(A) PROCEDURE.
(1) Application. Following notice of sketch plat review of a major subdivision by the Commission, the subdivider shall submit to the Commission a written application, together with the original and copies as required by the Planning Director, of the preliminary plat, improvement plans, and other supplementary material as specified herein. The application package shall be submitted at least thirty (30) working days prior to the regular meeting of the Commission and Board at which the plat is to be presented for review. The plat shall include all land owned or controlled by the subdivider which is or may be suitable for or susceptible to the subdivision or development, and adjoins the land proposed to be subdivided. The plat shall be drawn to a scale of no less than one (1) inch to one hundred (100) feet for the purposes of showing all details clearly. An adequate number of sheets, no larger than 18 by 24 inches, shall be used to show the proposed subdivision in its entirety. Where more than one sheet is required, each sheet shall be numbered in relation to the total number of sheets involved, and each sheet shall have a small key map showing its relationship to the whole.
(2) Review. The Commission shall review the final plat, supplementary material, and findings of the Board and comments by Village Consultants and other governmental agencies as may be appropriate. The Village may require that restrictive covenants be filed in conjunction with the plat. The subdivider shall be responsible for all fees for engineering consultant review and approval.
(3) Annexation and/or Rezoning. If annexation and/or rezoning is proposed or required to accomplish the development envisioned in connection with the plat, the Commission and Board shall withhold conditional approval of the plat until such time as annexation and/or rezoning shall be officially adopted by the Village Board.
(4) Decision. If the final plat is approved by the Commission, an Official Notice of Decision shall be mailed to the subdivider stating the decision, conditions and findings. Should the final plat be disapproved, the Commission shall express in writing the reasons for disapproval. The reasons for disapproval shall be referenced and attached to two (2) copies of the final plat. One (1) of said copies shall be returned to the subdivider and the other shall become part of the files of the Village Clerk’s office. Approval or disapproval shall be given within thirty-five (35) days of the date of submission of a final plat that meets the requirements of this Article, unless the subdivider agrees in writing to a deferral.
(5) Recording. The final plat is in full force and effect only after having been duly recorded in the office of the Bernalillo County Clerk and copies filed with the Director in the Planning and Zoning Department. Approval of the final plat shall become null and void if the plat is not so recorded within thirty (30) days after the date of approval, unless an extension of time is granted by the Commission. Submittal for recording is the subdivider’s responsibility. In the case of a replat, the subdivider shall request the Bernalillo County Clerk to mark the original plat with the words “replatted” or “partially replatted” and refer on the original plat to the filed location of the replat. The Planning Director shall mark the copies of the original plat on file in the Planning and Zoning Department of the Village in a similar manner.
(6) Replat. After final approval of any plat, no lot or block shall be further subdivided or the area of any platting of any street, alley, or easement established by said plat except upon the submission of a replat with the Commission securing its approval in accordance with the procedures herein established. Vacation of any portion of public right-of-way or public easement requires approval of the Board as well as the Commission.
(7) Acceptance of Land. Approval of the final plat by the Commission shall be deemed to constitute acceptance by the Village of dedication of public rights-ofway, other proposed public easements, and public areas shown on the plat, provided the final plat is properly recorded with the Bernalillo County Clerk and the Director of the Planning and Zoning Department, and providing that all required infrastructure and any other conditions have been met as imposed by the Commission or Board and have been installed and approved by the Village.
(8) Public Hearing. No preliminary or final plat of a major subdivision shall be acted upon without a public hearing. An application for the final approval of a major subdivision plat submitted for approval shall contain the name and address of the person to whom a notice of hearing shall be sent. Notice of the time and place of a hearing shall be sent by mail to the address on the plat not less than five (5) days before the day of the hearing first class mail to the subdivider or his agent and to the owners of adjacent property no later than fifteen (15) days in advance of the date of the hearing. Notice of the time and place of the hearing shall be placed by the Village Clerk in a daily newspaper of general circulation within the Village at least fifteen (15) days before the date of the hearing. The subdivider shall be responsible for all costs of public notice for the public hearing.
(A) CONTENTS OF PRELIMINARY PLAT.
(1) Submission for review.
(a) Any person or party proposing to subdivide land shall complete and submit a preliminary plat application, along with copies required by the Planning Director of all application materials as required in this Section for review by the Planning Director, the Village Designated Engineer, the Village Attorney, and the Commission, and the required preliminary plat subdivision processing fees.
(b) The preliminary plat application and submittal materials shall be filed at least thirty (30) days prior to the regularly scheduled Commission meeting at which the preliminary plat application shall be heard.
(c) If sketch plat submission and approval has been required or submitted, a preliminary plat application must include proof by the subdivider that he has addressed and complied with all sketch plat requirements made by the Commission.
