Espanola City Zoning Code

ARTICLE XIII

Development Standards

§ 1300 Street development standards.

The following standards shall apply to all arterials, collectors, local streets and private drives.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A major thoroughfare which serves as a major traffic way for travel between and through the municipality.

Streets which serve as feeders to arterial streets and collectors of local streets.

A street which is primarily residential and is used primarily by residents of a neighborhood serving up to 30 dwelling units.

A paved or unpaved roadway serving up to eight dwelling units.

Table of standards. See the following table for construction and engineering standards for roadways.[1]

Editor's Note: Said table is available for inspection in the office of the City Planner.

Construction and engineering standards of public streets shall be in accordance with the City Engineering and construction standards as recommended by the City and illustrated in the above table and shall be as follows:

All new City streets shall be paved and dedicated public streets; however, the City shall not maintain private drives;

All dedicated City streets and private drives shall contain turnaround capability. The following are acceptable means of turnarounds on local and private streets:

A forty-foot cul-de-sac with landscaped island.

A cul-de-sac with a thirty-foot radius.

A sixty-foot-by-twenty-foot Y-shaped turnaround.

A loop road.

Arterial roads shall have a 100-foot right-of-way comprised of the following:

Driving lanes: 66 feet wide.

Bike lanes: 10 feet.

Gutter and curb: four feet.

Landscape buffer: 10 feet.

Sidewalk: 10 feet.

Collector roads shall have a fifty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide.

Parking lanes (or bike lanes): 12 feet wide.

Gutter and curb: four feet wide.

Landscape buffer: six feet wide.

Sidewalks: eight feet wide.

Local streets shall have a forty-two-foot right-of-way comprised of the following:

Driving lanes: 18 feet wide.

Gutter and curb: four feet wide.

Bike lanes: eight feet wide.

Landscape buffer: six feet wide.

Sidewalks: six feet wide.

Paved private drives shall have a twenty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide. If paved in asphalt, a two-inch minimum thickness of asphalt is required on top of a six-inch minimum compacted base course; and

A utility easement of required width if deemed necessary by the Public Works Department shall be dedicated to the City.

Unpaved private drives.

Unpaved private drives shall have a twenty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide. Where abutting a paved or dedicated street, the first 25 feet shall be surfaced with a nonpermeable surface;

A utility easement of required width if deemed necessary by the Public Works Department shall be dedicated to the City; and

Any private drives which are subsequently proposed to be dedicated to the City, however, must be paved and shall meet all applicable public street standards.

§ 1301 General standards.

Exemptions. The following are exempt from the requirements of this article to prepare impact reports, to provide municipal services, to construct temporary improvements, and to submit landscape plans:

A single-family or two-family residential dwelling on a legal lot of record.

Any nonresidential development where a site plan is not required.

Impact reports. Within 21 calendar days of the written request by an owner or agent, the Planning Department shall provide available baseline data for the owner's use in the completion of impact reports. If the Planning Department does not have all requested baseline data, the requirement for impact reports shall not be waived. Impact reports are studies to identify the potential adverse effects of the proposed development on public infrastructure and land as well as adjoining private properties. The DRT will evaluate the alternate solutions proposed for mitigating adverse impacts and will forward its recommendation to the Planning Commission. The purpose of this section is to advise applicants that traffic generation, stormwater drainage, utility capacity analysis and soils reports may be required. The City of Española Planning Department will advise the applicant, in writing, of any and all required impact studies. The Planning Director shall notify the applicant of the requirement for specific impact studies as set forth in this section at or prior to the first DRT meeting where the development request is formally reviewed. The Planning Director shall provide the applicant with any available baseline data regarding the existing status or capacity of the City of Española roads, intersections, water service, sanitary sewer, storm drainage, etc. The Planning Director may require additional impact studies after notification as set forth in this subsection; if the impact resulting from the development request is modified by results of the impact studies or by the applicant, the DRT, Planning Commission or City Council may request further impact studies after notification of required impact studies by the Planning Director.

Grading and erosion control plans. The Planning Director may require grading and erosion plans to be submitted and approved as part of any preliminary plat or site plan application. Requirements for grading and erosion control plans are set forth in Subsections D(2) and E(2) of this section, respectively. The notification requirements set forth in Subsection B of this section shall apply to the requirements for grading and erosion control plans.

Standards for impact study preparation.

Traffic generation report required:

For residential development, when the proposed development for all phases exceeds 20 dwelling units, or when the report is in the best interest of the City of Española.

For commercial, industrial, recreational and mixed uses, when the estimated average daily traffic (ADT) generated by the proposed development exceeds 300 ADT or peak-hour criteria set by the Planning Department.

Where plan review or field inspection indicates that site design for the proposed development will not meet minimum City of Española engineering standards for any of the following conditions:

Sight visibility at points of access to public streets.

Street gradients.

Points of conflict between vehicular traffic and pedestrian movements caused by future on-site development or existing adjacent development.

Acceptable levels of service for adjoining roadways as a result of the complete development of the proposed site.

Impact on intersections at arterial streets in the immediate vicinity causing significant traffic delays, or traffic volumes creating need for modifications to intersection geometrics, or traffic volumes satisfying warrants for traffic control devices.

Stormwater drainage report required:

Where there is a drainage basin of five or more acres upstream from the site.

When there is known evidence of flooding immediately downstream from the proposed development.

When additional stormwater runoff caused by the development of the property will result in the substantial increase in the volume and velocity of stormwaters discharged from the site.

When improvements or realignments to major drainage channels are proposed.

Utility capacity analysis report required. If the size of utility lines does not conform to the sizes specified by the utilities master plan, the developer shall prepare an engineering report providing data to justify the difference in line sizing. The Utilities Department shall consider the report in its decision to deviate from the recommendation of the utilities master plan.

Soils report required:

When there are known geologic conditions that will create hazardous conditions for public improvements and private structures.

When soils have characteristics that require specialized engineering for building foundations or public roadways as shown on Rio Arriba County Soils Report.

Where unconsolidated fill material is known to exist within the tract of land that is proposed for development.

Minimum impact report standards.

Traffic generation report. The following minimum requirements serve as a guideline for preparing the traffic generation report:

Average daily traffic (ADT) and level of service (LOS) counts for surrounding public streets for predevelopment and post-development conditions.

Preliminary road profiles and street sections.

Minimum sight distances for intersections for predevelopment and post-development conditions.

Quantify the amount and direction of pedestrian traffic on public streets, and isolate locations where points of conflict will occur between pedestrians and vehicular traffic, creating hazardous conditions.

The City Engineer shall determine the off-site impacts to street intersections, in the immediate vicinity of the proposed development, with and without traffic control, including the need for signalized intersections and recommend measures that will be required to mitigate any adverse impacts created by development of the site.

