Anthony City Zoning Code
CHAPTER 151
SUBDIVISION REGULATIONS
§ 151.001 SHORT TITLE.
This chapter may be cited as the “Subdivision Regulations of the City of Anthony, New Mexico”.
(Ord. 2013-02, passed 3-19-2013)
§ 151.002 AUTHORITY.
This chapter is adopted pursuant to the enabling provisions of NMSA §§ 3-17-1 and 3-19-6, as amended.
(Ord. 2013-02, passed 3-19-2013)
§ 151.003 PURPOSE.
The purpose of this chapter is to establish subdivision regulations for the city, thereby providing for:
(A) The harmonious development of the municipality and its environs, coordination of streets, adequate open space for traffic, recreation, drainage, light and air and the distribution of population and traffic which tends to create conditions favorable to the health, safety, convenience, prosperity or general welfare of the residents of the municipality;
(B) The safety, preserving the health, promoting prosperity and improving the morals, order, comfort and convenience of the city and its inhabitants; and
(C) More specifically, provisions of the subdivision regulations are designed to achieve the following objectives in newly subdivided areas:
(1) Adequate provisions for light and air, public open spaces, water supply, drainage, sanitation, including sewer service and public facilities;
(2) Economy in governmental expenditure and adequate reimbursement of the city for services performed;
(3) Safe, convenient circulation of people, goods and vehicles;
(4) Accurate and complete surveying, and preparation and recording of plats;
(5) Coordination of land development in accordance with orderly physical patterns, as stated in adopted plans and policies as may have been or may hereafter be adopted by the Board of Trustees; and
(6) The preservation of historical sites and areas.
(Ord. 2013-02, passed 3-19-2013)
§ 151.004 JURISDICTION.
These subdivision regulations shall govern all platting or replatting of land within the city corporate limits.
(Ord. 2013-02, passed 3-19-2013)
§ 151.005 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A minor public way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
AREA PLAN. A plat or sketch of any planned future development of undeveloped land which is contiguous to a proposed subdivision and is under the control or ownership of the developer. Such PLAN should indicate general land uses and major thoroughfares.
ARTERIAL STREET. A four-lane roadway which is used primarily for serving large volumes of traffic.
AVERAGE DAILY TRAFFIC. For the purposes of determining roadway width, shall be 110% of the value calculated as two vehicles per residence and six trips per vehicle per day at ultimate development. The calculation shall include ultimate development of adjacent land based on existing zoning, should it be determined by the Planning and Zoning Commission that access through a subdivision will be required to reach said adjacent land.
BIKE PATHS. A portion of a roadway or separate pathway designated for use by bicycles.
BLOCK. Property bounded on one side by a street and the other three sides by a street, railroad right-of-way, waterway, unsubdivided areas or other definite barriers.
BOARD OF TRUSTEES. The governing body of the City of Anthony. Final approval of all subdivision plats in the planning and platting jurisdiction of the city rests with this body.
BUILDING LINE. A line established by the setback requirements as provided in the Zoning Code for the city.
CITY. The City of Anthony, New Mexico.
CITY ATTORNEY. An attorney employed or retained by the city whose duties include reviewing and approving contracts or agreements entered into by the city.
CITY CLERK. The City Clerk of the City of Anthony, New Mexico.
COLLECTOR STREET. A street which carries traffic from local streets to arterial streets and highways.
CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. CONDOMINIUM development shall follow the guidelines of the subdivision regulations.
COUNTY. Doña Ana County, New Mexico.
COUNTY CLERK. The elected Clerk of the county or the Clerk’s authorized representative.
CUL-DE-SAC. A minor street with only one outlet and culminated by a turnaround.
DRAINAGE COURSE. A natural watercourse or indenture for the drainage of surface waters.
DRAINAGE PLAN.
(1) A plan indicating an on-site drainage proposal, the passage of storm waters through the development and safe discharge of runoff onto adjacent lands or into storm drainage facilities.
(2) Also, a comprehensive analysis of:
(a) The existing storm drainage conditions of a proposed development; and
(b) The disposal of the runoff which is generated by the proposed development.
EASEMENT. A grant by the property owner of the use, for specific purpose, of a strip of land by the general public, a corporation or a certain person or persons.
ENGINEER. A person who is engaged in the practice of engineering and is qualified to so practice as attested by his or her legal registration as a professional engineer in the state.
IMPROVEMENTS. Includes infrastructure, such as streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, bike paths, trails and water, sewer and gas systems or parts thereof.
LAND SURVEYOR. A person who engages in the practice of land surveying and is qualified to so practice as attested by his or her legal registration as a LAND SURVEYOR in the state.
LOT. A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development. It also is a tract of land described by metes and bounds and held in separate ownership, as shown on the records of the County Clerk.
MAJOR THOROUGHFARE. A street that carries, or that planning evidence indicates will carry, a large volume of traffic.
MASTER PLAN. The general plan of the city or any of its parts for the physical development of the area within the planning and platting jurisdiction of the city which has been adopted by the Board of Trustees.
MAY. When a requirement in these regulations uses the word MAY instead of SHALL, the requirement will be necessary only if directed by the Planning and Zoning Commission.
MINOR RESIDENTIAL STREET. A street of relatively short length that provides direct access to a limited number of abutting residential properties and is designed to discourage its use by through traffic.
MUNICIPAL CODE. The ordinances, or a compilation thereof, of the city known as the municipal code.
PERFORMANCE BOND. A surety bond made out to the city in an amount equal to the estimated full cost of the improvements; said cost being estimated by the developer and approved by the city after inspection and review, and surety bond being legally sufficient to secure to the city that said improvements will be construed in accordance with these regulations.
PLANNING AND ZONING COMMISSION. The officially appointed Planning and Zoning Commission of the City of Anthony, New Mexico.
PLAT or REPLAT. A map, chart, survey or plan certified by a land surveyor and/or registered engineer, which contains a description of subdivided or resubdivided land with ties to permanent survey monuments.
PRIVATE ROAD. A street within or serving a subdivision, which is not dedicated to public use and is not maintained or otherwise serviced by the city.
PUBLIC RIGHTS-OF-WAY. The total area of land deeded, reserved by plat or otherwise acquired by the city, the county or the state.
RESUBDIVISION. The replatting of any lot or group of lots by any means, including changes in existing lot lines for the purpose of leasing, transferring title or conveying to another person by a clear and understandable description of the legal boundaries of such lot.
ROADWAY. The portion of the street available for vehicular traffic.
ROADWAY WIDTH. For the purpose of determining road cross-section, shall be the width of the portion of the roadway used by vehicles. It shall not include the area occupied by the curb and gutter and/or sidewalk.
SETBACK. The lateral distance between the right-of-way line of the street or property line and building, gas pump, curb base, display stand or other object.
SHALL. The word SHALL is mandatory.
SIDEWALK. A pedestrian walkway with permanently improved surfacing.