(2) Preliminary Plat Requirements. Unless waived by the Commission, the preliminary plat and accompanying documents shall show at least the following:
(a) Proof of financial responsibility on the part of the subdivider.
(b) The location of all present property lines, projected section lines, streets, buildings, watercourses, irrigation easements and facilities, and other existing features within the area to be subdivided and similar information (except buildings and property lines) regarding land immediately adjacent thereto.
(c) The proposed location and width of all proposed streets, alleys, utility and irrigation easements, and areas to be reserved for public use.
(d) Existing utilities, irrigation easements and facilities, drainage courses and culverts within the tract or on streets immediately abutting thereto; the location and size of the nearest water mains and sewer lines; and, a letter of water and sewer availability from the Albuquerque/Bernalillo County Water Utility Authority (ABCWUA).
(e) The title under which the proposed subdivision is to be recorded and the name of the land planner, engineer, registered land surveyor, the subdivider and the owner of the tract, with the address to which any notice is to be sent.
(f) If the property to be subdivided is owned by more than one individual or corporation, the names and signatures of all title holders shall be included on the plat.
(3) Preliminary Plat Hearing. The Commission shall hold a hearing upon the preliminary plat application and proposal not later than sixty (60) days following submission of a completed application as determined by the Planning Director. Notice of the hearing shall be given by the Planning Director on behalf of the Commission by mailing a notice to the applicant at the address set forth on the preliminary plat application, by first class mail.
(4) Approval and form of preliminary plat.
(a) If upon conclusion of the hearing the Commission shall find that such preliminary plat satisfies the requirements of this Section, the Commission shall forward the plat to the Board of Trustees with recommendations for action. The Board of Trustees shall hold a public hearing on the preliminary plat application. If upon conclusion of the hearing, the Board approves the preliminary plat, the Mayor shall sign and date approval thereof to substantiate the following language, which shall have been previously placed on the plat: The proposed plan of subdivision as shown in the preliminary plat herein is approved by the Board of Trustees and the Commission now is ready to receive the final plat of said subdivision for consideration.
(b) One print of such preliminary plat so endorsed shall be returned to the subdivider by personal delivery or mail, and one print with such findings shall be placed in the files of the Director in the Planning and Zoning Department.
(c) A subdivider may be required to submit to the Board an amended preliminary plat for the purpose of complying with any order of the Commission or Board.
(B) CONTENTS OF FINAL PLAT.
(1) Preparation of final plat. Receipt by the subdivider of a print of the preliminary plat approved by the Commission and Board shall constitute authority for the subdivider to proceed with further plans and specifications for installation of infrastructure improvements. Applicant shall prepare a final plat application upon proof of compliance with the terms of the Commission’s preliminary plat approval, all Village standards, this Section, and any subdivision improvement agreements and private agreements which the subdivider may have entered into for the purposes of receiving preliminary plat approval. The final plat must be prepared by a surveyor licensed and registered in New Mexico as required in NMSA 1978, Section 3-20-2, and by a licensed engineer if required.
(2) Final plat submission.
(a) Following final preliminary plat approval and the presentation of proof by the subdivider that he has complied with all preliminary plat requirements, the subdivider shall complete and submit a final plat application and copies as required by the Planning Director, of all application materials as required in this Section for review by the Planning Director, and the Village Designated Engineer, the Village Attorney, and the Commission.
(b) The Commission shall hold a hearing on the final plat application not later than thirty five (35) days following the submittal of a completed final plat application. The application shall be deemed complete by the Planning Director.
(c) The Commission shall hold a hearing at which the applicant shall present the proposed development as shown on the final plat application and submittal. After the hearing, the findings of the Commission shall be made and the Commission shall note on the final plat application whether the plat has been approved in whole, approved with conditions, denied, or whether the applicant shall be required to submit an amended final plat application for the purpose of demonstrating that the applicant has complied with the orders of the Board of Trustees and the Commission and with the terms of the Final Plat approval.
(d) Upon receipt of final unconditioned approval of the final plat by the Commission, and an Official Notice of Decision with conditions and findings has been provided, the applicant shall record the plat in the Office of the Bernalillo County Clerk. Two (2) paper copies of the recorded plat shall be submitted to the Planning and Zoning Department within thirty (30) days of recordation. No building permits will be approved for development within said subdivision until a copy of the recorded plat has been received by the Department.
(3) Contents of the Final Plat.
(a) The final plat shall be in conformity with the requirements of applicable state statutes and shall be an accurate drawing designating specifically the land so laid out, and particularly describing the portions thereof intended to be dedicated for public use. Such final plat shall be produced by computer and printed in black ink, or drawn by hand in black ink to a scale of not more than 100 feet to the inch from an accurate survey. It shall contain one or more sheets of dimensions not exceeding 18 inches by 24 inches. If more than two sheets are submitted, an index sheet of the same dimensions shall be attached showing the entire subdivision on one sheet and the component area on the remaining sheet.
