A. Preapplication Contact And Sketch Plat:
1. Prior to the submission of a sketch plat as required by this chapter, the subdivider shall contact the planning commission chairman and any other administrative personnel or private agencies to determine:
a. Procedures and requirements for filing the sketch plat and preliminary and final plat.
b. Availability of public water and sewer, or requirements when public systems are not readily available.
c. Zoning requirements on the property.
d. Requirements of the duly adopted comprehensive plan for major streets, land use, schools, parks and other public open space.
e. The location and extent of any floodplains.
2. As a part of this contact, the subdivider may discuss with the planning commission, or any other appropriate agency, its tentative proposals for the development of the property.
3. The subdivider shall submit, and the planning commission shall review and comment on, a sketch plat prior to the preparation of a preliminary plat. The sketch plat shall contain:
a. The outline of the area to be subdivided with approximate boundary dimensions and locations or reference points to existing lots or development.
b. Existing streets and roads and principal utility lines and storm drainways on adjoining properties to service the area, location and extent of floodplain.
c. North point, scale and date.
d. Total acreage within proposed subdivision.
The planning commission shall make such a review at its next regular meeting and make its comments known to the subdivider in writing within five (5) days from the date of the review.
4. The purpose of this preapplication procedure is to determine any problems with the proposed development before expenses are incurred in the preparation of a preliminary plat. No official action is required of the planning commission or other agencies, other than offering appropriate comments on the proposal and indicating suitability for proceeding through the platting process.
B. Preliminary Plat:
1. Preliminary plats shall be submitted in twelve (12) copies and, if requested, a reproducible copy to the planning commission. The preliminary plat shall consist of drawings and accompanying material and information as prescribed by this chapter.
2. The preliminary plat drawing shall be prepared at a scale of one inch equals one hundred feet (1" = 100') or larger for subdivisions where the majority of lots are less than five (5) acres in size. The scale may be reduced to one inch equals two hundred feet (1" = 200') for subdivisions in which the minimum lot size is five (5) acres or more. The face of the drawing shall contain the following information:
a. The name of the subdivision. The name shall not duplicate or too closely resemble the name of any subdivision previously filed in the county.
b. Date of preparation, scale and north arrow. The top or left side of each sheet shall represent north wherever possible.
c. The name, address and telephone number of the developer or subdivider, and the individual or firm responsible for the preparation of the preliminary plat.
d. The boundary lines of the subdivision in a heavy solid line, referenced to section or quarter lines.
e. Existing contours at a maximum interval of five feet (5') unless waived by the planning commission.
f. General location and extent of any significant natural features such as drainageways, or steep slopes.
g. Floodplains as delineated on maps available from the planning commission or other agency.
h. Location, dimensions and names of existing roads, streets, alleys, and structures within one hundred feet (100') immediately adjacent to the property showing how they relate to the proposed subdivision layout.
i. Location, size and grades of existing sanitary and storm sewers and location and size of water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision and within one hundred feet (100') adjacent thereto.
j. Location and dimension of all easements of record.
k. Location and width of proposed streets, alleys, pedestrianways and easements.
l. Layout, numbers and dimensions of proposed lots and blocks.
m. Location, dimension and size in acres of all sites proposed to be used for commercial, industrial, multi-family, residential, public or quasi-public use with the use noted.
3. The following information and material shall be a part of any preliminary plat submittal and shall accompany the preliminary plat drawing:
a. Payment of the total amount of the preliminary plat fee.
b. A vicinity map drawn at a scale of one inch equals one thousand feet (1" = 1,000'), or one inch equals two thousand feet (1" = 2,000'), showing the location of the proposed subdivision in the village and its relationship to surrounding development.
c. A legal description of the subdivision boundary.
d. A description of all monuments both found and set, which mark the boundary of the subdivision, and a description of all control monuments used in the survey.
e. Existing zoning and land use of the proposed subdivision and immediately adjacent areas.
f. A summary of the total number of acres, number of lots, acreage of commercial or industrial areas, acreage of open space, and amount of land in rights of way, and other descriptive material useful in reviewing the proposed subdivision.
g. A statement explaining the proposed design and function of the water, sewage, paving, sidewalk and drainage systems, their compatibility with existing systems, and the timing and/or phasing of installation.
h. A statement describing the development and maintenance responsibility for any private streets, ways or open space.
i. The recommendations of a qualified professional engineer of the affected soil conservation district regarding soil suitability, erosion control, sedimentation and flooding problems.
j. A description of phasing and scheduling of phases for the development if the final plat is to be submitted in separate phases.
k. A petition for annexation to the village if the land to be subdivided is contiguous to and outside (either by itself or as part of a larger tract) the boundaries of the village.
l. An application for appropriate zoning for the subdivided area if the area is to be annexed or if the existing zoning district does not allow the types of uses proposed.
m. The names and addresses of all owners of subdivided lots and unplatted land contiguous to or within two hundred feet (200') of the boundary of the proposed subdivision.
n. A completed preliminary plat checklist on the standard forms provided.