STREET. A public way which has been dedicated or reserved by plat, other than an alley, which affords the principal means of access to abutting property.
SUBDIVIDER. A person who undertakes the subdivision of land as set forth in these regulations. A PERSON includes any individual, establishment, estate, trust, receiver, cooperative, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
SUBDIVISION. The subdivision of land into two or more parts by platting or by metes and bounds description for the purpose of sale for building purposes, laying out a municipality or any part thereof, adding to a municipality, laying out suburban lots or resubdivision.
SUMMARY SUBDIVISION. A subdivision of land consisting of not more than two parcels of land or is a replat where the combination or recombination of portions of previously platted lots does not increase the total number of lots. SUMMARY SUBDIVISIONS shall be in substantial conformity with the subdivision regulations of the city. The applicability of the summary subdivision procedure may be determined by the Planning and Zoning Commission.
ZONING ORDINANCE. The city ordinance designed to promote the public health, safety and the general welfare, and to regulate or restrict within the city the height, number of stories and size of buildings and other structures, percentage of lot that may be occupied, size of yards, courts and other open spaces, density of population and location and use of buildings, structures and land for trade, industry, residence, floodplain or other purposes; to divide the city into districts or zones of such number, shape, area and form as is necessary to carry out the purpose of these regulations, and to regulate or restrict the erection, construction, repair or use of buildings, structures or land in each district or zone; to provide for the administering of these regulations; and to provide for amendments or changes hereto.
(Ord. 2013-02, passed 3-19-2013)
§ 151.006 FEE SCHEDULE.
(A) (1) Preliminary plat: $20 per lot for the first 20 lots and $15 per lot thereafter, with a minimum of $250.
(2) Final plat: $20 per lot for the first 20 lots and $15 per lot thereafter, with a minimum of $200.
(B) Additional fees for unusual circumstances: where additional review by the Planning and Zoning Commission is required, then the city may charge an additional review fee to defray the cost of such review. Review fees shall be only for professional services rendered to the Planning and Zoning Commission, that is, if the Planning and Zoning Commission does not have the proper personnel to assist them in reviewing reports, plans and plats.
(C) An engineering inspection and plat review fee of 3.75% of the total estimated cost of development of the subdivision will be paid by the subdivider prior to the final acceptance of the subdivision by the city.
(D) A construction management and material testing fee of 3.5% of the total estimated cost of development of the subdivision will be paid by the subdivider for the final acceptance of the subdivision.
(Ord. 2013-02, passed 3-19-2013; Ord. 2013-02, passed 8-17-2022) Penalty, see § 151.999
§ 151.020 PRE-APPLICATION PROCEDURE.
(A) Prior to the filing of an application for approval of a preliminary plat, the subdivider is requested to confer with the planning staff and other city departments so as to become acquainted with these regulations.
(B) The pre-application conference with the planning staff does not require a formal application, fee or the filing of a plat and is considered an advisable step in the procedure rather than mandatory. The planning staff does not assume any responsibility for a lack of understanding of these regulations on the part of the subdivider, and any advice or opinion as to the feasibility of the proposed subdivision expressed by the planning staff shall not bind any subsequent actions of the Planning and Zoning Commission or the Board of Trustees relative to the proposal.
(C) The subdivider shall then submit to the Planning and Zoning Commission a preliminary plan and supporting data. This step does not require formal application or filing of a plat with the Planning and Zoning Commission.
(D) Within 35 business days, the Planning and Zoning Commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of these regulations, and it shall express its reasons therefor.
(Ord. 2013-02, passed 3-19-2013)
§ 151.021 PRELIMINARY PLAT PROCEDURE.
(A) Application for subdivision approval shall be submitted to the planning staff on prescribed forms. Application forms are available at City Hall.
(B) All completed applications and plats shall be submitted not later than 15 business days prior to the day of the regular meeting of the Planning and Zoning Commission at which time it is to be considered. All applicants should submit plats as early as possible to ensure that required review can be accomplished. At this time, all preliminary plat review fees shall have been paid in full prior to placing the application on the Planning and Zoning Commission agenda.
(C) Eight copies of the preliminary plat and supplemental material will be submitted by the subdivider with the written application. The planning staff shall review the preliminary plat and supplemental material.
(D) The application and preliminary plat of the subdivision shall be placed on the Planning and Zoning Commission agenda. The subdivider, or his or her representative, shall be notified by mail to the address on the plat of the time, place and date of the public hearing not less than five business days before the day of the hearing.
(E) The subdivider shall notify, by certified mail, return receipt requested, all owners of property located in whole or in part within 300 feet, exclusive of streets, of the parcel to be subdivided, notifying said property owners of the time, place and date of the public hearing at which the preliminary plat is to be considered and describing the proposed subdivision. The subdivider shall further provide the Planning and Zoning Commission with return receipts as evidence of the subdivider’s efforts to notify said property owners. Where a proposed subdivision faces an existing public street, the measurement of 300 feet shall be made from points on either side of the street, excluding the street from the 300 foot measurement.
(F) The subdivider shall be responsible for providing preliminary plats and other information determined to be necessary for the purpose of describing the subdivision. Signs will be posted on the property with subdivision application forms, plats and supporting data by planning staff. Signs will be posted at intervals of 150 feet across the front lot line of the tract proposed to be subdivided.
(G) It shall be the responsibility of the subdivider, or his or her representative, to make the presentation before the Planning and Zoning Commission. Action taken by the Planning and Zoning Commission shall be recorded in the minutes of the public hearing. A copy of said minutes shall be furnished to the subdivider. Approval of a preliminary plat shall not constitute approval of the final plat. Preliminary approval shall confer upon the subdivider the rights and guarantee, during the two-year period from the date of approval, that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these regulations. Approval of a preliminary plat shall be effective for two years. The Planning and Zoning Commission may approve a plat as submitted or it may require certain conditions for approval. When these conditions are met and confirmed by the Planning and Zoning Commission, it shall be considered approved as a preliminary plat.
(H) If the preliminary plat is denied by the Planning and Zoning Commission, the subdivider, or his or her representative, has the right to appeal the decision. The appeal shall be submitted in writing to the City Clerk, and it shall then be placed on the agenda of the Board of Trustees for its consideration.
(Ord. 2013-02, passed 3-19-2013)
§ 151.022 FINAL PLAT PROCEDURE.
(A) Two masters of reproducible stable base material and eight copies of the final plat, along with supplemental material, shall be furnished to the planning staff by the subdivider. The final plat shall substantially conform to the preliminary plat as approved, including any modifications and conditions specified. It may constitute only that part of the approved preliminary plat which the subdivider proposes to record and develop at that time; provided, however, that such part conforms to all requirements of these regulations; and provided, further, that the Planning and Zoning Commission may require the subdivider to include or exclude whatever part of the preliminary plat it deems necessary for orderly development.
