Be configured to distribute traffic throughout the subdivision and designed to reduce speeds of vehicular traffic.

Extend existing thoroughfares where they terminate at the bounds of the proposed subdivision.

Provide stub thoroughfares to the boundary of the subdivision where conditions permit the later extension of thoroughfares into adjacent areas.

Conform to master or sub-area plans near the vicinity of the subdivision that have been approved by the County.

Along a railroad right-of-way or limited-access highway right-of-way or at a river, ravine or arroyo, the design shall provide a parallel thoroughfare at a distance suitable for the strip of land to be developed according to its zoning district or development intensity. Design shall provide sufficient space for safe operation of signals and queuing of traffic.

Avoid jogs in thoroughfares in which the center line is offset by less than 200 feet.

Ensure that horizontal and vertical curves for all thoroughfares meet the standards of § 350-603, Access and parking, including any design adjustments to connect proposed subdivision thoroughfare to neighboring thoroughfares.

Design intersections at right angles and not less than 80° where possible, in accordance with § 350-603, Access and parking.

Ensure clear sight triangles and required setbacks have been removed from the buildable area of corner lots so the remaining size of the buildable area is sufficient for builds with at least the same amount of surface area as the ones abutting in the same zone or development intensity.

Ensure thoroughfares meet engineering and thoroughfare design standards per § 350-603, Access and parking.

Avoid half thoroughfares by which only one side of the thoroughfare's pavement is platted or constructed, except that a thoroughfare may be constructed on the boundary of a parcel between two phases of the same subdivision.

No cul-de-sac shall exceed 800 feet to the center of the bulb or a maximum of 30 dwelling units. The Zoning Administrator or the Design Review Committee may review a variance to this requirement where the terrain or width of a parcel to be subdivided is not practical.

Provide separate, legally described paved access directly to the nearest arterial or collector highway.

Provide any necessary dedication of land for rights-of-way at the project's perimeter to ensure that the subdivision will not become inaccessible during a one-hundred-year storm.

Existing major thoroughfares networks including thoroughfares leading to commercial and mixed-use areas and connecting between them railroad lines, highways, and designated County, state, and federal routes.

Designation for each thoroughfare mapped (both within and near the proposed subdivision). See § 350-603, Access and parking.

Proposed network of thoroughfares and their intersections including the following:

Proposed modifications to existing thoroughfares.

Blocks shall consist of lots surrounded by thoroughfares.

The Zoning Administrator may exempt blocks adjacent to undeveloped land, areas unsuitable for development, or preexisting incomplete blocks from a limitation on block length by approval of an administrative variance. See § 350-207C, Administrative variances.

[1]Rear lanes or alleys shall be required for medium and high intensity areas within a new community and within T4 and T5 Transect Zones. Rear lanes and alleys are not mandatory where the rear lot lines are at the edge of the site to be subdivided or where the block has been previously subdivided.

Each segment of a thoroughfare shall include a parkway corresponding to its adjacent zone(s) or development intensity in § 350-603, Access and parking.

Public lighting shall be located within the furnishings zone, if applicable for nonresidential uses and within parkways for residential uses.

Public planting shall follow § 350-507, Landscaping, buffering, and fencing.

Parkways in high intensity areas within a community type, and within a T5 Transect Zone with portals or shopfronts may replace public planting with sidewalk pavement.

Sidewalks shall be provided and comply with the minimum widths of Table 4.2, Minimum Width of Sidewalk Standards. Sidewalks shall meet the current Americans with Disabilities Standards for Accessible Design (ADA SAD) for curb ramps and accessible routes for all new construction.

idewalks shall be a minimum of 10 feet in width at shopfronts, space permitting.

Lots shall have minimum and maximum widths and lot sizes per Tables 5.4 through 5.17, Site Standards, except claims of exemptions in the Rural (T2) Zone may be platted per NMED standards.

Each lot shall have a primary frontage along the vehicular thoroughfare except that the Zoning Administrator may permit a primary frontage along a sidewalk by approval of an administrative variance. See § 350-207C, Administrative variances.