4. After receipt of the preliminary plat and all required supporting material the village trustees shall schedule for consideration at the next regular meeting of the planning commission which occurs within twenty one (21) days after the plat is submitted. Within three (3) days, copies of the preliminary plat will be sent to appropriate officials for review and comment.
5. Individuals receiving referral copies of the preliminary plat will return written comments to the planning commission within ten (10) days after receipt of the plat. The planning commission will summarize received comments and present these and recommendations for consideration.
6. At least seven (7) days prior to the date of the planning commission meeting at which the plat is to be considered, the village shall, from information provided by the subdividers, notify owners of the subdivided lots and owners of unplatted land within two hundred feet (200') of the boundaries of the proposed subdivision of the time and date of the meeting.
7. The subdivider, or his duly authorized representative, shall attend the planning commission meeting at which the proposal is scheduled for consideration.
8. At the planning commission meeting, the subdivider and all other interested or affected parties shall be allowed to offer comments. Within fifteen (15) days of the meeting, the commission shall approve or disapprove the preliminary plat; within ten (10) days after the date of the meeting at which final action was taken, the commission shall notify the subdivider and the council of its decision. If conditions are attached to its approval, the subdivider and council shall be informed of such conditions; if the preliminary plat is approved, a certificate, to be worded as follows, will be issued to the subdivider:
The proposed plan of subdivision as shown in the preliminary plat herein is approved and the Commission now is ready to receive the final plat of said subdivision for consideration.
Signed and dated by the chairman of the planning commission.
9. Within thirty (30) days of receipt of the planning commission's recommendation, the council shall, by motion, act on the preliminary plat and the commission's recommendation, and shall send notices of its action to the commission and the subdivider.
10. Approval of the preliminary plat by the council shall be effective for six (6) consecutive calendar months from the date of approval. The subdivider may apply in writing for, and the planning commission may, for cause shown, grant up to a six (6) month extension. If a final plat has not been submitted within this specified period on all or a portion of the land area included in the preliminary plat, a preliminary plat must again be submitted for approval. In a phased development, if there is any land area for which a preliminary plat has been approved and for which a final plat has not been submitted within twenty four (24) months from the date of the approval of the preliminary plat, the applicant shall not be allowed to proceed with final platting until a new preliminary plat is submitted and approved.
C. Contents And Approval Of Final Plat:
1. After approval of the preliminary plat, a final plat may be prepared and submitted. 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. The final plat and required supporting material shall conform to the design and engineering standards set forth in this chapter and to any conditions of approval specified by the planning commission and council.
2. 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 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. The final plat shall be clearly and legibly drawn in black waterproof India ink upon tracing linen, Mylar of 0.004 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 twenty four inches (24") high by thirty six inches (36") wide. Information of the plat should be so positioned that a one and one-half inch (11/2") margin is on the left hand side of the plat and a one-half inch (1/2") margin is shown on the remaining sides. The final plat shall be prepared at a scale of one inch equals one hundred feet (1" = 100'), or at a scale of one inch equals two hundred feet (1" = 200') for subdivisions in which the minimum lot size is five (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 (for example, "Sheet 2 of 4"). The relationship of one sheet to the other shall be shown by key maps and by match lines.
4. The original linen or Mylar, one reproducible copy (sepia not acceptable) and four (4) prints of the final plat and two (2) copies of all required supporting material shall be submitted to the planning department at least fourteen (14) days prior to the planning commission meeting at which the final plat is to be considered.
5. The submitted final plat shall contain the notarized signatures of the owners of any and all equitable or legal interest in the land, of whatever nature, and the signature of the registered land surveyor who prepared the plat.