(B) Application for approval of the final plat shall be submitted in writing on the city’s prescribed form not less than 15 business days prior to the day of the Planning and Zoning Commission public hearing at which it is to be considered. The planning staff shall review the final plat. Also, at this time, it shall be determined that all review fees have been paid in full prior to placing the application on the Planning and Zoning Commission agenda. The subdivider, or his or her representative, shall be notified by mail of the time, place and date of the public hearing when the final plat is to be considered, which date shall not be less than five business days before the day of the public hearing. The subdivider, or his or her representative, must make the presentation at the Planning and Zoning Commission’s public hearing and also before the Board of Trustees. Prior to final plat submittal, approval by the affected utilities shall be obtained.
(C) The Planning and Zoning Commission will either recommend approval or disapprove or defer to a later date the final plat at the public hearing at which it is to be considered. If the plat is disapproved by the Planning and Zoning Commission, the reasons for the disapproval shall be referenced and attached to two copies of the final plat, and such action shall be dated and verified by the signatures of the Chairperson and Secretary of the Planning and Zoning Commission. One verified copy shall be returned to the subdivider and the other shall become a part of the files of the planning staff. If the final plat is approved, the planning staff shall draft the resolution for the subdivision and submit it to the City Clerk to place on the agenda of the Board of Trustees for its consideration. The Board of Trustees shall approve or disapprove a final plat within 35 calendar days of the day of final submission of the final plat, which day of final submission shall be the day the planning staff drafts the resolution for the subdivision and submits it to the City Clerk for placement on the agenda of the Board of Trustees for its consideration. Following final approval by the Board of Trustees and the Planning and Zoning Commission of the plat, and having met the conditions of these regulations, the signatures of the Chairperson and Secretary of the Planning and Zoning Commission and the Mayor of the city shall be affixed to the master plat.
(D) One copy of the signed master plat shall be maintained in a suspense file by the planning staff. No building permits shall be issued until it has been filed and recorded at the County Clerk’s office and one recorded copy has been returned to the planning staff.
(E) It shall be the subdivider’s responsibility to file and record with the County Clerk the final plat.
(F) A signed copy of the restrictive covenants and disclosure statement will be required by the city prior to filing of the final plat.
(G) A traffic study may be required by the Planning and Zoning Commission for any proposed high-intensity subdivisions and/or in any situation the Planning and Zoning Commission deems necessary.
(Ord. 2013-02, passed 3-19-2013)
§ 151.035 GEOGRAPHIC SUITABILITY.
(A) With reference to the master plan and the zoning ordinance, land shall be suited to the purpose for which it is to be subdivided.
(B) Land which is not programmed to have adequate public or private water, sanitary sewer service or flood control facilities, within a reasonable time, shall not be subdivided for purposes which require such services.
(C) Possible environmental problems and the availability of adequate paved street access, fire protection, police protection, refuse service, public schools, parks and recreation facilities and individually provided utilities shall be evaluated in considering the subdividing of land.
(D) Land with the following types of problems may have subdivision approval withheld until it is demonstrated by means of an engineering analysis, submitted by the developer, that such hazards have been or will be eliminated:
(1) Special drainage conditions;
(2) Difficult topography;
(3) Soil conditions which are unusually limiting; and
(4) Other geographic hazards to life, health or property.
(Ord. 2013-02, passed 3-19-2013)
§ 151.036 GRADING.
(A) No person shall proceed with any grading in relation to a proposed subdivision until the city has approved a drainage plan. Such grading shall be consistent with the recommendation of an approved drainage plan as required by these regulations.
(B) The subdivider shall give consideration to the preservation of trees, scenic points, historic places and other community landmarks where feasible.
(1) If significant archaeological/historical resources are shown to be present, the city encourages consultation prior to development with a local archaeological and historic preservation specialist.
(2) The city will require consultation with the State Historic Preservation Division; Cultural Review Board, or similar state agency if such agency is no longer in existence, prior to issuance of any demolition permit of structures identified as historically significant or grading permit.
(C) Subdivisions shall be laid out so as to match existing topography insofar as possible.
(D) No corner lot shall be platted, replatted, designed, cleared or developed to have over a three-foot rise above the final street level, including any proposed or future terracing of fencing within the clear sight triangle, i.e., triangle created by connecting points 30 feet from the point of intersection of back of curb tangent of subject corner lot.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.037 AREA PLAN.
If the subdivider owns or controls more land contiguous to the land the subdivider wishes to subdivide immediately, an area plan for the adjacent properties is required. The subdivider shall submit an area plan with the subdivider’s subdivision plat.
(Ord. 2013-02, passed 3-19-2013)
§ 151.050 PRELIMINARY PLAT.
(A) The preliminary plat shall be at a minimum scale of one inch equals 100 feet. In no case shall it be on less than 18-inch by 24-inch sheets of paper.
(B) It shall show existing conditions and all proposals, including the following:
(1) Name of proposed subdivision, name and address of subdivider, agent and principal persons preparing the preliminary plat;
(2) Scale and north arrow;
(3) Proposed benchmark locations, proposed location of and method of tie to permanent survey monuments and proposed location and type of subdivision control monuments; descriptions of all monuments found or set;
(4) Plat boundary lines: bearing in degrees, minutes and seconds; distances in feet and hundredths;
(5) Existing conditions of the site and its environs shall include the following:
(a) Present site designation or subdivision name;
(b) Easements on site: location, width and purpose;
(c) Public rights-of-way on and within 150 feet of the site: name, type and width of paving;
(d) Utilities on and adjacent to the site: location and size of water wells, water reservoirs, water lines, sanitary and storm sewers; location of gas lines, fire hydrants, electric and telephone poles and street lights. If water mains and sewers are not on or adjacent to the tract, indicate the direction, distance and size of nearest lines;
(e) Ground elevation on the side based on mean sea level datum as established by the U.S. Coast and Geodetic Survey:
1. For land that slopes less than approximately 1%, show contour lines at intervals of not more than one foot and spot elevations at all breaks in grade along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions;
2. For land that slopes approximately between 2% to 5%, show contour lines at intervals of not more than two feet; and
3. For land that slopes more than 5%, show contour lines at intervals of not more than five feet.
(f) Existing storm drainage facilities on and adjacent to the site;
(g) Conditions on adjacent land significantly affecting design of the subdivision; approximate direction and gradients of ground slope, character and location of development and building types;
(h) If the area proposed to be subdivided is zoned single-family residential, commercial and is adjacent to active agricultural operations, then the subdivider shall be responsible for the installation of a wall or fencing between the subdivision and the agricultural operation. The Planning and Zoning Commission shall determine if the standards proposed for the wall/fence are adequate during the preliminary plat stage of development;
(i) A statement of ownership, signed by the subdivider; and
(j) Total area of the proposed plat to the nearest one-tenth acre.