Where lots have multiple frontages as shown in Table 5.3, Facades, Elevations and Lot Lines Illustrated, one frontage line shall be designated as primary and any other frontage lines shall be designated as secondary.

All lots shall meet all relevant federal, state and local governmental regulations.

Lots with double frontage shall identify the intended front of the lots for driveway and address purposes.

Legal access to a public thoroughfare within the development shall be required for all lots.

Those portions of N Zone, if any, within the transect zone or community type shall be part of the civic space allocation and shall be a park, per Table 4.3, Civic Space Types.

Pedestrian sheds shall contain at least one main civic space that is a square, plaza or green, per Table 4.3, Civic Space Types. An entrance to the main civic space shall be within 1,000 feet of the center point of the pedestrian shed unless topographic conditions, preexisting thoroughfare alignments or other approved circumstances prevent such location.

Playgrounds conforming to Table 4.3, Civic Space Types, shall be located so that every residential lot is within 1,000 feet of a playground.

At least 50% of the perimeter of each square or plaza per Table 4.3, Civic Space Types, shall abut a thoroughfare.

Small spaces not conforming to the specific standards of Table 4.3, Civic Space Types, are permitted and encouraged, although they shall not contribute to the minimum percentage of land required to be dedicated as civic space.

The County shall accept ownership of land in civic space unless accepted for ownership by a homeowner association or civic organization. Homeowner associations or civic organizations may elect to accept ownership of land in civic space and the developer shall provide an ownership and maintenance strategy for the civic space.

Planting, lighting and landscaping in civic spaces shall conform to Section 4.5, Public Lighting, Table 6.9, Typical Urban Parkways, and Table 6.10, Typical Rural Parkways.

Design of a civic space shall be approved by DRC. Where a civic space extends between two or more zones or development intensities, the space may comply with civic space standards from either zone or development intensity.

All development shall meet the following standards:

All light standards shall comply with NMSA 1978, §§ 74-12, Night Sky Protection.

Utility easements are concealed from view of the street where possible and they are not located where they would hinder the further development of lots over time; and

Pedestrian easements are located for the convenience and safety of pedestrians.

Dry utility services shall be placed below ground from the pole to any new structure;

Where possible, transformers and utility pedestals shall be located behind principal building frontage;

Reservation of an easement for future below-ground placement of utilities shall be required;

Utility poles that prohibit the construction of an unobstructed five-foot pedestrian sidewalk shall be relocated to permit such a sidewalk; and

Additional building setbacks within a private frontage for the overhead utilities may be required.

All dry utilities shall be placed below ground;

Dry utilities shall be placed beneath the sidewalk or within parkway and adjacent to property line where sidewalk is not required; and

Where possible, transformers and utility pedestals shall be set behind the principal building frontage.

Dry utilities shall be located beneath the roadways or on-street parking; and

Transformers and utility pedestals shall be located on private property within utility easements at rear of property.

A minimum five-foot walkway shall be provided.

Public planting and public lighting shall be configured according to § 350-507, Landscaping, buffering, and fencing, and § 350-603, Access and parking.

Sketch plan. A sketch plan shall be prepared by the subdivider which shows the proposed thoroughfares, blocks and lots with estimated dimensions and other relevant site information. The location of the proposed subdivision must be adequately described on a general map of the area.

A completed application for preliminary plat review and the following in the formats, numbers and specifications indicated in the application:

Title, scale, North arrow and date.

Existing topography.

Existing and proposed boundary lines in bearings and distances for the subdivision.

Proposed lot lines with lot and block numbers and approximate acreage of each lot.

The location, dimensions and purpose of existing and proposed easements.

Names and right-of-way widths of existing and proposed thoroughfares on and adjacent to the subdivision.

Identification of thoroughfare type per Table 6.4.

Calculation of maximum block face dimension per Table 4.1, Maximum Block Face Length.

Locations, dimensions and purpose of any land to be dedicated to public use, including any improvements to be made to that land.