Stormwater drainage report. The following minimum requirements serve as a guideline for preparing the stormwater drainage report:

The stormwater drainage report will be prepared and stamped by a professional engineer.

Graphic description of upstream drainage area for stormwaters which flow through the subject site, including number of acres in the upstream basin.

Quantities of water measured in cubic feet per second entering and discharged from the site for conditions existing prior to construction of the development and conditions represented at completion of all phases of the development, based on a 100-year-frequency rainfall.

Graphic description of the direction of flow for stormwater through the development.

Graphic description indicating points of stormwater discharge upon completion of development and description of suggested methods for controlling erosion at points of discharge.

Impact on downstream properties upon completion of all phases of the development.

Capacity of public storm drainage facilities to accept existing runoff and anticipated runoff from future development of the subject site as well as potential development of vacant lands upstream from the subject site. The assumed intensities of development for upstream lands shall be based on the land use recommendations of the Comprehensive Plan or the zoning district designation as shown on the Official Zoning Map, whichever is more restrictive.

Recommended measures that will be required to mitigate any adverse impacts created by development of the site.

Utility capacity analysis report required. A utility capacity analysis report is required for an improvement exceeding four residential dwelling units and commercial improvements exceeding 5,000 square feet of heated area. The report shall include the capacity of existing and proposed gas, water, electric and sanitary sewer systems. The report shall include the calculated demand on the utility systems of the improvement.

Soils report required.

The following minimum requirements serve as a guideline for preparing the soils report:

Location, on a scaled drawing, of any soils or geologic conditions within and contiguous to the proposed development area which create hazardous conditions or require specialized engineering design.

Written description of the soils types or natural or man-made land features that are shown on the required sealed drawings.

Recommended measures that will be required to mitigate any adverse soils or geologic conditions which have been mapped within the proposed development.

The soils report shall be reviewed by the City Engineer, who shall recommend approval, conditional approval or denial to the Planning Commission prior to review of the preliminary plat or site plan.

§ 1302 Waivers.

The City Engineer may waive strict compliance with the requirements of this article if the development satisfies the intent and purpose of this article. The applicant shall state, in writing, the type and extent of the waiver and the reasons for requesting the waiver. Waivers will generally only be granted to smaller developments, where access, terrain and stormwater drainage do not require mitigation measures. Any request for waiver of development standards must be included in the application, submitted at the time of the development request.

§ 1303 Design guidelines for improvements.

Design guidelines for improvements shall be available for developers from the Planning Department.

§ 1304 Landscaping performance standards.

Site landscaping standards. Development of any tract of land where a landscape plan is required shall conform to the following standards:

The landscape design should emphasize native plants and water conservation practices and should give due consideration to the recommended plant materials list.

The landscape design should use a variety and mixture of plant materials to avoid destruction of singular species through blight and/or disease.

Where there is a need for buffer areas, parking lot or parking facility landscaping or any combination thereof, there shall be compatibility of plant materials and design themes within the development and with adjacent properties.

Permanent irrigation facilities may be required to ensure the survival and growth of plant materials. The requirements of this subsection will depend on the type of landscaping proposed. Temporary irrigation facilities, such as hose bibs, may be required to ensure survival of newly landscaped areas. When required, irrigation facilities shall consist of, but are not limited to:

Automatic or manual sprinkler heads, valves, valve boxes, and all other mechanical equipment which shall be installed flush or lower than adjacent sidewalks, drainageways, and streets or no closer than five feet to a sidewalk, driveway or street.

Bubbler or drip irrigation systems.

A minimum of 25% of the site not covered by a building shall be landscaped. Existing desirable plant materials which meet the requirements of this subsection shall count towards satisfying the landscape requirement. This minimum landscaping requirement includes the required landscaping for parking facilities as set forth in Subsection B of this section, and in addition, the following standards shall apply to this minimum landscaped area:

Nonplant material within the allowable area for ground cover should not exceed 10%. Small interstices between plants shall be considered the same as if they were planted.

Preservation of desirable existing trees on the site is encouraged and shall count toward the minimum landscape standards of this subsection.

The landscaping between adjacent uses and/or properties is encouraged.

Up to 25% of the site landscaping requirement may be satisfied by landscaping within the public right-of-way for streetscape purposes, subject to a joint landscaping agreement between the City of Española and the property owner.

Existing desirable trees with a caliper size of six inches or more in diameter, measured at 4 1/2 feet above grade, should be preserved. New or replacement trees shall have a minimum trunk caliper of four inches. Preference shall be given to preserving dense groupings or groves of trees.

Desirable trees that are removed shall be replaced with an equal or greater number of trees and may be replaced on public property if it is not appropriate or possible to replace the trees on private property.

The abutting property owner shall maintain landscaped areas within the public right-of-way.

Dead, dying, diseased or unwanted vegetation shall be removed and replaced, and planting areas shall be maintained free of trash and weeds. All ground cover used in the screening and/or landscaping of a site shall be maintained in a healthy growing condition. Fences and/or walls used in screening and landscaping shall be maintained and kept in a structurally sound condition.

All landscaping shall be completed prior to issuance of final certificate of occupancy and no later than three months after completion of construction of all structures unless otherwise approved by the Planning Director.

Parking facility landscaping.

For the purpose of this section, "parking facility" shall be defined as the spaces utilized for the parking of vehicles, the driving aisles, ramps and ingress to and egress from the parking facility.

The landscaping for required parking facilities shall satisfy the following requirements:

Landscaping shall consist of a mixture of ground cover, shrubs and trees, and shall be placed and maintained in a manner so as to not impair vehicular, bicycle or pedestrian visibility at points of ingress and egress for the parking facility.

As part of the landscaping requirements of Subsection A(5) of this section, all required parking facilities shall provide landscaping within the parking facility in a ratio of five square feet of landscaped area for every 100 square feet of paved parking area. Landscaped areas shall be located throughout the parking lot or parking facility in a pattern that reduces the barren appearance of the area. Covered or decked parking lots or parking facilities shall incorporate the required landscaping into the site design so as to screen the parking lot or parking facility.

As part of the landscaping requirements of this section, each owner or agent, as a condition of approval, shall be required to execute a maintenance agreement ensuring that the landscaping as approved by the Planning Director shall be installed, irrigated and permanently maintained. Should the property owner or agent fail to uphold the terms of the agreement, the City of Española, after proper notice to the owner or agent, will maintain the landscape improvements and lien the property for the actual costs of that maintenance. The lien will be filed with the City of Española City Clerk.

§ 1305 Landscape plans.

During the course of the review of any request for a landscape plan, the Planning Director shall utilize the following criteria in making his decision of approval, conditional approval or denial:

Conformance with the standards set forth in § 1304.