(6) Location map showing location of the site in relation to well-known landmarks and town boundaries;
(7) Proposed lot lines and public right-of-way lines; street names; right-of-way and street widths; indicate roadways intended to be private, rights-of-way for public services or utilities and any limitations thereof;
(8) All lots in any subdivision shall meet the requirements of the zoning ordinance and each lot shall be dimensioned in such a manner that setbacks, as required by the zoning ordinance, shall be met for any structure or building that may be or will be constructed on the lot. No platted lot within a subdivision shall contain less square footage than that required by the zoning ordinance;
(9) Number or letter to identify each proposed lot and block;
(10) Locations, dimensions, approximate areas and purposes of lots proposed to be reserved for the public;
(11) Sites and approximate area for any multi-family dwellings or non-residential uses;
(12) Every lot shall front on or have access to a public street; and
(13) All public entity easements and improvements.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.051 STORM DRAINAGE ANALYSIS PLAN.
A storm drainage analysis and plat shall be prepared and signed by a professional engineer registered in the state, to include the following:
(A) An up-to-date topographic survey or contour map of the area to be subdivided and contributing watershed showing existing structures and pavement and denoting existing elevations above mean sea level of all land features and improvements that would affect drainage;
(B) An aerial photograph at the scale of one inch equals 100 feet or one inch equals 200 feet showing the area to be subdivided;
(C) A drainage report with a map identifying and locating all rivers, creeks, arroyos, draws, washes or any other channel having definite banks and bed with visible evidence of the occasional flow of water. It shall include computations of the watershed area draining into each watercourse, identification and analysis of permeability of soils in each watershed and calculations based on the S.C.S. Engineering Field Manual procedures for estimating runoff from a 100-year frequency storm of:
(1) The volume and peak discharge of storm surface waters emanating from higher lands and drainage through the area to be subdivided (external drainage); and
(2) The volumes and peak discharge of internal drainage originating from the land to be subdivided prior to and after completion of the proposed development.
(D) A detailed storm drainage plan showing how the runoff from a 100-year storm will be maintained on the property being subdivided. Means of detention basins, retention basins, swales on lots or any other method approved by the Planning and Zoning Commission so as to ensure that the new development will not increase the peak discharge load on the existing drainage system or cause damage to properties at lower elevations. A map submitted with the plan shall indicate all points of entry and discharge of storm runoff prior to and after development, as well as proposed easements and structures provided for containment or controlled discharge of storm drainage. Points of discharge of natural watercourses shall not be altered by the development;
(E) A grading plan showing any proposed alteration, including finished elevations of areas to be graded, paved areas, building sites, retention or detention areas, retaining walls and other structures. It shall be accompanied by a signed agreement by the owner of the lands being platted, binding on his or her heirs or subsequent owners, that no grading, land filling, excavating or other alteration will be done except pursuant to the approved or amended grading plan;
(F) The plan shall show that all property within the subdivision is developed in such a manner that the flood damage will be minimized and that construction and substantial improvements are elevated to the 100-year flood level, if the property lies in an area which has been designated a floodplain under the National Flood Insurance Program. New water and sewer systems (including on-site systems) shall be located to avoid impairment of contamination during flooding;
(G) Areas which will be inundated by runoff from a 100-year or greater frequency storm shall not be divided into lots for sale in any proposed subdivision; and
(H) A copy of the subdivision plat and drainage plan will be provided to any public entity with holdings in the area for their review in order to avoid urban conflicts with the operation and maintenance of utility systems. Their review shall be advisory only.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.052 IMPROVEMENTS.
A report on the proposed method of installing utilities, street paving, curb and gutter, sidewalks and sewer service shall be prepared and submitted to include the approximate time for accomplishing such improvements. Such improvements shall be based on the maximum population density allowed in the zoning district in which the subdivision is located.
(Ord. 2013-02, passed 3-19-2013)
§ 151.065 FINAL PLAT.
(A) A final plat shall be drawn in ink on tracing cloth or drafting film such as mylar or acetate. Drawings shall be at a scale of one inch equals 100 feet. In no case shall it be on less than 18 inch by 24 inch sheets of paper. This final plat may be submitted for approval in contiguous sections;
(B) The final plat shall show the name of the subdivision and name of the subdivider;
(C) The final plat shall show title, scale, north arrow and date of survey;
(D) Plat boundary lines shall be shown giving the bearings in degrees, minutes and seconds. Distances shall be shown in feet and hundredths;
(E) Location and description of all monuments found or set within the plat area, including benchmarks with elevation shown, and property corners;
(F) Zoning shall be shown with boundaries shown as streets, highways or property lines;
(G) Lot lines and right-of-way lines, existing and proposed; lines to be eliminated shall be dashed. Names of streets, right-of-way widths of all streets and alleys; private streets shall be so designated. The radius of all curves; lengths of all tangents on all rights-of-way; accurate dimensions, bearings and deflection angles of all curves;
(H) Location, dimensions and purposes of all easements, existing or proposed, and any limitations thereof;
(I) Number or letter to identify each lot and block. Also, address of each individual lot in accordance with the city’s numbering system, if applicable;
(J) Location, dimensions, area and purposes of lots proposed to be reserved for the public;
(K) Reference to recorded subdivision plats of adjoining platted land by recorded name and date;
(L) Statement that the subdivision is with the free consent and in accordance with the desire of the undersigned owner of the land, acknowledged in a manner required for acknowledgment of deeds;
(M) Signed statements by the subdivider dedicating public rights-of-way and granting all required easements for public use;
(N) 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 plat, that he or she prepared or supervised preparation of the plat and that he or she has shown all required easements;
(O) Certification by the City Clerk, or authorized agent, that all streets, curbs, gutters, sidewalks, lighting conduits (if provided) and drainage requirements have been provided, and that the drainage analysis plan has been approved;
(P) Certification by authorized representatives of the local water, wastewater, electric, gas, telephone and communications utilities that their system needs have been met. All final plats must contain a place for signatures of acceptance by all relevant utilities;
(Q) Certification by the authorized agent of the local water and wastewater utility that water, fire hydrants and sewer system needs have been provided. Prior to the city approving a final plat, the developer shall submit a report to the Planning and Zoning Commission and to the Board of Trustees from the local water and wastewater utility. The report must approve the plat without any contingencies not resolved and such resolutions approved by the local water and wastewater utility. The authorized representative(s) of the local water and wastewater utility must certify that the developer has complied with all of the requirements of the local water and wastewater utility. All final plats must contain a place for signatures of acceptance by the authorized representative(s) of the local water and wastewater utility;
(R) Before a subdivision plat is placed on the agenda of the Planning and Zoning Commission to be considered for a recommendation for final approval, one of the following must be submitted by the subdivider:
(1) Subdivision completion. A written agreement signed by the subdivider to construct all required improvements after the subdivision receives final approval from the Board of Trustees, but prior to filing and recording the final plat at the County Clerk’s office. The subdivider shall not receive the final signed plat for filing from the city until all required improvements have been inspected and approved by the city, or its authorized representatives. If the improvements are not completed by the completion date, the subdivision shall revert to a preliminary status.
(2) Security agreements.