6. All final plats shall include the following information on the face of the plat:
a. All final plats shall include the subdivision, centered at the top of each sheet.
b. General location of the subdivision by section, township, range, county and state, entered under the name of the subdivision.
c. North arrow, date and scale.
d. Boundary lines of the subdivision in a heavy solid line.
e. Bearings, distances and curve data of all perimeter boundary lines indicated outside of the boundary lines.
f. On curved boundaries and on all curves within the plat, sufficient data to allow the reestablishment of the curves on the ground.
g. The location and layout of lots, blocks, tracts, streets, alleys, easements and other public grounds 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.
h. Drainage easements, clearly labeled as such.
i. The names of all streets.
j. All lots logically and consecutively numbered in the center of the lot.
k. All dimensions shown on irregularly shaped lots.
l. 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.
7. The following material shall be submitted to the planning commission with the final plat:
a. Legal description of the subdivision boundary based on accurate traverse, giving bearing and linear dimensions that result in a maximum allowable error of closure of one part in ten thousand (10,000).
b. The location and description of the point of beginning and its proper reference to the monumented boundary survey.
c. The location and description of all monuments.
d. A notation of the total acreage of the subdivision and the total number of lots.
e. 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.
f. A notarized certificate of a registered land surveyor, registered under the laws of the state, stating that the plat is true, accurate, and complete.
g. A notarized certificate of a licensed engineer attesting to the adequacy of and in compliance with engineering provisions and requirements.
h. Certificate of preliminary approval by the village planning commission.
i. Certificate for recording by the county clerk and recorder.
8. The final plat shall be accompanied by the total amount of the final plat fee.
9. After receipts of the final plat, the planning commission shall review the submittal for completeness and for conformance with the approved preliminary plat. The commission may refer copies of the final plat to and seek comment from other officials and agencies. Any such comments should be made known to the commission within ten (10) days after the date of submittal of the final plat.
10. The final plat shall be scheduled for the consideration of the planning commission at its next regular meeting after a fourteen (14) day review period. After due deliberation, the planning commission shall approve, conditionally approve, or disapprove the final plat. Approval of a final plat by the planning commission shall remain effective for eighteen (18) months.
11. Within ten (10) days after the date of the meeting at which final action was taken, the planning commission shall notify the subdivider and the council of its action. If the final plat is approved, the subdivider may proceed in accordance with subsection D of this section. If the final plat is disapproved by the commission or conditionally approved, and the subdivider wishes to appeal the conditions, the subdivider may request a hearing before the council appealing the action of the commission. The request shall be submitted in writing within thirty (30) days of the action or decision appealed from and shall state the specific relief which the subdivider or landowner seeks. Within thirty (30) days of the receipt of such a request, the council shall hold a hearing to determine the proper disposition of the matter. At the hearing, the council shall consider not only the subdivider's appeal, but also the written or verbal comments of the commission. The council shall either reaffirm or modify the decision of the commission, and shall note the decision in the record of its hearing. This decision shall be binding upon all boards and administrative personnel of the village.
D. Supporting Materials For Final Plat; Recording Of Plat:
1. Required Submittals: A complete final plat submittal shall consist of the final plat as approved by the planning commission and all required supporting materials. Following approval of the final plat by the planning commission, the subdivider shall submit the following supporting material relating to the final plat to the planning commission:
a. Final Plat Checklist: A final plat checklist shall be submitted on the standard forms provided.
b. Drainage Report: A drainage report for the site in question and all pertinent off site areas shall be prepared by a licensed engineer or hydrologist. The report shall examine 100-year storm flows and the 100-year high water mark of any river, creek, arroyo, gully, diversion ditch, spillway, reservoir, etc., that may in any way affect the project area, along with the depth of flow for 100-year runoff. A certificate shall be provided, signed and sealed by a registered professional engineer, that all drainage facilities utilizing gutters and streets are designed and sized to handle one hundred percent (100%) of the flow of the 100-year runoff (Q 100).
c. Soils Report: A soils report for the site in question and pertinent off site areas shall be prepared by a licensed engineer or soil scientist. The report shall indicate the type and location of soils, using the unified soil classification system, shall contain drill logs and swell consolidation curves, and shall contain a discussion of any present or potential hazards associated with the soils on the site along with measures which could be taken to mitigate such hazards. In addition, the soils report shall contain recommendations on subsurface area drains and peripheral drains, foundation design, erosion control measures and surface drainage.
d. Grading, Drainage And Development Plan:
(1) A grading, drainage and development plan shall be prepared at a scale of one inch equals one hundred feet (1" = 100') or larger showing rights of way, easements, walkways, parks, common areas, roadways, water lines and reservoirs, sewer lines, manholes and treatment facilities, curbs and gutters, culverts, drains, storm water detention and retention basins, swales, ditches and other drainage devices, spot top of curb elevations, high and low street points, drainage arrows, street plans, all drainage areas and acreage, all 100-year storm flows (Q 100s) adjacent to and/or flowing onto the development and on site at each surface flow junction, storm water pick up and take off points designed to handle 100-year flow on the surface, and cross sections and high water elevations for all 100-year flows. Spot elevations shall be given for all inverts, low points and flowing entry and exit points.