General compatibility with the existing and proposed improvements and adjacent land uses and landscaping.

Any conditions imposed by the Planning Commission and/or City Council.

Location of all trees to be preserved on the site.

Location, size and type of plant material by common and/or botanical names.

Systems for irrigation, if required, of landscaped areas.

§ 1306 Hillside development standards.

Description and purpose.

Certain areas of the City of Española are characterized by slope, vegetation, drainage, rock outcroppings, geologic conditions and other physical factors which, if disturbed for purposes of development, can cause physical damage to public or private property, or both. Therefore, the development of such areas and adjacent land requires special care on the part of the public and private sectors.

The purpose of these regulations is to specify conditions for any type of development in sensitive hillside areas where, due to topography, the natural environment, or for other reasons, problems may be created which are detrimental to the public health, safety and welfare. It is the intent of the regulations of this section to prevent physical damage to public and private property and to aid in the preservation of the natural heritage of the City of Española. It is furthermore the purpose of this section to allow an appreciable degree of development flexibility to protect the environment of hillside areas. Specifically, the objectives of this section are to:

Conserve the unique natural features and aesthetic qualities of the hillside areas.

Provide safe and convenient access to hillside areas.

Minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs.

Ensure types, distribution and densities of development which are compatible with the natural systems and terrain of the hillside areas.

Ensure that the taxpayers of the City of Española are not burdened by extraordinary costs for services attributable solely to the development of hillside areas.

Applicability of section; exemptions.

No building or structure may be erected, reconstructed or structurally altered on land which is designated on the Zoning Maps of the City of Española as a hillside area, nor shall such land be subdivided, graded or otherwise disturbed for purposes of development, subdivision or any other purpose unless such construction, subdivision, disturbance or development is undertaken in accordance with the requirements set forth in this article.

Upon written request from a landowner or authorized representative, the Planning Director and the Director of Public Works may exempt certain property from all or part of the requirements of this section if the subject property is not a characteristic hillside area as described in Subsection A(1) of this section. The request shall clearly state the rationale for any exemptions and list all exemptions being sought. The Planning Director and Public Works Director shall respond, in writing, to the applicant within 15 working days of receiving an exemption request.

Land suitability analysis.

A land suitability analysis shall be required as part of the justification for the proposed development of a hillside area. The analysis shall consist of an evaluation of all physical and environmental factors on the site so that type, density and distribution of development may be established in the most environmentally compatible manner that will minimize land disturbance, protect natural plant and animal communities, and minimize costs and liability to the City of Española. The suitability analysis shall be prepared in conjunction with the sketch plan, and the sketch plan shall be clearly reflective of the analysis. Should any land in a designated hillside area not be planned, the suitability analysis shall be prepared in conjunction with the development plan. The development plan shall be clearly reflective of that analysis in terms of type, density and distribution of proposed development.

Should any land in a designated hillside area have an existing, approved sketch which plan that was adopted without an approved suitability analysis, the landowner may, at his option:

Submit a land suitability analysis upon which the sketch plan was based;

In lieu of a land suitability analysis, submit written or graphic material, or both, to the Planning Department, addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influenced the type, distribution and density depicted by the sketch plan; or

Prior to or at the time that the development plan is submitted, submit written or graphic material, or both, addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influence the project's design as shown on the development plan.

Development plan.

No site plan shall be submitted until such time as a detailed development plan has been submitted and approved as set forth in this section. The development plan shall be a master schematic site plan that shows all phases of the development proposal, including lot(s), street(s), drainageway(s) and proposed building site. The development plan shall be prepared in compliance with this article and shall contain all information required herein unless specifically exempted under Subsection B(2) of this section.

Review and approval procedures. The development plan shall be processed in conformance with procedures set forth in § 403, Development plan review criteria. Consideration and approval by the Planning Director shall be in conformance with § 202.

Submittal requirements. In addition to the development plan submittal requirements listed in this article, the following information is required to accompany a development plan in a hillside area. The applicant shall not be required to depict actual construction on individual lots in single-family detached residential development. This exception shall not apply to single-family attached developments.

Location of a general building area for each lot. This can also be shown by proposing preservation areas on lots, where appropriate. Proposed access shall also be indicated [see Subsection D(3)(f) of this section];

Location and species of vegetation (common names are acceptable) and an indication of vegetation to be removed;

Location of rock outcroppings;

A map of proposed road alignments identifying segments at grades of 0% to 4%, 4% to 8% and above. Center-line profiles shall be required for all road segments which exceed a grade of 8%. Profiles may be required for segments with grades of less than 8% if deemed necessary by the Public Works Director;

Where grading is to occur, plans showing the relationship of all cuts and fills to the existing topography and plans for the stabilization, restoration and control of erosion for disturbed areas as required by Subsection F of this section. A letter of credit or bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control reclamation plan;

The manner in which access will be provided or restricted due to topographic and other physical constraints, from the access road to each lot; and

Where deviations from those standards contained in the Design Guidelines are being proposed, a facilities plan shall be required in accordance with Subsection C of this section.

Criteria for review. In addition to development plan review criteria outlined in this article, criteria for review of a development plan in a hillside area shall be as follows:

Is terrain disturbance minimized?

Is natural vegetation preserved and incorporated into the project design to the maximum possible extent?

Have visual impacts upon off-site areas been avoided or reasonably mitigated? Mitigation measures which may be demonstrated on the development plan may include, but are not limited to:

Alternative siting of structures so that there is a mountain or hillside backdrop to the structure from areas where the structure is visible.

Use of existing vegetation to soften structural mass when building sites are located in highly visible areas.

Use of supplementary native landscaping to soften structural mass when building sites are located in highly visible areas.

Designation of special height restrictions for highly visible areas.

Use of visually compatible stabilization measures for cuts and fills.

Amendments. All amendments to an approved development plan shall be processed in conformance with requirements and procedures set forth in this chapter.

Facilities plan. To allow for design flexibility, a facilities plan shall be required concurrent with the detailed development plan when deviations from this section are being proposed. Due to the unique and often fragile nature of hillside environs, certain variances from the hillside standards may be allowed if they will result in superior and more environmentally compatible design. The facilities plan shall be used to demonstrate that the proposed deviations will not adversely affect the public health, safety or welfare, and shall specify how the unique natural features of the site will be protected through the careful placement of services.

Grading, erosion control and reclamation plan.