(a) 1. If the subdivider prefers to file the final plat prior to completion of improvements in the subdivision, then the subdivider shall provide a security agreement. The amount of such security must cover the projected cost of all required improvements. The amount shall be based on the projected costs at the time improvements are scheduled for completion. The projected costs shall be verified and approved by the City Clerk, or authorized representative.
2. One of the following types of security shall be filed with the city:
a. Performance bond. A surety bond acceptable to cover estimated costs of the improvements;
b. Escrow account. An account established with a bank or financial institution in the amount of the projected cost of improvements which can only be drawn upon by the city to cover the costs of improvements; and
c. Irrevocable standby letter of credit. Irrevocable authority granted to the city to draw a draft for the projected cost of improvements.
(b) All security agreements shall be approved as to form by the City Clerk, or authorized representative, prior to submission to the Planning and Zoning Commission for approval and shall also be submitted with the final plat to the Board of Trustees for approval. After final approval by the Board of Trustees, the agreement establishing the form of security shall be filed with the City Clerk. Upon satisfactory completion of the improvements agreed upon, the security and indemnity agreement shall be released in writing by the City Clerk and shall be returned to the developer.
(3) Form of security and indemnity agreement.
(a) Prior to presentation of a final plat, the developer shall indicate to the Planning and Zoning Commission and the Board of Trustees whether the method used for completion of improvements will be tentative approval prior to filing of the final plat or acceptance of a security and indemnity agreement by the city.
(b) During the period of tentative approval (before completion of improvements), if a developer wishes to submit a security and indemnity agreement, it shall specify the amount of time within which the improvements must be completed. In no case shall the agreement exceed 22 months for completion under the tentative approval, but must conform to the date 22 months from the Board of Trustees’ approval of the final plat.
(c) Required elements of an indemnity agreement shall include:
1. A statement that the indemnitor is the developer of the subdivision within the platting jurisdiction of the city and that compliance with the city’s subdivision regulations requires certain guarantees of performance for the development of improvements;
2. A statement providing for the indemnitor to indemnify the city from any and all costs, damages and legal expenses resulting from the city having to construct improvements in said subdivision, up to a specific dollar amount for all improvements required with final approval of the final plat by the Board of Trustees. An accompanying quote or signed contract shall be required;
3. A statement of the amount of time allowed for the developer to complete the improvements. In no case shall the date exceed 22 months from the date of approval of the final plat by the Board of Trustees. The agreement shall provide that the developer shall be permitted to sell or otherwise dispose of any lot within the subdivision at any time within the 22-month period;
4. An accompanying irrevocable letter of credit or irrevocable escrow account or performance bond; to be made a part of the indemnity agreement. The security agreement shall contain specifically named improvements and a description of the method to be used for disbursing funds from the security. The security agreement shall extend at least 60 days beyond the required date for completion of the improvements; and
5. A statement providing for the remaining funds that have not yet been released for improvements, to be released to the city up to the limits of the indemnity agreement, with legal recourse to collect any additional moneys expended by the city for completion of the project should the described improvements not be completed within the time agreed upon.
(d) Upon satisfactory completion of the required improvements and acceptance by the city, the security and indemnity agreement shall be released in writing by the city and shall be returned to the developer.
(S) Master plats shall not be signed by the Board of Trustees or the Planning and Zoning Commission until these conditions have been met.
(Ord. 2013-02, passed 3-19-2013)
§ 151.080 LOT SIZE AND FRONTAGE.
The following lot sizes and frontage shall be used as minimums in the design of newly platted lots in subdivisions. See Chapter 150.
(Ord. 2013-02, passed 3-19-2013)
§ 151.081 STREET LOCATION AND ARRANGEMENT.
(A) The character, extent, width and location of all streets shall conform to the master plan and policies of the city and shall be consistent and appropriate in their relationship to existing and planned streets, topographic conditions, public conveniences, efficiency of traffic flow, safety and the proposed uses of the land to be served by such streets.
(B) Where an arterial or collector street is not shown in the master plan and there is not an adopted future street line, the arrangement of streets in a subdivision shall either:
(1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(2) Conform to a plan for the neighborhood properly approved by the city to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impractical.
(Ord. 2013-02, passed 3-19-2013)
§ 151.082 ALLEY LOCATION.
(A) Alleys shall not be provided where other provision is made for service access, such as off-street loading, refuse collection and parking, consistent with and adequate for the uses proposed. If alleys are provided, they shall be paved by the developer in accordance with city specifications.
(B) In the general commercial, the “C” zone, alleys shall be provided where the subdivision contains more than three contiguous lots. The alleys shall comply with the development standards.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.083 STREET AND ALLEY STANDARDS.
(A) When rights-of-way for public streets and alleys are needed, they shall be provided in accordance with the standards and requirements described as follows:
(1) Major thoroughfare: 120 feet;
(2) Secondary thoroughfare: 80 feet;
(3) Collector street: 66 feet;
(4) Minor residential street: 55 feet;
(5) Cul-de-sac: 50 foot radius;
(6) Frontage road: 66 feet;
(7) Alley: a minimum width of 20 feet; and
(8) Streets which terminate in a cul-de-sac shall be not longer than 500 feet.
(B) Bike paths and trails, on divisions (A)(l) through (A)(3) above, shall be as follows:
(1) Right-of-way, minimum: ten feet; and
(2) Pavement width: eight feet.
(C) Street jogs with centerline offsets of less than 125 feet shall not be permitted.
(D) Streets shall be laid out so as to intersect as nearly as possible at right angles, and no streets shall intersect any major or secondary thoroughfare or arterial street at less than 75 degrees and no collector or minor street at less than 60 degrees.
(E) Property lines at street intersections shall be rounded with a radius of ten feet, or a greater radius where the Planning and Zoning Commission will deem it, whenever necessary to permit the construction of a curb (having a 15-foot radius) without curtailing the sidewalk at a street corner to less than normal width.
(F) Street names shall be used which will not duplicate or be confused with the names of existing streets. Where a proposed street is to be a continuation of an existing street, the proposed street shall have the name of the existing street. The use of the suffix “street”, “avenue”, “boulevard”, “drive”, “lane”, “place” or “court” shall not be a distinction sufficient to avoid confusion; therefore, duplicates with different suffixes shall not be used.
(G) All streets within the subdivision shall be provided with traffic and street signs by the subdivider in accordance with the Manual of Uniform Traffic-Control Devices.
(H) (1) The road cross-section of all subdivisions shall comply with the following standards.
Average Daily Traffic | Standard Cross-Section |
0 - 150 | 30-foot roadway width, plus curb and gutter |
150 - 300 | 32-foot roadway, plus curb and gutter with sidewalk |
300 - 500 | 34-foot roadway width, plus curb and gutter with sidewalk |
In excess of 500 | 36-foot roadway width, plus curb and gutter with sidewalk |
(2) The above standards are subject to the following conditions and adjustments.
(a) Roll-over curb may be used depending on the necessary application as determined by the Planning and Zoning Commission. The area between the curbs shall be surfaced with concrete or asphalt meeting the standard specifications of the city.
