time, date and place of the meeting. The applicant shall be responsible for providing the Clerk with the names and addresses of the property owners to be notified. The Clerk shall also cause the time, date and place of the meeting to be published 1 time in a newspaper of general circulation in the city, not less than 7 days prior to the meeting. The applicant shall post notice of the time, date and place of the meeting in 1 or more conspicuous places on the property not less than 10 days prior to the meeting.
(F) Planning Commission review. The Planning Commission shall conduct its consideration of the preliminary plat as a quasi-judicial hearing. The subdivider or his or her duly authorized representative shall attend the meeting. In the event of the absence of the subdivider or his or her duly authorized representative, the Planning Commission may postpone consideration of the matter, and the subdivider shall be deemed to have consented to the delay and to have waived the time requirements of NMSA 1978, § 3-20-7. All interested or affected parties shall be allowed to present testimony at the hearing. The planning commission may approve, conditionally approve, disapprove or postpone its decision in order to obtain additional information. If postponed in order to permit the subdivider the opportunity to present additional information, or if the subdivider otherwise agrees to postponement, the subdivider shall be deemed to have consented and to have waived the time requirements of NMSA 1978, § 3-20-7. In accordance with the provisions of NMSA 1978, § 3-20-7, the plat shall be deemed approved if not approved or disapproved by the Planning Commission within 35 days of acceptance by the Clerk of complete submission of the final plat, provided, that said period shall be deemed extended and waived with the consent of the subdivider in the event of postponement as specified herein.
(G) Appeal. The Clerk shall provide written notification of the Planning Commission's action to the applicant and any other interested party who has requested notification. The applicant and any other aggrieved person may appeal the decision to the City Council according to the appellate provisions of § 155.007 of this title. Upon approval by the Planning Commission, or by the City Council if appealed, the applicant may proceed as provided herein. Approval of a final plat shall be effective for 18 months.
(H) Filing final plat. The final plat shall not be filed until all construction improvements have been completed, inspected and approved or accepted by the city, or until a form of security as provided for herein has been submitted and approved. It shall be the Clerk's responsibility to obtain the necessary signatures of city officials after final plat approval and the subdivider's responsibility to obtain signatures of non-municipal utility companies. Upon obtaining all required signatures, receipt of the filing fee from the subdivider, and completion and acceptance of all improvements or the acceptance of adequate security in lieu thereof, the Clerk shall file the final plat in the office of the County Clerk.
(I) Development agreement.
(1) Upon approval of the final plat by the Planning Commission, the subdivider shall enter into a development agreement with the city providing for construction of or guaranty of the improvements included in the approval.
(2) The development agreement shall include provisions for timing of the construction of improvements, a list of the construction documents to be submitted, assignment of responsibility for completion of improvements, the type of guaranty to be provided, and such other information as may be required by the city that is necessary for completion of the improvements.
(J) Guaranty of improvements. The final plat shall not be filed until all improvements have been completed and accepted or provision made for security in lieu thereof. In lieu of completion of improvements, the subdivider may provide any of the forms of security listed herein in such amount as to cover the projected cost of all required improvements. The amount shall be based on the projected costs, as identified or approved by the City Engineer, that the city would incur at the time the improvements are scheduled for completion. The following types of securities are acceptable in lieu of completion of improvements:
(1) Surety bond;
(2) Escrow account;
(3) Irrevocable letter of credit;
(4) Cashier's check; or
(5) Any other form of security approved by the City Manager and the City Attorney.
(Ord. 170, passed - -2017)