The primary objective of the grading, erosion control and reclamation plan is to minimize terrain disturbance and to restore and stabilize those areas that are disturbed. Plans for grading and control of erosion shall be submitted by the applicant with the development plan, development plan amendment, or replat, whichever is applicable, in any designated hillside area. No land so designated shall be subdivided, graded, or otherwise disturbed for any development purposes until the plan for grading and erosion control have been approved by the Planning Director and the Public Works Director. The grading plan shall meet all the requirements as set forth in the Design Guidelines. In addition, the grading plan shall show all areas to be disturbed by grading and fill and shall show proposed final contours for these areas. The contour interval shall be two feet and the horizontal scale one inch equals 40 inches unless otherwise approved by the Planning Director and Public Works Director. The erosion control and reclamation plan or program shall state in detail how each type of restoration situation will be dealt with, recognizing that different combinations of slope and material may require varied stabilization methods. No cleared, graded or otherwise disturbed land may be left without temporary protective stabilizing cover longer than three months or without permanent cover as described in the erosion control plan longer than nine months from the date of disturbance. All grading plans prepared and submitted under this section shall include measures for drainage and erosion control to be employed during construction. Such measures shall remain in place after construction has been completed until such time as temporary or permanent protective cover is applied. Whenever possible and wherever appropriate, erosion control and restoration shall incorporate the use of live native plant materials. Criteria for treatment shall include visual compatibility with the surrounding landscape, sustained survivability under arid conditions, and effectiveness in prevention of soil erosion and slope failure.

All grading plans prepared and submitted under this section shall include plans for limiting ecological damage through restrictions on the use of construction equipment and placement of supply and equipment storage areas.

Revisions of any approved grading plan shall be submitted to the City of Española Planning Department for review and shall be acted upon by the Planning Director and Public Works Director within 15 working days of receipt.

A letter of credit or surety bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control and reclamation plan. This letter or bond need not be submitted for the final plat to be approved, but shall be submitted prior to any land disturbance, including removal or alteration of vegetation, or prior to issuance of any building permit, whichever occurs first.

Issuance of building permits. No building permits shall be issued in any hillside area until such time as:

The surety bond or letter of credit is posted by the developer in accordance with Subsection F(4) of this section; and

A plan for grading and erosion control for the individual lot is approved by the Planning Department.

This plan shall consist of the following:

Plot plan drawn to scale;

Two-foot contours, existing and proposed;

All existing vegetation and rock outcroppings;

All areas of cut or fill, or both, including driveways;

Erosion control/stabilization methods for cuts and fills; and

Restrictions on equipment use and supply storage areas so that disturbances and ecological damage are minimized.

The Planning Department shall respond to this plan within 15 working days of receipt.

Restoration and maintenance.

Restoration; unpermitted land disturbance or alteration. If any land disturbance or alteration, including, but not limited to, grading or otherwise disturbing natural ground cover, occurs in a hillside area which is not in accordance with the properly approved plans as required by this article, a stop order may be issued prohibiting all further activity until all required plans have been submitted and properly approved. The landowner shall have 45 days after such a stop order is issued to submit a plan for restoration pursuant to Subsections D and F of this section. The Planning Director, with the concurrence of the Public Works Director, may extend this time period for an additional 45 days for good cause shown. The Planning Director and Public Works Director may also condition their approval of any restoration measures upon the applicant's supplying a satisfactory bond, letter of credit or other suitable guarantee for the performance of any proposed restoration. Such plan shall require that restoration commence within 30 days after the plan approval and proceed with due diligence to completion.

Maintenance.

Obligation to maintain. All facilities, vegetation and other items required by the approved grading, erosion control and reclamation plan shall be properly maintained by the owners of the property. Such maintenance shall include, but not be limited to, keeping all erosion control facilities in good order and functional, repairing any erosion damage that occurs, keeping all vegetation healthy and in growing condition and replacing any dead vegetation as soon as practicable. This obligation to maintain shall not apply to individual lots except as the individual lots may be subject to maintenance obligations incurred under the approved grading, erosion control and reclamation plan and except for obligations incurred under Subsection G of this section.

Failure to maintain. If the Public Works Director or the Planning Director determines the maintenance required under Subsection H(2)(a) of this section has not been performed in the manner required, the Planning Director or the Public Works Director, with the concurrence of the other, may give notice to the property owner specifying the maintenance determined to be required under this section. The Planning Director, with the concurrence of the Public Works Director, may extend this 45 days for an additional forty-five-day period. If the maintenance specified in such notice is not satisfactorily performed within 45 days or an additional forty-five-day extension after delivery of this notice, the City of Española may proceed with a formal notice and order to correct as set forth in Subsection H(3) of this section.

Formal notice and order to correct; City of Española performance of restoration and maintenance work. If the approval as required by Subsection H(1) of this section has not been obtained within the time required or if work is not commenced within the time required or if maintenance required under Subsection H(2) of this section has not commenced or concluded within the time required, or at any time prior to approval or commencement of such work that the Planning Director determines there is either imminent or existing erosion damage, drainage damage, dust pollution or other hazardous condition for which immediate action is necessary, the Planning Director may cause corrective proceedings to be undertaken and shall submit a notice and order to correct.

Appeals. Appeals of any administrative action under the provisions of the Section shall be made in accordance with Article XII of this chapter; provided, however, that whenever the Planning Director issues a notice and order to correct under the authority of Subsection H(3) of this section, this section shall apply.

§ 1307 Public lands.

Any agency owning land within the City of Española may use the land and place structures in order to support community needs and the public health, safety and welfare, where such use is found to be used for purposes pertaining to the function of that agency after application and permitting by the Planning Director.

Where the land is to be used by any other person under a lease or contract with the government agency, an application for a special use permit shall be applied for and acted upon by the Planning Commission. Under such circumstances, the land may be put to any use accessory to the governmental use or to any of the uses allowed in the district that the land is located, upon the approval of the application for a special use permit.

§ 1308 Historic districts.

Historic districts are overlay districts and the following regulations are applicable as additions to the regulations of the underlying district in which the property is located. In case of conflict, the more restrictive regulations shall control.

No new construction, expansion, addition to, restoration of or major maintenance to any building, structures or ruins shall be carried on without the prior approval of a site plan by the Planning Commission.

No major changes to landscaping that would alter the character of the area existing on the date of adoption of this article, including the removal or planting of trees, shall take place without prior approval of a site plan by the Planning Commission.

When acting on a site plan, the Planning Commission shall consider recommendations from the State Office of Cultural Affairs, Historic Preservation Division, or successor agency. This consideration is taken as advice only and does not bind or obligate the Commission to any of these findings or recommendations.

Requirements, guidelines and regulations for individual historic districts may be adopted as separate ordinances; however, such districts shall be bound by the requirements set forth in this Development Code. Where the two ordinances are in conflict, the Planning Commission shall determine the standards with which the applicant must conform.

Espanola City Zoning Code

ARTICLE XIII

Development Standards

§ 1300 Street development standards.