(b) For average daily traffic flows up to 300, the curb and gutter may be omitted at the discretion of the Planning and Zoning Commission, provided the following apply.
1. The drainage pattern as proposed is not dependent on the curb and gutter.
2. All ponding areas, whether on private or public rights-ofway, are constructed at the time the subdivision roads are built.
(c) If, in an area requiring both curb and gutter with sidewalk, the curb and gutter is omitted, the sidewalk shall be retained. The top of the sidewalk shall be set flush with the surface of the adjacent roadway; and
(d) For the purpose of determining section requirements, the highest average daily traffic projection shall govern all streets within the subdivision.
(I) All work in public ways shall meet or exceed city specifications.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.084 ROAD REQUIREMENTS.
(A) Unless otherwise stipulated by the city, all materials incorporated within and work performed in the construction of streets shall meet the requirements of the appropriate portions of the most recent versions of the State Highway Department Standard Specifications and/or Detail Specifications of the City’s Design Standards for road construction, whichever are more stringent. Sections not listed shall not relieve the subdivider from complying with standards of a recognized authority approved by the city.
(B) The subdivider shall be required to prove that materials supplied and items constructed meet these regulations. Certifications and test results shall verify such factors, including, but not limited to, asphalt grades, aggregate gradations, mix design, application rates and compaction percentages.
(C) The city has the right to require materials that will enhance economics and facilitate operations associated with long-term maintenance efforts. Materials that meet state and the above- referenced standards without having city approval for utilization within a particular street section might not be acceptable per se.
(D) In new subdivisions, the city will require maximum safety and efficiency of traffic flow by minimizing the number of automobile access points along arterials or collectors. Lots with private drives fronting on arterials or collectors are discouraged. In no case shall an access road in a newly platted subdivision be permitted which is closer than 300 feet from the intersection of two arterial streets, an arterial and a collector street or two collector streets.
(E) (1) Accompanying the preliminary plat, a road construction plan shall be submitted. It will be of similar size and format to the preliminary plat and shall be a reproducible drawing.
(2) It shall give the following information:
(a) Name and width of each street and associated right-of-way;
(b) Centerlines of street rights-of-way with dimensions between intersections, centerlines or tract boundary lines;
(c) Locations, dimensions and purposes of any easements;
(d) Longitudinal and transverse slopes;
(e) Typical sections, including width, thickness, material composition and compaction requirements of all courses;
(f) Material specifics, invert elevations, sizes, slopes and drainage channel requirements of all drainage structures;
(g) Identification, location and miscellaneous particulars of all utilities to be located within the rights-of-ways;
(h) Obstruction-clearing widths;
(i) Existing and proposed contours;
(j) Adequate curve data to allow construction as intended;
(k) Survey markers and ties; and
(l) Professional engineer stamp will be required on road plans.
(3) The review of the preliminary plat shall include a review of the road construction plan and related information.
(F) Preliminary acceptance is an initial approval of the roads by the city. It shall follow an official inspection and written report of findings by the City Engineer. Accompanying the subdivider’s written request for such an inspection shall be an updated version of the road construction plan. It shall contain a statement from the subdivider’s engineer that the information contained thereon is as constructed. Such inspection and report shall verify and certify that the dedicated roads have been constructed according to and meet design standards of these regulations.
(G) The subdivider shall maintain the accepted roads in good repair for a test wear period of 24 months from the date the roads pass preliminary acceptance. During such time, the city shall advise the subdivider to take those actions necessary to keep the roads in the same general condition that they were in for the preliminary inspection. If, in the opinion of the city, the subdivider does not adequately maintain the roads or if unusual or excessive reconstruction or maintenance obligations seem evident, the city reserves the right to extend the test wear period.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.085 UTILITY IMPROVEMENTS.
(A) The subdivider shall be responsible for costs of installing water, gas and sewer lines, if provided, of adequate size to serve the development, but in no case shall there be less than a six-inch water line, an eight-inch sewer line and a two-inch gas line.
(B) All utilities shall meet the standards, ordinances and policies of each utility provider.
(C) All utility improvements shall meet or exceed the utility provider and city specifications. The subdivider of a subdivision within the city limits and within the city extraterritorial subdivision and zoning jurisdiction shall make necessary arrangements to serve each lot with adequate water and sewer service from the local water and sewer utility provider. Any individual or private systems installed in this area shall be illegal, and all development shall be connected to the local water and sewer utility provider’s system.
(D) The subdivider of subdivisions within the city limits and within the city extraterritorial subdivision and zoning jurisdiction shall be responsible for and shall coordinate with the local water utility provider for the installation of fire hydrants. Locations shall be approved primarily by the local water utility provider. The local water utility provider will then coordinate with the City Fire Department and the Planning and Zoning Commission.
(E) Subdivisions within the city limits and within the city extraterritorial subdivision and zoning jurisdiction shall have sewer lines connected to the sanitary sewer system of the local sewer utility provider. Sewer lines shall be accessible to each lot within the subdivision. Said sewer lines shall be constructed in accordance with the standards established by the local sewer utility provider and shall be subject to its approval and the approval of the city.
(F) The city will not approve density development greater than one unit per acre in an area which is flood prone or has a high water table unless it is connected to the local sewer utility provider’s sewage collection system.
(G) A storm drainage system adequate to serve the needs of the proposed new streets and the entire subdivision will be required in new subdivisions. Where an adequate public storm sewer main is available at the platted subdivision boundary, the subdivider shall construct a storm drainage system and connect with such storm sewer main of adequate size. Drainage improvements shall maintain any natural watercourse insofar as practical and shall prevent the collection of water in any low spot unless it is to be specified as a ponding area in the drainage plan. At a minimum, developers shall design and construct a drainage pond for the proposed subdivision to handle the water flow of the land being developed.
(H) The developer shall be required to install underground utilities in all new developments. New installations of overhead utility poles and lines will not be permitted. The use of existing overhead utility poles is permitted at the sole discretion of the Board of Trustees.
(I) Subdivisions shall base all required utility lines on the maximum population density allowed by the zoning district in which the subdivision is located.
(J) The subdivider shall be responsible for all the costs associated with the extending of utilities, roadways or other necessary infrastructure from existing improved development to the site proposed for development according to the city’s capital improvement plan and master plan.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.100 REQUIREMENTS.
(A) Storm drainage analysis plans may not be required unless specifically requested by the Planning and Zoning Commission.
(B) Plats of survey with a metes and bounds description with a minimum scale of one inch equals 100 feet certified by a registered land surveyor in the state with accompanying land description will be a suitable means of description for the purposes of this subchapter. Final approved plats shall be submitted on 18-inch by 24-inch reproducible mylar.
(C) Guarantees of performance and security and indemnity agreements will not be required unless specifically requested by the Planning and Zoning Commission and/or the Board of Trustees.
(D) Disclosure statements will not be required unless specifically requested by the Planning and Zoning Commission.
