A. Preapplication Meeting: Before submitting an application for subdivision, the subdivider shall first schedule a meeting with the Community and Economic Development Department for review and advice concerning the correct subdivision process and the relation of the Comprehensive Plan and other adopted plans of the City to the proposed subdivision. Prior to the preapplication meeting, the subdivider shall submit a location map, sketch plan showing in general the proposed layout of the subdivision, and a written description of the proposal. A phased subdivision or large scale development requires at least one preapplication meeting.
1. Location map: The location map shall consist of data added to an existing base map such as a United States Coast and Geodetic Survey or City of Sunland Park base map, covering an area of at least one mile radius from the tract proposed for development. The location map shall show the following information:
a. Name(s) of the owner(s) of the land to be subdivided.
b. Existing streets and roads, principal utility lines and storm drainways on adjoining properties to service the area.
c. North point, scale and date.
d. Approximate total acreage within proposed subdivision.
e. Title of proposed subdivision; names and addresses of property owner, subdivider, land planner, engineer and land surveyor.
2. Sketch plan: The sketch plan shall show the proposed layout in simple sketch form on the base map used for the location map or a current survey. The sketch plan shall show the following information:
a. General proposed layout of blocks, lots and other features.
b. Proposed layout of streets.
c. Proposed locations of public spaces, residential and nonresidential areas and approximate acres of each.
d. Existing easements.
e. One hundred (100)-year floodplain from FEMA approved maps or superceding report and general concept of modification of the floodplain, if proposed.
f. Identification of any major thoroughfare as shown in the Sunland Park Comprehensive Plan that abuts or is located within the proposed subdivision
3. Additional information may include the following if available:
a. Description of how subdivider intends to meet the park dedication requirement.
b. Information on existing and proposed covenants.
c. Description of physical characteristics of the land, including topography, surface drainage and proposed grading.
d. Preliminary drainage or other engineering studies.
e. Purpose of the subdivision if other than creating lots for development.
B. Alternative Summary Procedure: The Community and Economic Development Department, upon recommendation by the City Engineer that the plat complies with this Title, is hereby authorized to approve and sign certain subdivision plats as follows:
1. Subdivisions of not more than two (2) parcels of land; or
2. Resubdivision, where the combination or recombination of portions of previously platted lots does not increase the total number of lots by more than two (2), provided that no streets or other public areas are created through the plat which are intended to be dedicated for public maintenance; or
3. Subdivisions of two (2) or more parcels of land in areas zoned for industrial use, provided that no streets or other public areas are creaed through the plat which are intended to be dedicated for public maintenance.
4. Filing With County: The final plat is not in full force and effect until it has been duly recorded in the office of the Dona Ana County clerk and copies filed with the Community and Economic Development Department. Approval of the final plat shall become null and void if the plat is not recorded within six (6) months after the date of approval unless an extension of time is granted by the Governing Body. The subdivider is responsible for submitting the final plat for recording. After filing the original plat drawing and the required number of copies with the Dona Ana County Clerk, the subdivider shall submit to the Community and Economic Development Department one copy of the final plat as recorded and stamped by the Dona Ana County Clerk. No building permit shall be issued until the copy of the recorded final plat as been placed on file with the City.
5. Any subdivision approved as authorized in this Section shall be in substantial conformity with this Title. Approval by this summary procedure shall be endorsed on the plat or on the instrument of conveyance in lieu of a plat and such approval shall be conclusive evidence of the approval of the Planning and Zoning Commission.
C. Minor Subdivision: An application for subdivision or plat amendment shall be reviewed by Minor Subdivision procedures if the proposed subdivision or plat amendment meets the definition of a Minor Subdivision. The Minor Subdivision review process includes the following procedures:
1. Final Plat:
a. Plat Submittal:
(1) Following review of the preapplication sketch, the application shall be filed on a form available from the Community and Economic Development Department together with the required fee. The application shall be accompanied by the required number of copies of a plat meeting the requirements for final plat as described in this Title. The plat shall be submitted to the Community and Economic Development Department in advance of the time and date established as the deadline for the regular meeting of the Planning and Zoning Commission.