Location of subdivision in relation to an established benchmark including a vicinity map.

Location of archaeological, historical or culturally significant features on the site.

Delineation, if applicable, of any one-hundred-year floodplain as designated by the Federal Emergency Management Agency.

Names and addresses of the owner or owners of land to be subdivided, the subdivider if other than the owner and the land surveyor.

Legal description, indicating the range, Township and section within which the subdivision is located, if applicable.

Water quantity is sufficient to fulfill the maximum annual water requirements of the subdivision including water for indoor and outdoor domestic uses.

Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination.

There is a means of liquid waste disposal for the subdivision.

There is a means of solid waste disposal for the subdivision.

There are satisfactory roads to each parcel including entry and exit for emergency vehicles and there are appropriate utility easements to each parcel.

Terrain management protects against flooding, inadequate drainage, erosion and meets the requirements of the Development Construction Standards. See Article VI, Development Construction Standards.

There are protections for cultural properties, archaeological sites and unmarked burials that may be directly affected by the subdivision as required by the Cultural Properties Act. See the Cultural Properties Act, NMSA 1978, §§ 18-6-1 et seq.

The subdivider can fulfill the proposals contained in the disclosure statement for the subdivision.

That the subdivider can ensure that the subdivision will result in an adequate network of thoroughfares serving a set of clocks that are each designed with sufficient dimensions to ensure that the resulting lots will be legal for their intended land uses.

The subdivision will conform to these regulations and to the New Mexico Subdivision Act (see NMSA 1978, §§ 47-6-1 et seq.).

A completed application for final plat review and the following in the formats, numbers and specifications indicated in the application:

A final plat per § 350-407G, Final plat, map specifications.

Name of subdivision, scale, North arrow, equivalent scale, graphic scale, date of field work and date of certification.

Description of all monuments found or set and basis of bearing used in the survey in accordance with the current minimum standards for surveying in New Mexico and subsequent advisory opinions issued by the New Mexico Board of Registration for Professional Engineers and Land Surveyors.

Tract boundary lines, easements and right-of-way lines and property lines of lots and other sites dimensioned to 0.01 foot in length and one second of arc in direction with curve data to include the radius, central angle, length and chord dimensions.

Easements and rights-of-way providing evidence of legal access and utility easements to the subdivision from off-site: name, right-of-way width and center-line data of each road or other right-of-way within the subdivision; if the access is based upon an agreement, the recording data in the land records for the agreement including type of deed, book number, page number and filing date.

Recording data of the instrument of title of the subdivision to include owner of record, type of deed, book and page number; recording data of all adjoining tracts to include owner of record, type of deed, book and page number, or if adjoining lots or parcels are in an existing subdivision, lot and block of existing recorded subdivision with plat book and page.

Location, dimensions and purpose of all easements including irrigation easements and dedicated public site.

Number of each parcel in progression with its dimensions and the dimensions of all land dedicated for public use.

Delineation of any one-hundred-year floodplain as designated by the Federal Emergency Management Agency or other drainage studies conducted or available through the Office of the Flood Commission with base flood elevation for all lots within the flood hazard zone.

Names of the owner or owners of the subdivision at the time of plat filing.

Certification of a surveyor registered in New Mexico stating the survey and plat meet the minimum standards for surveying in New Mexico.

Legal description including the section, Township and range within which the subdivision is located, if applicable.

Reference to any subsequent pages which contain details of any major elements contained in the subdivision plant.

Legend describing the graphical elements of the plat.

Any general notes which are needed to explain any unusual features, inclusions or circumstances regarding the plant.

Certification block for BOCC Chairperson and attest space for County Clerk.

Certification block for representatives from all appropriate utility companies.

Vicinity map to locate subdivision showing relationship to existing roadways, municipalities and other landmarks.

Outlots or parcels other than lots, streets or easements shall be designated with disposition indicated in the note section; location of land intended to be converted or reserved in the deeds for the use of all property owners in the proposed subdivision shall be so identified; purpose of each outlot and responsibilities for maintenance of all tracts shall be noted.