The following standards shall apply to all arterials, collectors, local streets and private drives.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A major thoroughfare which serves as a major traffic way for travel between and through the municipality.

Streets which serve as feeders to arterial streets and collectors of local streets.

A street which is primarily residential and is used primarily by residents of a neighborhood serving up to 30 dwelling units.

A paved or unpaved roadway serving up to eight dwelling units.

Table of standards. See the following table for construction and engineering standards for roadways.[1]

Editor's Note: Said table is available for inspection in the office of the City Planner.

Construction and engineering standards of public streets shall be in accordance with the City Engineering and construction standards as recommended by the City and illustrated in the above table and shall be as follows:

All new City streets shall be paved and dedicated public streets; however, the City shall not maintain private drives;

All dedicated City streets and private drives shall contain turnaround capability. The following are acceptable means of turnarounds on local and private streets:

A forty-foot cul-de-sac with landscaped island.

A cul-de-sac with a thirty-foot radius.

A sixty-foot-by-twenty-foot Y-shaped turnaround.

A loop road.

Arterial roads shall have a 100-foot right-of-way comprised of the following:

Driving lanes: 66 feet wide.

Bike lanes: 10 feet.

Gutter and curb: four feet.

Landscape buffer: 10 feet.

Sidewalk: 10 feet.

Collector roads shall have a fifty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide.

Parking lanes (or bike lanes): 12 feet wide.

Gutter and curb: four feet wide.

Landscape buffer: six feet wide.

Sidewalks: eight feet wide.

Local streets shall have a forty-two-foot right-of-way comprised of the following:

Driving lanes: 18 feet wide.

Gutter and curb: four feet wide.

Bike lanes: eight feet wide.

Landscape buffer: six feet wide.

Sidewalks: six feet wide.

Paved private drives shall have a twenty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide. If paved in asphalt, a two-inch minimum thickness of asphalt is required on top of a six-inch minimum compacted base course; and

A utility easement of required width if deemed necessary by the Public Works Department shall be dedicated to the City.

Unpaved private drives.

Unpaved private drives shall have a twenty-foot right-of-way comprised of the following:

Driving lanes: 20 feet wide. Where abutting a paved or dedicated street, the first 25 feet shall be surfaced with a nonpermeable surface;

A utility easement of required width if deemed necessary by the Public Works Department shall be dedicated to the City; and

Any private drives which are subsequently proposed to be dedicated to the City, however, must be paved and shall meet all applicable public street standards.

§ 1301 General standards.

Exemptions. The following are exempt from the requirements of this article to prepare impact reports, to provide municipal services, to construct temporary improvements, and to submit landscape plans:

A single-family or two-family residential dwelling on a legal lot of record.

Any nonresidential development where a site plan is not required.

Impact reports. Within 21 calendar days of the written request by an owner or agent, the Planning Department shall provide available baseline data for the owner's use in the completion of impact reports. If the Planning Department does not have all requested baseline data, the requirement for impact reports shall not be waived. Impact reports are studies to identify the potential adverse effects of the proposed development on public infrastructure and land as well as adjoining private properties. The DRT will evaluate the alternate solutions proposed for mitigating adverse impacts and will forward its recommendation to the Planning Commission. The purpose of this section is to advise applicants that traffic generation, stormwater drainage, utility capacity analysis and soils reports may be required. The City of Española Planning Department will advise the applicant, in writing, of any and all required impact studies. The Planning Director shall notify the applicant of the requirement for specific impact studies as set forth in this section at or prior to the first DRT meeting where the development request is formally reviewed. The Planning Director shall provide the applicant with any available baseline data regarding the existing status or capacity of the City of Española roads, intersections, water service, sanitary sewer, storm drainage, etc. The Planning Director may require additional impact studies after notification as set forth in this subsection; if the impact resulting from the development request is modified by results of the impact studies or by the applicant, the DRT, Planning Commission or City Council may request further impact studies after notification of required impact studies by the Planning Director.

Grading and erosion control plans. The Planning Director may require grading and erosion plans to be submitted and approved as part of any preliminary plat or site plan application. Requirements for grading and erosion control plans are set forth in Subsections D(2) and E(2) of this section, respectively. The notification requirements set forth in Subsection B of this section shall apply to the requirements for grading and erosion control plans.

Standards for impact study preparation.

Traffic generation report required:

For residential development, when the proposed development for all phases exceeds 20 dwelling units, or when the report is in the best interest of the City of Española.

For commercial, industrial, recreational and mixed uses, when the estimated average daily traffic (ADT) generated by the proposed development exceeds 300 ADT or peak-hour criteria set by the Planning Department.

Where plan review or field inspection indicates that site design for the proposed development will not meet minimum City of Española engineering standards for any of the following conditions:

Sight visibility at points of access to public streets.

Street gradients.

Points of conflict between vehicular traffic and pedestrian movements caused by future on-site development or existing adjacent development.

Acceptable levels of service for adjoining roadways as a result of the complete development of the proposed site.

Impact on intersections at arterial streets in the immediate vicinity causing significant traffic delays, or traffic volumes creating need for modifications to intersection geometrics, or traffic volumes satisfying warrants for traffic control devices.

Stormwater drainage report required:

Where there is a drainage basin of five or more acres upstream from the site.

When there is known evidence of flooding immediately downstream from the proposed development.

When additional stormwater runoff caused by the development of the property will result in the substantial increase in the volume and velocity of stormwaters discharged from the site.

When improvements or realignments to major drainage channels are proposed.

Utility capacity analysis report required. If the size of utility lines does not conform to the sizes specified by the utilities master plan, the developer shall prepare an engineering report providing data to justify the difference in line sizing. The Utilities Department shall consider the report in its decision to deviate from the recommendation of the utilities master plan.

Soils report required:

When there are known geologic conditions that will create hazardous conditions for public improvements and private structures.

When soils have characteristics that require specialized engineering for building foundations or public roadways as shown on Rio Arriba County Soils Report.

Where unconsolidated fill material is known to exist within the tract of land that is proposed for development.

Minimum impact report standards.

Traffic generation report. The following minimum requirements serve as a guideline for preparing the traffic generation report:

Average daily traffic (ADT) and level of service (LOS) counts for surrounding public streets for predevelopment and post-development conditions.

Preliminary road profiles and street sections.

Minimum sight distances for intersections for predevelopment and post-development conditions.

Quantify the amount and direction of pedestrian traffic on public streets, and isolate locations where points of conflict will occur between pedestrians and vehicular traffic, creating hazardous conditions.

The City Engineer shall determine the off-site impacts to street intersections, in the immediate vicinity of the proposed development, with and without traffic control, including the need for signalized intersections and recommend measures that will be required to mitigate any adverse impacts created by development of the site.