(2) Before accepting the submittal as complete, the Community and Economic Development Department will review the application. Within five (5) business days, the Department will accept the application if it is determined to be complete or return the application to the subdivider if the application is incomplete. The submittal will not be accepted for a public hearing until it is complete.
b. Public Hearing And Notice Requirements:
(1) Required notice, whether posted or mailed, shall state the date, time and place of the hearing, reasonably identify the tract of land that is the subject of the submittal, and give a brief description of the action requested or proposed. Notices shall indicate how the public can get additional information or review the submittal at the Community and Economic Development Department.
(2) Notification Of Property Owners: The applicant, at their expense, shall notify, by certified mail, the owners of all property within two hundred (200) feet of the proposed plat, excluding the distance devoted to existing rights-of-way, the intent to subdivide the subject property. The notice shall state the date, time, and place of the public hearing that the proposed subdivision is to be considered. The applicant shall provide a copy of the notice sent and the original mailing receipts with their completed application. If the mailing receipts are not provided with the preliminary application, the applicant shall provide them within two (2) business days of the date the application is accepted as complete. The City shall provide the applicant with the mailing list of all owners of record with Dona Ana County at the time of the application.
(3) Advertisement Of Public Hearing: The city shall post notice of the date, time, and place of the public hearing to be held before the Planning and Zoning Commission on the proposed subdivision at least fifteen (15) days prior to the date of the hearing in locations where public hearings are typically posted. The location of the proposed subdivision and other pertinent information shall be included.
(4) Posted Sign: The City will post at least one notice on each public right-of-way abutting the property that is the subject of the application at a point that is visible from the right-of-way. The sign will be posted for at least fifteen (15) consecutive days prior to the hearing. The sign will indicate the case number reference, legal description or address of the property, the type of request, contact for additional information about the application, and the date, time and place of the Planning and Zoning Commission public hearing.
2. Planning And Zoning Commission Public Hearing: After staff has reviewed the application and determined it to be complete, the final plat will be submitted to the Planning and Zoning Commission for public hearing and recommendation to the Governing Body. Final submission of a plat under the terms of this Title shall be deemed to occur on the date that the application is accepted as complete. The Planning and Zoning Commission shall review all materials required to be submitted, consider the comments of the public received at the public hearing or submitted in writing, as well as the comments of city staff and other governmental agencies. The Planning and Zoning Commission shall then make a recommendation to the Governing Body to approve the application, disapprove the application, or approve the application subject to certain conditions. The Planning and Zoning Commission shall set forth the reasons for its decision in writing. If the Planning and Zoning Commission lacks a quorum, the final plat will be forwarded to the Governing Body without a recommendation unless an extension is requested by the applicant.
3. The applicant may agree to an extension of time for the Planning and Zoning Commission to hold the required public hearing, in which case the time within which the Governing Body is required to act on the final plat is extended. Provide For Improvements: The subdivider shall provide for the required public improvements as part of its final plat submittal according to the method required under Chapter 6 of this Title, and as provided in Chapter 6 of this Title.
4. Governing Body Approval Required: The Governing Body shall act to approve or disapprove the application for final plat approval within thirty-five (35) days from the date of the submission of a complete application for final plat unless the applicant agrees to an extension.
a. The Governing Body shall consider the recommendation of the Planning and Zoning Commission, and shall review all of the materials and written comments submitted to the Commission, as well as the comments made at the public hearing held before the Commission. The Governing Body may also consider other materials or public comments received at the meeting when the recommendation is considered.
b. The applicant may agree an extension of time for the Governing Body to act upon the application for final plat approval, in which case the time within which the Governing Body is required to act on the application is extended to the next regularly scheduled Governing Body meeting.
c. If the final plat is approved by the Governing Body, such approval shall be recorded on the cover sheet of the original drawing of the final plat and on three (3) copies and shall be dated and verified by the signature of the Mayor or designated representative of the Governing Body.
d. If the final plat is disapproved, the Governing Body shall provide the reasons for disapproval in writing. The reasons for disapproval will be attached to two (2) copies of the final plat. One copy shall be returned to the subdivider and one copy shall be retained in the files of the Community and Economic Development Department.
e. If the Governing Body fails to approve or disapprove the application for final plat approval within thirty-five (35) days from the date of the final submission of the plat, other than from any extension of time agreed to by the applicant before the Planning and Zoning Commission or before the Governing Body, then the plat is deemed to be approved, and upon demand, the Governing Body shall issue a certificate approving the plat which the mayor shall sign and to which the city clerk shall attest.