Recording information for the Doña Ana County Clerk.

Affidavit. The final plat shall contain a statement that the land being subdivided is subdivided in accordance with the final plat. The final plat shall be acknowledged by the owner at the time of plat filing and subdivider or their authorized agents in the manner required for the acknowledgment of deeds. Every final plat submitted to the County Clerk shall be accompanied by an affidavit of the owner and subdivider or their authorized agents stating whether or not the proposed subdivision lies within the subdivision regulation jurisdiction of the County. A copy of the final plat shall be provided to every purchaser, lessee or other person acquiring an interest in the subdivided land before sale, lease or other conveyance.

Dedication. The final plat shall contain a certificate stating that the BOCC has accepted, accepted subject to improvement or rejected on behalf of the public any land offered for dedication for public use in conformity with the terms of the offer of dedication.

Disclosure statement. For all subdivisions, a disclosure statement shall be prepared in accordance with the standardized format provided in Appendices I and J of this chapter.[1]

Land Sales Act. Any subdivider who has satisfied the disclosure requirement of the Interstate Land Sales Full Disclosure Act (15 U.S.C. § 1701 et seq. and 12 CFR Parts 1010, 1011 and 1012) may submit the approved statement of record in lieu of the disclosure statement required by the New Mexico Subdivision Act. However, any information required in the New Mexico Subdivision Act and not covered in the subdivider's statement of record shall be attached to the statement or record.

Environment Department approval. For any subdivision requiring construction of a public water supply system or a community liquid waste system, documentation of approval from the New Mexico Environment Department shall be required for final plat approval.

Opinion of the State Engineer. Before approving the final plat for a subdivision, the BOCC shall require that the subdivider provide an opinion from the Office of the State Engineer stating: (1) whether the subdivider can furnish water sufficient in quantity to fulfill the maximum annual water requirements of the subdivision including water for indoor and outdoor domestic uses; and (2) whether the subdivider can fulfill the proposals in the disclosure statement concerning water, except water quality. The BOCC may elect not to approve the final plat if the State Engineer has not issued a positive opinion for the subdivision water use.

Agriculture. Subdividers are required to disclose to purchasers that New Mexico law includes the "Right to Farm Act" (NMSA 1978, §§ 47-9-1 through 47-9-7). According to this law "any agricultural operation or facility is not, nor shall it become, a private or public nuisance by any changed condition in or about the locality of the operation or facility, if the operation was not a nuisance at the time it began and has been in existence for more than a year." The Right to Farm Act includes, but is not limited to, operations and facilities within the farm or ranch such as chemical application, field preparation, irrigation, cultivation, conservation practices, pruning, plowing, planting, roadside markets or any other use of the land for the production of plants, crops, trees, forest products, orchard crops, livestock, poultry or fish.

Improvement guarantees. If the subdivider wishes to submit the final plat for review, approval and recording before completion of required improvements, the subdivider shall post a suitable improvements guarantee in an amount approved by the County. The guarantee shall be not less than 125% of the estimated cost of the required improvement. This guarantee may be by development agreement, bond, letter of credit, escrow deposit or other method acceptable to the BOCC.

One-year construction warranty. All subdivisions shall be insured by a one-year warranty of improvements which shall obligate the subdivider to repair to County standards any improvements which fail within one year of the County's final inspection of construction in the subdivision. In order to ensure compliance with this regulation, all work performed in the construction of roads and drainage rights-of-way of a subdivision shall be subject to a warranty binding the subdivider to such terms as are mentioned above. This warranty shall be in the format included in the appendix of these regulations (see Appendix B).[2]

Release of collateral. If the subdivider files a construction letter of financial assurance and indemnity agreement for improvements within the subdivision and wishes to draw on that letter of financial assurance, the following procedure shall be applied:

Within 10 working days of receiving a request for release of collateral, the Zoning Administrator shall forward such request to the Engineering Services Department. Within five working days of receiving the request for release, the Engineering Services Department shall submit a letter to the Zoning Administrator in conformance with the requirements of this chapter.