(2) For residential subdivisions, all minimum building setbacks shall be shown. No 100-year flow line shall encroach upon any minimum setback line.
(3) The following standards shall be used in preparation of the grading, drainage and development plan: 100-year storm flows shall not exceed two hundred (200) CFS per half street when feasible; pipes into which surface water flows will have a minimum diameter of fifteen inches (15"); and a capability for handling all Q 100s on the surface of the roadway. Exceptions and variations to these standards must be recommended by a licensed engineer and approved by the village engineer or acting village engineer.
e. Construction Plans And Details: Construction plans and details must be prepared by a registered professional engineer in the state of New Mexico and shall provide for all improvements indicated on the grading, drainage, and development plan, including right of way and easement cross sections showing construction and placement of streets, walks, curbs, gutters, medians, ditches, utilities, planting strips and property lines; details of fire hydrants, valves, manholes, pipe junctions, pumps, catch basins, etc.; street profiles showing natural and finished grades, centerlines and both curbs, with a recommended minimum vertical scale of one inch equals fifty feet (1" = 50'); sanitary sewer line and manhole profiles with natural finished grades, showing area under drains, if applicable, and the location of gravity outfall lines; storm drainage system profiles showing natural and finished grade; erosion control and revegetation details; and other details as necessary to adequately convey the design intent.
f. Deeds: When required by the village, assurance of a warranty deed or other acceptable instrument conveying any public lands other than streets, alleys, or easements shown on the final plat to the village and title insurance of said public lands, shall be presented to the village upon approval of the final plat. Method of assurance shall be approved by the village attorney.
g. Fees In Lieu Of Land: 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.
h. Title Opinion: Evidence satisfactory to the village 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.
i. Floodplain Statement: If a subdivision lies within the 100-year floodplain, this statement shall appear on the face of the final plat and on all contracts and agreements relating to the subdivision:
This subdivision is located in the 100-year floodplain as defined by the Department of Housing and Urban Development.
j. Performance Bond: A contractor's performance bond to guarantee the complete and timely development of any facilities or improvements which are the subdivider's responsibility shall be submitted.
2. Review: Upon submittal of all required supporting material to the final plat, the planning commission shall review such material for completeness to determine whether a complete final plat submittal has been made and shall refer the material to appropriate personnel for review and comment. Upon being notified of the comments and any necessary approvals, the planning commission shall recommend that the subdivision be approved or disapproved. If approval is recommended, a certificate, worded as follows:
This final plat of subdivision is recommended to the governing body for approval, subject to certifications by the Clerk that all arrangements for public improvements required by the Land Subdivision Regulations have been made.
Signed and dated by the members of the planning commission and the final plat, together with pertinent supporting materials, and the commission's recommendation shall be forwarded to the council for action. No incomplete final plats shall be forwarded to the council for action.
3. Council Action: Following receipt of the recommendations of the planning commission along with the final plat and accompanying materials, the council shall either approve the final plat or disapprove the final plat and notify the subdivider of the condition to be met to gain approval. If a disapproved final plat is modified and resubmitted to the council at a later date for its consideration. The council may require the concurrent submittal of an updated ownership and encumbrance report or title opinion.
4. Subdivisions Outside Of The Incorporated Municipality: The county and a municipality shall exercise concurrent jurisdiction over territory within the platting jurisdiction of both the county and the municipality. Therefore, any proposed subdivision within the extraterritorial planning and platting jurisdiction of the village shall have the approval of both the village and Dona Ana County before the final plat of the subdivision shall be recorded by the Dona Ana County clerk.
5. Filing With The County Clerk: Upon approval of the final plat by the council, the subdivider shall be notified to submit payment for the recording fee to the planning commission, and the planning commission shall transmit the subdivider's recording fee and the duly approved and executed final plat to the Dona Ana County clerk for the filing of the final plat among the official records of the county. (Ord. 319 § 7, 2003)