Stormwater drainage report. The following minimum requirements serve as a guideline for preparing the stormwater drainage report:

The stormwater drainage report will be prepared and stamped by a professional engineer.

Graphic description of upstream drainage area for stormwaters which flow through the subject site, including number of acres in the upstream basin.

Quantities of water measured in cubic feet per second entering and discharged from the site for conditions existing prior to construction of the development and conditions represented at completion of all phases of the development, based on a 100-year-frequency rainfall.

Graphic description of the direction of flow for stormwater through the development.

Graphic description indicating points of stormwater discharge upon completion of development and description of suggested methods for controlling erosion at points of discharge.

Impact on downstream properties upon completion of all phases of the development.

Capacity of public storm drainage facilities to accept existing runoff and anticipated runoff from future development of the subject site as well as potential development of vacant lands upstream from the subject site. The assumed intensities of development for upstream lands shall be based on the land use recommendations of the Comprehensive Plan or the zoning district designation as shown on the Official Zoning Map, whichever is more restrictive.

Recommended measures that will be required to mitigate any adverse impacts created by development of the site.

Utility capacity analysis report required. A utility capacity analysis report is required for an improvement exceeding four residential dwelling units and commercial improvements exceeding 5,000 square feet of heated area. The report shall include the capacity of existing and proposed gas, water, electric and sanitary sewer systems. The report shall include the calculated demand on the utility systems of the improvement.

Soils report required.

The following minimum requirements serve as a guideline for preparing the soils report:

Location, on a scaled drawing, of any soils or geologic conditions within and contiguous to the proposed development area which create hazardous conditions or require specialized engineering design.

Written description of the soils types or natural or man-made land features that are shown on the required sealed drawings.

Recommended measures that will be required to mitigate any adverse soils or geologic conditions which have been mapped within the proposed development.

The soils report shall be reviewed by the City Engineer, who shall recommend approval, conditional approval or denial to the Planning Commission prior to review of the preliminary plat or site plan.

§ 1302 Waivers.

The City Engineer may waive strict compliance with the requirements of this article if the development satisfies the intent and purpose of this article. The applicant shall state, in writing, the type and extent of the waiver and the reasons for requesting the waiver. Waivers will generally only be granted to smaller developments, where access, terrain and stormwater drainage do not require mitigation measures. Any request for waiver of development standards must be included in the application, submitted at the time of the development request.

§ 1303 Design guidelines for improvements.

Design guidelines for improvements shall be available for developers from the Planning Department.

§ 1304 Landscaping performance standards.

Site landscaping standards. Development of any tract of land where a landscape plan is required shall conform to the following standards:

The landscape design should emphasize native plants and water conservation practices and should give due consideration to the recommended plant materials list.

The landscape design should use a variety and mixture of plant materials to avoid destruction of singular species through blight and/or disease.

Where there is a need for buffer areas, parking lot or parking facility landscaping or any combination thereof, there shall be compatibility of plant materials and design themes within the development and with adjacent properties.

Permanent irrigation facilities may be required to ensure the survival and growth of plant materials. The requirements of this subsection will depend on the type of landscaping proposed. Temporary irrigation facilities, such as hose bibs, may be required to ensure survival of newly landscaped areas. When required, irrigation facilities shall consist of, but are not limited to:

Automatic or manual sprinkler heads, valves, valve boxes, and all other mechanical equipment which shall be installed flush or lower than adjacent sidewalks, drainageways, and streets or no closer than five feet to a sidewalk, driveway or street.

Bubbler or drip irrigation systems.

A minimum of 25% of the site not covered by a building shall be landscaped. Existing desirable plant materials which meet the requirements of this subsection shall count towards satisfying the landscape requirement. This minimum landscaping requirement includes the required landscaping for parking facilities as set forth in Subsection B of this section, and in addition, the following standards shall apply to this minimum landscaped area:

Nonplant material within the allowable area for ground cover should not exceed 10%. Small interstices between plants shall be considered the same as if they were planted.

Preservation of desirable existing trees on the site is encouraged and shall count toward the minimum landscape standards of this subsection.

The landscaping between adjacent uses and/or properties is encouraged.

Up to 25% of the site landscaping requirement may be satisfied by landscaping within the public right-of-way for streetscape purposes, subject to a joint landscaping agreement between the City of Española and the property owner.

Existing desirable trees with a caliper size of six inches or more in diameter, measured at 4 1/2 feet above grade, should be preserved. New or replacement trees shall have a minimum trunk caliper of four inches. Preference shall be given to preserving dense groupings or groves of trees.

Desirable trees that are removed shall be replaced with an equal or greater number of trees and may be replaced on public property if it is not appropriate or possible to replace the trees on private property.

The abutting property owner shall maintain landscaped areas within the public right-of-way.

Dead, dying, diseased or unwanted vegetation shall be removed and replaced, and planting areas shall be maintained free of trash and weeds. All ground cover used in the screening and/or landscaping of a site shall be maintained in a healthy growing condition. Fences and/or walls used in screening and landscaping shall be maintained and kept in a structurally sound condition.

All landscaping shall be completed prior to issuance of final certificate of occupancy and no later than three months after completion of construction of all structures unless otherwise approved by the Planning Director.

Parking facility landscaping.

For the purpose of this section, "parking facility" shall be defined as the spaces utilized for the parking of vehicles, the driving aisles, ramps and ingress to and egress from the parking facility.

The landscaping for required parking facilities shall satisfy the following requirements:

Landscaping shall consist of a mixture of ground cover, shrubs and trees, and shall be placed and maintained in a manner so as to not impair vehicular, bicycle or pedestrian visibility at points of ingress and egress for the parking facility.

As part of the landscaping requirements of Subsection A(5) of this section, all required parking facilities shall provide landscaping within the parking facility in a ratio of five square feet of landscaped area for every 100 square feet of paved parking area. Landscaped areas shall be located throughout the parking lot or parking facility in a pattern that reduces the barren appearance of the area. Covered or decked parking lots or parking facilities shall incorporate the required landscaping into the site design so as to screen the parking lot or parking facility.

As part of the landscaping requirements of this section, each owner or agent, as a condition of approval, shall be required to execute a maintenance agreement ensuring that the landscaping as approved by the Planning Director shall be installed, irrigated and permanently maintained. Should the property owner or agent fail to uphold the terms of the agreement, the City of Española, after proper notice to the owner or agent, will maintain the landscape improvements and lien the property for the actual costs of that maintenance. The lien will be filed with the City of Española City Clerk.

§ 1305 Landscape plans.

During the course of the review of any request for a landscape plan, the Planning Director shall utilize the following criteria in making his decision of approval, conditional approval or denial:

Conformance with the standards set forth in § 1304.