(E) Public hearing may not be required unless specifically requested by the Planning and Zoning Commission.
(F) Posting requirements will be limited to two signs being posted on the property requested to be subdivided. Information will include a description of the subdivision and date, time and place of the meeting at which it is to be considered by the Planning and Zoning Commission.
(Ord. 2013-02, passed 3-19-2013)
§ 151.101 UTILITY CONNECTIONS.
All lots in commercial (C) and residential (R) zones shall be provided with connections to the local water and sewer utility provider and storm drainage system in accordance with plans approved by the Planning and Zoning Commission.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.102 LOT SPLITS PROHIBITED.
In no case shall lot splits be permitted which do not meet the standards established in the zoning district in which the lot split development is proposed.
(Ord. 2013-02, passed 3-19-2013)
§ 151.103 SERIAL SUMMARY PLATTING PROHIBITED.
Serial summary platting will not be permitted. Resubdivision of tracts which have been subdivided by summary platting shall not be resubdivided by summary subdivision for a minimum of three years from the date of the filing of the original summary subdivision.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.104 APPROVAL.
(A) Approval by this summary procedure shall be endorsed on the plat, and such approval shall be conclusive evidence of the approval of the city.
(B) Following approval of the subdivision by the Board of Trustees and the Planning and Zoning Commission, the plat shall be signed by the Chairperson and Secretary of the Planning and Zoning Commission and the Mayor.
(Ord. 2013-02, passed 3-19-2013)
§ 151.115 ALLOWED WHEN.
Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of these regulations would result in inhibiting the achievement of the objectives of these regulations, the Planning and Zoning Commission may vary, modify or waive the requirements. No variance shall be allowed when such variance is requested because of inadequate drainage.
(Ord. 2013-02, passed 3-19-2013)
§ 151.116 APPLICATION.
Application for any variation shall be submitted in writing by the subdivider at the time the preliminary plat is filed and shall state fully the grounds for the application and the facts relied upon by the subdivider.
(Ord. 2013-02, passed 3-19-2013)
§ 151.117 STATE LAW MANDATORY.
In no case shall any variation or modification be contrary to the mandatory requirements of state law. The variation shall not be in conflict with any zoning ordinance and map.
(Ord. 2013-02, passed 3-19-2013)
§ 151.118 FINAL APPROVAL.
Final approval of variances granted by the Planning and Zoning Commission rests with the Board of Trustees.
(Ord. 2013-02, passed 3-19-2013)
§ 151.119 WAIVERS.
Specifications or supplementary data required by these regulations for a preliminary or final plat may be waived whenever such specifications or data are determined by the Planning and Zoning Commission to be unnecessary for the consideration of the plat. Final approval of waivers granted by the Planning and Zoning Commission rests with the Board of Trustees.
(Ord. 2013-02, passed 3-19-2013)
§ 151.130 BROCHURES, PUBLICATIONS AND ADVERTISING.
Brochures, disclosure statements, publications and advertising of any form relating to subdivided land shall:
(A) Not misrepresent or contain false, misleading or inaccurate statements of fact;
(B) Not describe deeds, title insurance or other items included in a transaction as “free”, and shall not state that any parcel is “free” or given as an “award” or “prize” if any consideration is required for any reason;
(C) Not describe the parcels available for “closing costs only” or in similar terms unless all such costs are accurately and completely itemized or when additional parcels must be purchased at a higher price;
(D) Not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement;
(E) If subdivision illustrations are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;
(F) Not contain artists’ conceptions of the subdivision or any facilities within the subdivision unless clearly described as such, and shall not contain maps unless such are accurately draw to the scale indicated;
(G) Not contain reference to any facilities, points of interest or municipalities that are located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles;
(H) Refer to where the subdivider’s disclosure statement may be obtained if a disclosure statement is required for the subdivision; and
(I) Copies of all brochures, publications and advertising relating to the subdivided land shall be filed with the Board of Trustees and the Planning and Zoning Commission within 15 days after initial use by the subdivider.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.145 CONTRACTS OF SALE RECORDED.
All contracts of original sale of subdivision lots shall be recorded within 15 days of the sale in the office of the County Clerk. All deeds resulting from the sale of subdivision lots shall be recorded within 15 days of the sale.
(Ord. 2013-02, passed 3-19-2013)
§ 151.146 PLAT ALTERATIONS PROHIBITED.
(A) No plat approved by the Planning and Zoning Commission shall be altered in any way by the subdivider without the full, clear knowledge and written authorization of the Planning and Zoning Commission and the Board of Trustees.
(B) Lot splitting, or the alteration of parcel boundaries within a previously approved subdivision where the “lot splitting” increases the number of parcels or changes the type or class of subdivision, shall not be permitted without the approval of the Planning and Zoning Commission and the Board of Trustees and conforms with the city’s subdivision regulations.
(Ord. 2013-02, passed 3-19-2013) Penalty, see § 151.999
§ 151.160 DISCLOSURE STATEMENT; PRELIMINARY AND FINAL DISCLOSURE STATEMENT REQUIRED FOR SUBDIVISION.
The following statement shall cover the disclosure statement.