5. Filing With County: The final plat is not in full force and effect until it has been duly recorded in the office of the Dona Ana County clerk and copies filed with the Community and Economic Development Department. Approval of the final plat shall become null and void if the plat is not recorded within six (6) months after the date of approval unless an extension of time is granted by the Governing Body. The subdivider is responsible for submitting the final plat for recording. After filing the original plat drawing and the required number of copies with the Doha Ana County Clerk, the subdivider shall submit to the Community and Economic Development Department one copy of the final plat as recorded and stamped by the Doha Ana County Clerk. No building permit shall be issued until the copy of the recorded final plat as been placed on file with the City.
D. Major Subdivision: An application for subdivision or plat amendment that does not meet the requirements for the alternative summary procedure or the definition of a minor subdivision shall be reviewed by major subdivision procedure. The Major Subdivision Procedure includes the following steps:
1. Preliminary Plat:
a. Plat Submittal: Following review of the preapplication meeting, if applicable, the application shall be filed on a form available from the Community and Economic Development Department together with the required fee. The application shall be accompanied by the required number of copies of a plat meeting the requirements for final plat as described in this Title. After staff has reviewed the application and determined it to be complete, the preliminary plat will be submitted to the Planning and Zoning Commission for its recommendation of approval.
b. Notification Of Property Owners: The applicant shall notify, by certified mail, the owners of all property within two hundred (200) feet of the proposed plat, excluding the distance devoted to existing rights-or-way, the intent to subdivide the subject property. The notice shall state the date, time, and place of the public hearing that the proposed subdivision is to be considered.
c. Advertisement of Public Hearing: The city shall post notice of the date, time, and place of the public hearing to be held before the Planning and Zoning Commission on the proposed subdivision at least 15 days prior to the date of the hearing in locations where public meetings are typically posted. The location of the proposed subdivision and other pertinent information shall be included.
d. Posted Sign: The City will post at least one notice on each public right-of-way abutting the property that is the subject of the application at a point that is visible from the right-of-way. The sign will be posted for at least fifteen (15) consecutive days prior to the hearing. The sign will indicate the case number reference, legal description of the property, the type of request, contact for additional information about the application, and the date, time and place of the Planning and Zoning Commission public hearing.
e. Hearing On Preliminary Plat: A hearing upon such proposal for subdivision as stated in the preliminary plat shall be had before the Planning and Zoning Commission not later than its second regular meeting following filing. The Planning and Zoning Commission shall review all materials required to be submitted, consider the comments of the public received at the public hearing or submitted in writing, as well as the comments of city staff and other governmental agencies. The Planning and Zoning Commission shall approve the application, disapprove the application, or approve the application subject to certain conditions. The Planning and Zoning Commission shall set forth the reasons for its recommendation in writing.
(1) The applicant may agree to an extension of time for the Planning and Zoning Commission to hold the required public hearing, or to review and make its recommendation to the Governing Body, in which case the time within which the Governing Body is required to act on the final plat is extended.
(2) If the Planning and Zoning Commission fails to approve or disapprove the preliminary plat on the date of the first scheduled public hearing, unless an extension is agreed to by the applicant, then the application shall be deemed approved and upon demand the Planning and Zoning Commission shall issue a certificate approving the preliminary plat. One copy of the preliminary plat shall be returned to the subdivider with the date and reason for approval or disapproval and any changes or additions that may be required.
f. Notice thereof shall be given by the Community and Economic Development Department on behalf of the Planning and Zoning Commission by mailing a notice to the person or persons who filed the preliminary plat to the address or number set forth in the filed papers.
g. Approval And Form Of Preliminary Plat:
(1) If upon the conclusion of such hearing the Planning and Zoning Commission shall find that such preliminary plat satisfied the requirements of this Title, the chairman of the Planning and Zoning Commission shall sign and date approval thereof in substantially the following language:
The proposed plan of subdivision as shown in the preliminary plat herein is approved and the Planning and Zoning Commission now is ready to receive the final plat of said subdivision for consideration.