General compatibility with the existing and proposed improvements and adjacent land uses and landscaping.

Any conditions imposed by the Planning Commission and/or City Council.

Location of all trees to be preserved on the site.

Location, size and type of plant material by common and/or botanical names.

Systems for irrigation, if required, of landscaped areas.

§ 1306 Hillside development standards.

Description and purpose.

Certain areas of the City of Española are characterized by slope, vegetation, drainage, rock outcroppings, geologic conditions and other physical factors which, if disturbed for purposes of development, can cause physical damage to public or private property, or both. Therefore, the development of such areas and adjacent land requires special care on the part of the public and private sectors.

The purpose of these regulations is to specify conditions for any type of development in sensitive hillside areas where, due to topography, the natural environment, or for other reasons, problems may be created which are detrimental to the public health, safety and welfare. It is the intent of the regulations of this section to prevent physical damage to public and private property and to aid in the preservation of the natural heritage of the City of Española. It is furthermore the purpose of this section to allow an appreciable degree of development flexibility to protect the environment of hillside areas. Specifically, the objectives of this section are to:

Conserve the unique natural features and aesthetic qualities of the hillside areas.

Provide safe and convenient access to hillside areas.

Minimize water runoff and soil erosion problems incurred in adjustment of the terrain to meet development needs.

Ensure types, distribution and densities of development which are compatible with the natural systems and terrain of the hillside areas.

Ensure that the taxpayers of the City of Española are not burdened by extraordinary costs for services attributable solely to the development of hillside areas.

Applicability of section; exemptions.

No building or structure may be erected, reconstructed or structurally altered on land which is designated on the Zoning Maps of the City of Española as a hillside area, nor shall such land be subdivided, graded or otherwise disturbed for purposes of development, subdivision or any other purpose unless such construction, subdivision, disturbance or development is undertaken in accordance with the requirements set forth in this article.

Upon written request from a landowner or authorized representative, the Planning Director and the Director of Public Works may exempt certain property from all or part of the requirements of this section if the subject property is not a characteristic hillside area as described in Subsection A(1) of this section. The request shall clearly state the rationale for any exemptions and list all exemptions being sought. The Planning Director and Public Works Director shall respond, in writing, to the applicant within 15 working days of receiving an exemption request.

Land suitability analysis.

A land suitability analysis shall be required as part of the justification for the proposed development of a hillside area. The analysis shall consist of an evaluation of all physical and environmental factors on the site so that type, density and distribution of development may be established in the most environmentally compatible manner that will minimize land disturbance, protect natural plant and animal communities, and minimize costs and liability to the City of Española. The suitability analysis shall be prepared in conjunction with the sketch plan, and the sketch plan shall be clearly reflective of the analysis. Should any land in a designated hillside area not be planned, the suitability analysis shall be prepared in conjunction with the development plan. The development plan shall be clearly reflective of that analysis in terms of type, density and distribution of proposed development.

Should any land in a designated hillside area have an existing, approved sketch which plan that was adopted without an approved suitability analysis, the landowner may, at his option:

Submit a land suitability analysis upon which the sketch plan was based;

In lieu of a land suitability analysis, submit written or graphic material, or both, to the Planning Department, addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influenced the type, distribution and density depicted by the sketch plan; or

Prior to or at the time that the development plan is submitted, submit written or graphic material, or both, addressing the physical and aesthetic factors of the hillside site and demonstrating how these factors influence the project's design as shown on the development plan.

Development plan.

No site plan shall be submitted until such time as a detailed development plan has been submitted and approved as set forth in this section. The development plan shall be a master schematic site plan that shows all phases of the development proposal, including lot(s), street(s), drainageway(s) and proposed building site. The development plan shall be prepared in compliance with this article and shall contain all information required herein unless specifically exempted under Subsection B(2) of this section.

Review and approval procedures. The development plan shall be processed in conformance with procedures set forth in § 403, Development plan review criteria. Consideration and approval by the Planning Director shall be in conformance with § 202.

Submittal requirements. In addition to the development plan submittal requirements listed in this article, the following information is required to accompany a development plan in a hillside area. The applicant shall not be required to depict actual construction on individual lots in single-family detached residential development. This exception shall not apply to single-family attached developments.

Location of a general building area for each lot. This can also be shown by proposing preservation areas on lots, where appropriate. Proposed access shall also be indicated [see Subsection D(3)(f) of this section];

Location and species of vegetation (common names are acceptable) and an indication of vegetation to be removed;

Location of rock outcroppings;

A map of proposed road alignments identifying segments at grades of 0% to 4%, 4% to 8% and above. Center-line profiles shall be required for all road segments which exceed a grade of 8%. Profiles may be required for segments with grades of less than 8% if deemed necessary by the Public Works Director;

Where grading is to occur, plans showing the relationship of all cuts and fills to the existing topography and plans for the stabilization, restoration and control of erosion for disturbed areas as required by Subsection F of this section. A letter of credit or bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control reclamation plan;

The manner in which access will be provided or restricted due to topographic and other physical constraints, from the access road to each lot; and

Where deviations from those standards contained in the Design Guidelines are being proposed, a facilities plan shall be required in accordance with Subsection C of this section.

Criteria for review. In addition to development plan review criteria outlined in this article, criteria for review of a development plan in a hillside area shall be as follows:

Is terrain disturbance minimized?

Is natural vegetation preserved and incorporated into the project design to the maximum possible extent?

Have visual impacts upon off-site areas been avoided or reasonably mitigated? Mitigation measures which may be demonstrated on the development plan may include, but are not limited to:

Alternative siting of structures so that there is a mountain or hillside backdrop to the structure from areas where the structure is visible.

Use of existing vegetation to soften structural mass when building sites are located in highly visible areas.

Use of supplementary native landscaping to soften structural mass when building sites are located in highly visible areas.

Designation of special height restrictions for highly visible areas.

Use of visually compatible stabilization measures for cuts and fills.

Amendments. All amendments to an approved development plan shall be processed in conformance with requirements and procedures set forth in this chapter.

Facilities plan. To allow for design flexibility, a facilities plan shall be required concurrent with the detailed development plan when deviations from this section are being proposed. Due to the unique and often fragile nature of hillside environs, certain variances from the hillside standards may be allowed if they will result in superior and more environmentally compatible design. The facilities plan shall be used to demonstrate that the proposed deviations will not adversely affect the public health, safety or welfare, and shall specify how the unique natural features of the site will be protected through the careful placement of services.

Grading, erosion control and reclamation plan.