(b) Information. The final plat shall contain the following information:
1. Name and legal description of subdivision; name and address of subdivider and agent; name and certification of licensed surveyor and any other principal persons preparing the preliminary plat.
2. Scale and north arrow.
3. All survey monuments shall be indicated and there shall be at least one permanent survey monument for each subdivision. Location of and method of ties to permanent survey monuments and location and type of subdivision control monuments. Descriptions of all monuments found or set. Survey monuments shall be referenced to the federal sectionalized land system.
4. Subdivision boundary lines; bearing in degrees, minutes, and seconds with basis for bearings noted or shown; distances in feet and hundredths. Total area of plat to nearest one-hundredth acre.
5. Lot lines with bearings in degrees, minutes and seconds and distances in feet and hundredths; public right-of-way and street widths; and centerline data; indicate roadways intended to be private; locations, dimensions, and purpose of all easements, public or private and to whom they are granted; rights-of-way for public services or utilities including irrigation, and any limitations thereof.
6. Existing conditions of the site and its environs including the following:
a. Present site designation or subdivision name.
b. Easements on site: location, width and purpose.
c. Utilities on and adjacent to the site: location and, if applicable, size of water wells, water lines, sanitary sewers, gas lines, fire hydrants, irrigation facilities, cable, electric and telephone lines.
d. Existing storm drainage facilities on and adjacent to the site.
e. Other significant conditions on the site: all structures, trees, etc.
f. Conditions on adjacent land significantly affecting design of the subdivision: approximate direction and gradients of ground slope; character and location of development.
g. Zoning on and adjacent to the site, including all applicable setback lines.
7. Location map showing location of the site in relation to well-known landmarks, abutting property owners, and municipal boundaries. Indicate location and distance of public right-of-way providing access to subdivision. Include name, width, type and specifications of surfacing. Show reference to recorded subdivision plats of adjoining platted land by recorded name, date, book and page number in the office of the County Clerk.
8. Number or letter to identify each lot and block.
9. Gross and Net lot areas in acres to the nearest third decimal place. If private roads are proposed, lot areas shall be shown inclusive and exclusive of the ingress and egress easement.
10. The accurate location and dimensions of all property for dedication for public use, with the purpose indicated thereon, and of all property that is to be reserved by deed covenant for the common use of the property owners of the subdivision. The ownership of such common property and the maintenance responsibility for it shall be clearly identified.
11. The following language shall be placed upon each plat:
Public utility easements shown on this plat are not exclusive and are dedicated for the common and joint use of the utilities designated on this plat, their successors and assigns, and for the use of any other public utilities whose use of said easements is deemed to be in the public interest by the Village of Los Ranchos de Albuquerque.
(c) Consent and Dedication. Statements signed by the owner or agent of the owner that:
1. The subdivision is with the free consent and in accordance with the desire of the owner of the land;
2. The public rights-of-way and other public areas shown on the plat are dedicated to the Village.
3. The easements as shown on the plat are granted for the specified use, showing to whom they are granted, who is responsible for maintenance and any conditions associated therewith.
(d) Certifications. The following persons shall make the following certifications:
1. Land surveyor, in accordance with the laws of the State of New Mexico and applicable subdivision ordinances certifying the accuracy of the survey and plat, the date of the survey, that he prepared or supervised preparation of the plat, and that he has shown all easements of record.
2. County Treasurer that the previous ten years’ property taxes due and payable have been paid.
3. Authorized representatives of the local water and sanitary sewer, electric, gas, telephone, and cable utilities certifying that their systems’ needs have been met; this requirement may be waived for subdivision when the Board determines that the requirements of such utilities are found to be unreasonable or not in the public interest.
4. Middle Rio Grande Conservancy District certifying that their irrigation requirements have been met.
(e) Supplementary Material. The following supplementary reports shall be submitted with the final plat, as required by the Planning and Zoning Commission or the Board.
1. Storm Drainage Management. The subdivider shall furnish a plan for the collection of storm water from the subdivision in accordance with § 4.3.1 et seq., Stormwater Management.
2. Soils Analysis. The subdivider shall provide a soils analysis by a qualified soil scientist to determine the adequacy of the soil for the proposed construction.
3. Special Problems Analysis. For land with difficult topography or other geographic hazards to life, health or property, a report and proposed solution shall be prepared satisfactory to the Board.
4. Improvement Plan. The subdivider shall provide a detailed plan with specifications for all improvements required to be installed. These include road and street construction and surfacing, fences, utilities (water, gas, electric, sewage), and fire hydrants. Responsibility for maintenance to be indicated when applicable. The plan shall include a schedule for lot development, which shall indicate when improvements will be provided.
5. Any other relevant information as determined by the Commission or the Board.