(2) One print of said preliminary plat so endorsed shall be returned to the subdivider by personal delivery or mail, another print so endorsed shall be retained by the Planning and Zoning Commission and one print with said findings shall be placed in the files of the Community and Economic Development Department. A subdivider may submit to the Planning and Zoning Commission an amended preliminary plat for the purpose of complying with any order of the Planning and Zoning Commission. In such event, twelve (12) prints thereof shall be filed with the Community and Economic Development Department for resubmission to the required agencies and the Planning and Zoning Commission.
h. Provide For Improvements: The subdivider shall provide for the required public improvements according to the method required under this Title and the plat shall be submitted to the Governing Body for final approval, all as provided in this Title.
i. Effective Period Of Preliminary Plat Approval: The approval of the preliminary plat shall be effective for a period of one year, at the end of which time the recommendation for final plat approval of all or a portion of the preliminary plat must have been obtained from the Planning and Zoning Commission or the applicant must have applied for and been granted an extension by the Planning and Zoning Commission. An extension of one year will automatically be granted upon approval of improvement plans within the initial one-year period. Any preliminary plat not receiving a recommendation for final plat approval of all or a portion of the preliminary plat or obtaining an extension within this time period shall be null and void, and the subdivider shall be required to resubmit a new plat for preliminary plat approval subject to any new zoning and subdivision regulations.
2. Final Plat: Following the approval of the preliminary plat, the applicant shall file an application for final plat approval on a form available from the Community and Economic Development Department together with the required fee. The application shall be accompanied by the required number of copies of a plat meeting the requirements for final plat as described in this Title and the completed agreement providing for public improvements.
a. Submission For Review By Planning And Zoning Commission:
(1) The final plat may, in the discretion of the subdivider, constitute only such portion of the tract covered in the preliminary plat as the subdivider proposes to presently record and develop.
(2) If a final plat of the entire subdivision or of such portion as the subdivider proposes to presently record and develop, is not submitted within the effective period of preliminary plat approval, shall become null and voidunless the applicant requests and is granted an extension.
(3) Where a portion of a plat has been approved as a final plat and has been developed, and within six (6) months after completion of such development, an additional final plat or improvement plans have not been submitted for additional approval or the subdivider has not requeste an extension, the provisions of this subsection providing that it shall become null and void will apply.
(4) Four (4) prints of the final plat shall be filed with the Community and Economic Development Departments least fifteen (15) days before the next regular meeting of the Planning and Zoning Commission.
b. Advertisement Of Public Hearing: The city shall post notice of the date, time, and place of the public hearing to be held before the Planning and Zoning Commission on the proposed subdivision at least fifteen (15) days prior to the date of the hearing in locations where public meetings are typically posted. The location of the proposed subdivision and other pertinent information shall be included.
c. Posted Sign: The City will post at least one notice on each public right-of-way abutting the property that is the subject of the application at a point that is visible from the right-of-way. The sign will be posted for at least fifteen (15) consecutive days prior to the hearing. The sign will indicate the case number reference, legal description of the property, the type of request, contact for additional information about the application, and the date, time and place of the Planning and Zoning Commission public hearing.
d. Planning And Zoning Commission Review: When the Planning and Zoning Commission has determined that the plat conforms to the previously approved preliminary plat, including any condition which may have been required by the Planning and Zoning Commission in approving said preliminary plat, and that said final plat meets all requirements of this Title, the following shall be printed or stamped upon the original plat and prints thereof and signed by the chairman of the Planning and Zoning Commission:
This final plat of subdivision is recommended to the Governing Body for approval, subject to certifications by the Community and Economic Development Department that all arrangements for public improvements required by the land subdivision regulations have been made in accordance with the requirements of Section 11-6-2 of the City Code.
Dated
CITY OF SUNLAND PARK PLANNING AND ZONING COMMISSION
By
Chairman
By
City Clerk
e. The Planning and Zoning Commission shall then transmit the endorsed final plat and three (3) prints thereof to the office of the Community and Economic Development Department for immediate reference to the Governing Body, with a letter of transmittal in duplicate calling attention to any variations or modifications of the requirements of this Title recommended by the Planning and Zoning Commission under this Title and setting forth its reasons for recommending the same. One print of said final plat so endorsed shall remain on file in the office of the Community and Economic Development Department.