The primary objective of the grading, erosion control and reclamation plan is to minimize terrain disturbance and to restore and stabilize those areas that are disturbed. Plans for grading and control of erosion shall be submitted by the applicant with the development plan, development plan amendment, or replat, whichever is applicable, in any designated hillside area. No land so designated shall be subdivided, graded, or otherwise disturbed for any development purposes until the plan for grading and erosion control have been approved by the Planning Director and the Public Works Director. The grading plan shall meet all the requirements as set forth in the Design Guidelines. In addition, the grading plan shall show all areas to be disturbed by grading and fill and shall show proposed final contours for these areas. The contour interval shall be two feet and the horizontal scale one inch equals 40 inches unless otherwise approved by the Planning Director and Public Works Director. The erosion control and reclamation plan or program shall state in detail how each type of restoration situation will be dealt with, recognizing that different combinations of slope and material may require varied stabilization methods. No cleared, graded or otherwise disturbed land may be left without temporary protective stabilizing cover longer than three months or without permanent cover as described in the erosion control plan longer than nine months from the date of disturbance. All grading plans prepared and submitted under this section shall include measures for drainage and erosion control to be employed during construction. Such measures shall remain in place after construction has been completed until such time as temporary or permanent protective cover is applied. Whenever possible and wherever appropriate, erosion control and restoration shall incorporate the use of live native plant materials. Criteria for treatment shall include visual compatibility with the surrounding landscape, sustained survivability under arid conditions, and effectiveness in prevention of soil erosion and slope failure.

All grading plans prepared and submitted under this section shall include plans for limiting ecological damage through restrictions on the use of construction equipment and placement of supply and equipment storage areas.

Revisions of any approved grading plan shall be submitted to the City of Española Planning Department for review and shall be acted upon by the Planning Director and Public Works Director within 15 working days of receipt.

A letter of credit or surety bond shall be required in order to ensure proper restoration of disturbed areas in accordance with the approved erosion control and reclamation plan. This letter or bond need not be submitted for the final plat to be approved, but shall be submitted prior to any land disturbance, including removal or alteration of vegetation, or prior to issuance of any building permit, whichever occurs first.

Issuance of building permits. No building permits shall be issued in any hillside area until such time as:

The surety bond or letter of credit is posted by the developer in accordance with Subsection F(4) of this section; and

A plan for grading and erosion control for the individual lot is approved by the Planning Department.

This plan shall consist of the following:

Plot plan drawn to scale;

Two-foot contours, existing and proposed;

All existing vegetation and rock outcroppings;

All areas of cut or fill, or both, including driveways;

Erosion control/stabilization methods for cuts and fills; and

Restrictions on equipment use and supply storage areas so that disturbances and ecological damage are minimized.

The Planning Department shall respond to this plan within 15 working days of receipt.

Restoration and maintenance.

Restoration; unpermitted land disturbance or alteration. If any land disturbance or alteration, including, but not limited to, grading or otherwise disturbing natural ground cover, occurs in a hillside area which is not in accordance with the properly approved plans as required by this article, a stop order may be issued prohibiting all further activity until all required plans have been submitted and properly approved. The landowner shall have 45 days after such a stop order is issued to submit a plan for restoration pursuant to Subsections D and F of this section. The Planning Director, with the concurrence of the Public Works Director, may extend this time period for an additional 45 days for good cause shown. The Planning Director and Public Works Director may also condition their approval of any restoration measures upon the applicant's supplying a satisfactory bond, letter of credit or other suitable guarantee for the performance of any proposed restoration. Such plan shall require that restoration commence within 30 days after the plan approval and proceed with due diligence to completion.

Maintenance.

Obligation to maintain. All facilities, vegetation and other items required by the approved grading, erosion control and reclamation plan shall be properly maintained by the owners of the property. Such maintenance shall include, but not be limited to, keeping all erosion control facilities in good order and functional, repairing any erosion damage that occurs, keeping all vegetation healthy and in growing condition and replacing any dead vegetation as soon as practicable. This obligation to maintain shall not apply to individual lots except as the individual lots may be subject to maintenance obligations incurred under the approved grading, erosion control and reclamation plan and except for obligations incurred under Subsection G of this section.

Failure to maintain. If the Public Works Director or the Planning Director determines the maintenance required under Subsection H(2)(a) of this section has not been performed in the manner required, the Planning Director or the Public Works Director, with the concurrence of the other, may give notice to the property owner specifying the maintenance determined to be required under this section. The Planning Director, with the concurrence of the Public Works Director, may extend this 45 days for an additional forty-five-day period. If the maintenance specified in such notice is not satisfactorily performed within 45 days or an additional forty-five-day extension after delivery of this notice, the City of Española may proceed with a formal notice and order to correct as set forth in Subsection H(3) of this section.

Formal notice and order to correct; City of Española performance of restoration and maintenance work. If the approval as required by Subsection H(1) of this section has not been obtained within the time required or if work is not commenced within the time required or if maintenance required under Subsection H(2) of this section has not commenced or concluded within the time required, or at any time prior to approval or commencement of such work that the Planning Director determines there is either imminent or existing erosion damage, drainage damage, dust pollution or other hazardous condition for which immediate action is necessary, the Planning Director may cause corrective proceedings to be undertaken and shall submit a notice and order to correct.

Appeals. Appeals of any administrative action under the provisions of the Section shall be made in accordance with Article XII of this chapter; provided, however, that whenever the Planning Director issues a notice and order to correct under the authority of Subsection H(3) of this section, this section shall apply.

§ 1307 Public lands.

Any agency owning land within the City of Española may use the land and place structures in order to support community needs and the public health, safety and welfare, where such use is found to be used for purposes pertaining to the function of that agency after application and permitting by the Planning Director.

Where the land is to be used by any other person under a lease or contract with the government agency, an application for a special use permit shall be applied for and acted upon by the Planning Commission. Under such circumstances, the land may be put to any use accessory to the governmental use or to any of the uses allowed in the district that the land is located, upon the approval of the application for a special use permit.

§ 1308 Historic districts.

Historic districts are overlay districts and the following regulations are applicable as additions to the regulations of the underlying district in which the property is located. In case of conflict, the more restrictive regulations shall control.

No new construction, expansion, addition to, restoration of or major maintenance to any building, structures or ruins shall be carried on without the prior approval of a site plan by the Planning Commission.

No major changes to landscaping that would alter the character of the area existing on the date of adoption of this article, including the removal or planting of trees, shall take place without prior approval of a site plan by the Planning Commission.

When acting on a site plan, the Planning Commission shall consider recommendations from the State Office of Cultural Affairs, Historic Preservation Division, or successor agency. This consideration is taken as advice only and does not bind or obligate the Commission to any of these findings or recommendations.

Requirements, guidelines and regulations for individual historic districts may be adopted as separate ordinances; however, such districts shall be bound by the requirements set forth in this Development Code. Where the two ordinances are in conflict, the Planning Commission shall determine the standards with which the applicant must conform.