This disclosure statement is intended to provide you with enough information to permit you to make an informed decision on the purchase or lease of property described in this statement. You should read carefully all of the information contained in this statement before you decide to buy or lease the described property. |
The Board of Trustees and Planning & Zoning Commission have examined this disclosure statement to determine whether the subdivider can satisfy what he or she has said in this disclosure statement. However, the Board of Trustees and the Planning & Zoning Commission do not vouch for the accuracy of what is said in this disclosure statement. Further, this disclosure statement is not a recommendation or endorsement of the subdivision by the City of Anthony. It is informative only. |
Finally, the Board of Trustees and Planning & Zoning Commission recommends that you inspect the property before buying it or leasing it. |
ALL SUBDIVIDERS MUST COMPLETE EACH ITEM SET FORTH IN PARENTHESIS BELOW |
1. NAME OF SUBDIVISION AND LOCATION (name of subdivision) |
2. NAME AND ADDRESS OF SUBDIVIDER (name and address) |
3. NAME AND ADDRESS OF PERSON IN CHARGE OF SALES OR LEASING IN NEW MEXICO (name and address) |
4. SIZE OF SUBDIVISION BOTH PRESENT AND ANTICIPATED |
PRESENT: (number of parcels) (number of acres in subdivision) |
ANTICIPATED: (number of parcels) (number of acres in subdivision) |
5. SIZE OF LARGEST PARCEL OFFERED FOR SALE OR LEASE WITHIN THE SUBDIVISION (size of largest parcel in acres) |
6. SIZE OF SMALLEST PARCEL OFFERED FOR SALE OR LEASE WITHIN THE SUBDIVISION (size of smallest parcel in acres) |
7. PROPOSED RANGE OF SELLING OR LEASING PRICES ($ - lowest amount) (size of parcel sold or leased) ($ - highest amount) (size of parcel sold or leased) |
8. FINANCING TERMS (interest) (time price differential) |
(amount paid as a discount) (services charges) |
(premium for credit life or other insurance if it is a condition for giving credit) |
(closing costs) |
(any other information required by the Truth in Lending Act if not set forth above) |
9. NAME AND ADDRESS OF HOLDER OF LEGAL TITLE (name of person who is recorded as having legal title) (address) |
NOTE: If any of the persons named above is a corporation, please set out here the name and addresses of all officers in the corporation. |
10. NAME AND ADDRESS OF PERSON HAVING EQUITABLE TITLE (name of person recorded as having equitable title) (address) |
11. CONDITION OF TITLE |
Include here at least the following information where applicable: (number of mortgages) (name of each mortgagee) |
(balance owing on each mortgage) (summary of the release provisions in each mortgage) |
(number of all real estate contracts on the subdivided land for which the subdivider is making payments as a purchaser) |
(balance owing on each real estate contract) |
(summary of the release provisions in each real estate contract) |
(statement of any other encumbrances on the land) |
(statement of any other conditions relevant to the state of the title) |
(disclose full consequences to real estate contracts and owner's equity if subdivider goes bankrupt or mortgagee foreclosures on subdivision) |
12. STATEMENT OF ALL RESTRICTIONS OR RESERVATIONS OF RECORD SUBJECTING THE SUBDIVIDED LAND TO ANY UNUSUAL CONDITIONS AFFECTING ITS USE OR OCCUPANCY (include here all deed and plat restrictions affecting the subdivided land) |
13. ESCROW AGENT (name) (address) (statement about whether or not the subdivider has any interest or financial ties with the escrow agent) |
14. UTILITIES (name of entity providing phone service, if available) (estimated cost) (name of entity providing electrical service, if available) (estimated cost) (name of entity providing gas service, if available) (estimated cost) (name of entity providing water and sewer service, if available) (estimated cost) (name of entity providing refuse service, if available) (estimated cost) |
15. INSTALLATION OF UTILITIES (include here the date utility will be available for use by the owner if the subdivider is providing for utilities) (water) (date [mm/yyyy]) (phone) ( date [mm/yyyy]) (electricity) (date [mm/yyyy]) (gas) ( date [mm/yyyy]) (sewer) (date [mm/yyyy]) (liquid waste disposal) (date [mm/yyyy]) (solid waste disposal) (date [mm/yyyy]) |
16. UTILITY LOCATION (if all utilities are to be provided to each parcel in the subdivision, please make that statement here) (if utilities are to be provided, but not for all parcels within the subdivision, please enumerate those parcels which will not be provided with a particular utility) (state here if each of the utilities to be provided will be located above or underground) |
17. WATER USE (include here whether or not there will be water for domestic use, commercial use or residential use and include any limitation anticipated or each use indicated) (domestic use) (limit, if any) (commercial use) (limit, if any) (residential use) (limit, if any) |
18. WATER DELIVERY (describe the means of water delivery within the subdivision) |
19. WATER SYSTEM EXTENSION (state what the prospective owner will be required to pay for the extension of water to his or her parcel if he or she wants water prior to the date scheduled by the subdivider) |
20. LIFE EXPECTANCY OF THE WATER SUPPLY (include the life expectancy of each source of water supply under full development of the subdivision) |
21. LIQUID WASTE DISPOSAL (describe the precise type of liquid waste disposal system that is proposed and that has been approved by the Planning & Zoning Commission for use within the subdivision) |
22. ENVIRONMENTAL IMPROVEMENT AGENCY'S OPINION ON LIQUID WASTE DISPOSAL (include here the approved summary of the opinion received by the Board of Trustees and Planning & Zoning Commission from the Environmental Improvement Agency on: whether or not their subdivider can satisfy the liquid waste disposal proposals made in this disclosure statement, if applicable) |
23. SOLID WASTE DISPOSAL (describe the means of solid waste disposal that is proposed for use within the subdivision) |
24. TERRAIN MANAGEMENT (describe the suitability of the soils in the subdivision for residential use and other intended uses whether permanent or seasonal) (give the location of all lots within floodways, flood fringes, and floodplains) (describe the surface drainage for all lots) (describe all storm drainage systems including the completion date of any required to be constructed) |
25. SUBDIVISION ACCESS (describe the width and type of surfacing of all roads) (give the date on which all roads will be completed) (state whether the roads within the subdivision have been accepted for maintenance by the City) (state the date on which all roads will be surfaced) |
26. STATE HIGHWAY DEPARTMENT'S OPINION ON ACCESS (include here the approved summary of the opinion received by the Board of Trustees and Planning & Zoning Commission from the State Highway Department on: whether or not the subdivider can satisfy the access proposals to State Roads) |
27. DEVELOPMENT (include here all homes, recreation structures, and other community improvements to be provided by the subdivider in the subdivision and not previously mentioned in this disclosure statement) (give the dates on which these items will be completed) |
(improvement) (estimated date of completion) |
28. MAINTENANCE (state owner's maintenance and construction responsibilities) |
29. ADVERSE CONDITIONS (state any activities or conditions adjacent to or nearby the subdivision which would subject the subdivided land to any unusual conditions affecting its use or occupancy) |
30. RECREATION FACILITIES (describe all recreation facilities, actual and proposed, in the subdivision) |
31. FIRE PROTECTION (distance from subdivision) (route over which distance is computed) (indicate whether the fire department is staffed by volunteers or a full-time staff) |
32. POLICE PROTECTION (include here the various police units that would patrol the subdivision) |
33. SCHOOLS (name of nearest elementary school) (distance of nearest elementary school and route over which distance is computed) (name of nearest secondary school) (distance of nearest secondary school and route over which distance is computed) |
34. HOSPITALS (name of nearest hospital) (distance of nearest hospital and route over which distance is computed) (number of beds in nearest hospital) |
35. SHOPPING FACILITIES (distance of nearest shopping facilities and route over which distance is computed) (number of stores in the nearest shopping facility) |
36. INDICATE BY LOT AND BLOCK NUMBER ALL LOTS LOCATED ON A FLOODPLAIN OR FLOODFRINGE |
(Ord. 2013-02, passed 3-19-2013)
§ 151.999 PENALTY.
(A) Any owner, or agent of the owner, of any land located within the planning and platting jurisdiction of the city who transfers or sells such land prior to approval and recordation of the necessary plat with the County Clerk, as required in these regulations, shall be deemed guilty of a misdemeanor and, upon conviction, shall be penalized in the manner prescribed by state law. The description of the land by metes and bounds in the instrument of transfer of land shall not exempt the transaction from such penalties.
(B) Any person who records with the County Clerk any plat in violation of these regulations shall be deemed guilty of a violation of these regulations and state law and, upon conviction, shall be punished by the maximum fine provided by the statutes of the state. Also, all utilities and services shall be withheld or withdrawn until such time as these regulations are complied with.
(Ord. 2013-02, passed 3-19-2013)