3. Submission To Governing Body; Certificate Of The Community And Economic Development Department: Upon receipt of a final plat and prints thereof so endorsed by the Planning and Zoning Commission, the Community and Economic Development Department shall refer the final plat with said letter of transmittal to the Governing Body at its next regular meeting. Thereupon said plat shall remain pending on the agenda of the Governing Body until the Community and Economic Development Department has certified thereon that:
a. The public improvements required by this Title have been constructed in a satisfactory manner in accordance with the minimum standards established by the City and as approved by the City Engineer; or
b. Financial Guarantees, Acceptable Form Of Guarantee: In lieu of such prior construction, the subdivider has filed with the Community and Economic Development Department either of the following methods of posting security on the condition that public improvements will be completed within one year after approval of the final plat.
(1) A duly executed performance bond with a financially qualified surety in an amount equal to one hundred percent (100%) of the cost of the total public improvements yet to be constructed and on all of the property and providing for the installation of such improvements and utilities within a period not to exceed one year. The form of the bond must have prior approval by the City Attorney.
(2) An irrevocable letter of credit meeting the following requirements with prior approval of the City Attorney:
(A) The letter of credit must be from an institution that is federally insured.
(B) The letter of credit shall list as sole beneficiary the City of Sunland Park and shall not expire before fifteen (15) months from the date of plat recording.
(C) The letter of credit shall be conditioned on installation or construction of all improvements meeting the standards of this Title as approved by the City Engineer.
(D) The Governing Body may extend the period of time for completion for an additional period of time not to exceed twelve (12) months if the subdivider has not completed the required improvements or completed such improvements in compliance with this Title. Any extension of time granted for construction of improvements shall be accompanied by a revised Letter of Credit reflecting the time extension.
4. Governing Body Approval Required: The Governing Body shall act to approve or disapprove the application for final plat approval within thirty-five (35) days from the date of the submission of a complete application for final plat unless the applicant agrees to an extension.
a. The Governing Body shall consider the recommendation of the Planning and Zoning Commission, and shall review all of the materials and written comments submitted to the commission, as well as the comments made at the public hearing held before the commission. The Governing Body may also consider other materials or public comments received at the meeting when the recommendation is considered.
b. The applicant may agree an extension of time for the Governing Body to act upon the application for final plat approval, in which case the time within which the Governing Body is required to act on the application is extended to the next regularly scheduled Governing Body meeting.
c. If the final plat is approved by the Governing Body, such approval shall be recorded on the cover sheet of the original drawing of the final plat and on three (3) copies and shall be dated and verified by the signature of the Mayor or designated representative of the Governing Body.
d. If the final plat is disapproved, the Governing Body shall provide the reasons for disapproval in writing. The reasons for disapproval will be attached to two (2) copies of the final plat. One copy shall be returned to the subdivider and one copy shall be retained in the files of the Community and Economic Development Department.
e. If the Governing Body fails to approve or disapprove the application for final plat approval within thirty-five (35) days from the date of the final submission of the plat, other than from any extension of time agreed to by the applicant before the Planning and Zoning Commission or before the Governing Body, then the plat is deemed to be approved, and upon demand, the Governing Body shall issue a certificate approving the plat which the mayor shall sign and to which the city clerk shall attest.
5. Filing With County: The final plat is not in full force and effect until it has been duly recorded in the office of the Dona Ana County clerk and copies filed with the Community and Economic Development Department. Approval of the final plat shall become null and void if the plat is not recorded within six (6) months after the date of approval unless an extension of time is granted by the Governing Body. The subdivider is responsible for submitting the final plat for recording. After filing the original plat drawing and the required number of copies with the Dona Ana County Clerk, the subdivider shall submit to the Community and Economic Development Department one copy of the final plat as recorded and stamped by the Dona Ana County Clerk. No building permit shall be issued until the copy of the recorded final plat as been placed on file with the City. (Ord. 2019-2, 4-12-2019)