Within 15 days of receiving a request for the release of collateral, the Zoning Administrator shall notify the applicant of the County's acceptance of the contents of the request or, in case of a rejection of the request, shall return the request and a letter stating the County's reasons for not releasing funds from the letter of credit to the applicant; in case of a rejection by the County of a request, the developer may correct the application and resubmit it to the County.

In reviewing the request, the County Engineer shall determine what portion of the construction for which the subdivider is requesting a partial release has been completed and does meet the development construction standards or what portion of the construction for which the subdivider is requesting a release can reasonably be expected to be completed during the calendar month in which the release is requested and shall within five working days of receipt of the request forward to the Zoning Administrator a response in the form of a letter of completion and acceptance or partial completion and acceptance identifying the work accepted for release, the dollar amount recommended for release, the percentage of the total amount of the letter of credit covered by the release and the total dollar amount remaining in the letter of credit.

A recommendation of payment shall be based on the County Engineer's review of the application accompanying data and on-site observations of work in progress and shall constitute the County's agreement that the work as progressed to the point indicated in the recommendation of payment and that, to the best of the County Engineer's knowledge, information and belief, the work quality is in accordance with the contract documents, the Development Construction Standards and the approved plans for the subdivision being constructed.

The County staff may refuse to recommend the whole or any part of any requested release if the Engineering Services Department finds that the work does not meet the criteria listed in § 350-407H(14) above. The County may also reduce subsequent releases for any amount required to correct defective work or to complete work for which a release has been permitted if subsequently discovered evidence or the results of subsequent inspections or tests show that the work does not meet the criteria listed in § 350-407H(14).

In the event that any subsequent natural occurrence or action by the developer causes changes to the completed work which results in it falling below the development construction standards, the dollar amount required to bring the completed work back to County standards shall be held back from succeeding releases until such time as the damage has been eliminated and the completed work once again meets the development construction standards.

Within seven days of receiving a letter of completion and acceptance or of partial completion and acceptance from the Engineering Services Department, the Zoning Administrator shall inform the developer and the developer's lending institution in writing of the release of funds, specifying the amount released, what work is represented by the release and previous amounts released and the balance remaining in the letter of credit. The Zoning Administrator shall also request that the lending institution provide a written response verifying its receipt of the release letter, verifying the accuracy of the contents of the release letter and describing its actions regarding the release of funds.

At the time when all required work in the subdivision is complete and the developer has satisfied all contractual requirements within the subdivision to meet the County's standards, the County Engineer shall write a letter to the Zoning Administrator indicating satisfaction and acceptance of performance by the developer and contractor and acceptance of a 75% release of the funds remaining in the letter of credit. Upon receipt of the Engineer's letter and upon receipt of the developer's letter of request of release of funds from the letter of credit, the Zoning Administrator shall, within seven days, inform the developer's lending institution in writing of the release of funds, specifying the amount released, that the work represented by the release is the final work in the subdivision, and the balance remaining in the letter of credit shall be 25% of the value which shall be held until successful completion of the warranty period. The Zoning Administrator shall also request that the lending institution provide a written response verifying its receipt of the released letter, verifying the accuracy of the contents of the release letter and describing its actions regarding the release of funds.

Upon the successful completion of the warranty period, the County Engineer shall write a letter to the Zoning Administrator indicating satisfaction and acceptance of performance by the developer and contractor and acceptance of final release of the funds remaining in the letter of credit. Upon receipt of the Engineer's letter and upon receipt of the developer's final letter of request of release of funds from the letter of credit, the Zoning Administrator shall, within seven days, inform the developer's lending institution in writing of the release of funds, specifying the amount released, that the work represented by the release is the successful completion of the warranty and the balance remaining in the letter of credit shall be $0. The Zoning Administrator shall also request that the lending institution provide a written response verifying its receipt of the released letter, verifying the accuracy of the contents of the release letter and describing its actions regarding the release of funds. Financial assurances shall be released following construction of required improvements including testing and inspection, in accordance with the requirements of Article II.