The area of a lot shall include the total horizontal surface area within the lot’s boundaries, excluding existing and dedicated or conveyed public rights-of-way.

Except as permitted in Planned Development districts, every building shall be located on an individual lot.

The size, width, depth, shape, use, and orientation of lots shall comply with the applicable zoning district regulations.

All lots shall front on a public or private road and shall have a minimum frontage width as indicated in the zoning district regulations. On irregularly shaped lots, a minimum road frontage of fifteen (15) feet is required. An “irregularly shaped lot” includes any lot located on a cul-de-sac or abutting a curved section of a roadway with a centerline radius of less than 200 feet. (Residential lots shall not front on a collector road or arterial road.)

Double frontage or through lots are prohibited except in commercial or industrial districts. A double frontage lot is not created when an alleyway is provided. Double frontage lots may be permitted when creation of such a lot cannot be avoided due to the circumstances existing on the property.

Flag lots are prohibited except when creation of such a lot cannot be avoided due to the circumstances existing on the property (see illustration below).

Where the owner of a legally platted lot has a lot reduced in size as a result of governmental action and does not own sufficient land to enable the lot to conform to the dimensional requirements of the SLDC, such lot may be used as a building site for a single-family residence or nonresidential use permitted in the district in which the lot is located.

Lots shall be arranged in a contiguous pattern within blocks or abutting a cul-de-sac. In minor subdivisions all lots shall be contiguous, and any new lots subdivided from a tract that has been previously subdivided shall adjoin the existing lots.

Blocks in the interior of a subdivision shall have sufficient length to provide for two tiers of lots. One tier of required block length is permitted in blocks adjacent to collector or arterial roads. Not more than two tiers of lots shall be provided for any block.

Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section.

Front and side setbacks adjacent to roads shall be shown on all plats as required by the SLDC. The setbacks provided are minimum setbacks; an applicant may elect to create greater setbacks.

Unless established through a right-of-way, all development shall be set back at least 150 feet from the road pavement of a federal highway and 100 feet from a highway, major arterial or railroad.

A reduced side yard setback may be permitted where fire resistant materials are used consistent with the New Mexico Fire Code and the Santa Fe County Fire Code. The road, side, and rear setback standards shall apply around the perimeter of an attached housing development.

Notwithstanding anything to the contrary in Setback Table 7-A, a setback of 100 feet from the property line is required between any residential district and any structures or uses within a commercial or industrial district. For purposes of this paragraph, the phrase “commercial district” shall not include the MU zone.

All structures, excluding walls and fences, must be set back a minimum of 15 feet from the centerline of any acequia, ditch, lateral or drain under the authority of an acequia association, organization or irrigation district. Minimum setback requirement can be waived if easement is otherwise prescribed by a recognized acequia association or irrigation district. Applicants shall provide notice to impacted acequia associations, organizations or irrigation districts of development projects within 25 feet of an acequia, ditch, lateral or drain.

The dimensions of required setbacks are provided in the following Setback Table. The setback standards do not apply to fences or walls.

Notwithstanding other provisions to the contrary, the following exceptions to setback requirements shall apply provided that a ten-foot distance between structures is maintained:

Setbacks may be reduced as described below through use of landscaping.

Consistent with Section 5.8, legal access shall be provided to each lot through an appropriate easement, deed or plat dedication.

Easements shall be provided for utility services including, but not limited to, water, sanitary sewer, gas, electric, and communications (cable/internet/phone). Utility easements shall have a minimum width of seven and one-half (7-1/2) feet, except where a transformer or other facility is required, in which case adequate provision for that facility or transformer shall be made. Where multiple utilities share the same easement, additional width sufficient to avoid conflict shall be provided. Easements shall be established to provide continuity of alignment throughout the area to be served and to adjoining areas. Utility easements shall be located such that each lot can be served by all proposed utilities.

Access and utility easements shall be combined unless the utility company dictates otherwise, or where topographical conditions, existing utility easements, or other conditions dictate otherwise. In such cases, utility easements may be placed parallel to access easements so that maintenance of utility lines will not create the need to disturb a road or driveway. Utility trenches shall be placed within easements in or adjacent road or driveway easements or rights-of-way where possible, except where alternate locations are required for gravity flow of water or sewer or where a significant reduction in line length and terrain disturbance would be achieved by cross-country easements and trenching.

Drainage easements between lots containing storm or drainage pipes with an inside diameter larger than 12 inches shall have a minimum width of 30 feet, or larger as determined by the Administrator with the following formula:

If a parcel is to be developed for any nonresidential, multifamily or mixed use, a cross-access easement shall be provided to adjoining properties that are similarly zoned and that front on the same road.

Cross-access easements shall have a minimum width of thirty (30) feet and shall be situated parallel to the road providing primary access. Cross-access easements shall be maintained by the property owner(s).

This requirement may be waived were unusual site conditions render such an easement of no reasonable benefit to adjoining properties or to public safety.

Assure that new development creates an amenity and improves and enhances the visual quality of an area;

Provide a buffer or screen between uses and roadways and residential areas;

Provide habitat and habitat corridors;

Prevent air and noise pollution;

Shade, cool and define large parking areas;

Define the separate function of thoroughfares and other land uses;

Promote revegetation of disturbed sites, minimize erosion, dust and slope instability;

Assure that landscaping is designed, installed and maintained to conform to the SLDC;

Preserve native vegetation and landscapes, and protect the visual and structural integrity of hillsides and mountainous areas from the deleterious effects of development; and

Promote conservation of water through the use of drought tolerant plant materials and xeriscape techniques.

To the extent practicable, existing vegetation shall be preserved and incorporated into landscape plans. Existing vegetation shall be protected during site development; vegetation may be cleared but shall be limited to the footprint area of structures and a reasonable area for construction operations, and all cleared areas shall be replanted to approximately the original density and vegetation mix.

Only native or introduced vegetation that is drought and/or freeze resistant shall be used for landscaping. A list of suitable native plants shall be on file with the Administrator.

For all nonresidential and multifamily development that is not already buffered by the requirements of Section 7.6.4 [7.6.3], a landscaped area twenty-five (25) feet in width shall be provided at the front of the property that abuts a public right-of-way that serves a highway or arterial and a landscaped area ten (10) feet in width shall be provided at the front of property that abuts a public right-of-way that serves a collector or local road.

The landscaping shall include a combination of trees, shrubs, grasses and flowers, ground cover or other organic and inorganic materials.

Evergreens and canopy or shade trees shall predominate; ornamental trees and shrubs and smaller native trees may be interspersed in groups which simulate natural tree stands.

Landscaped areas shall be permitted to be clustered closer to structures if this enhances the buffering or visual impacts.

Landscaping within parking lots shall be designed to shade the parking spaces and provide a visual break to the parking lot surface in accordance with the requirements of this Section.

Parking lots containing more than forty (40) or more parking spaces or are 12,000 square feet in total area, whichever is less, shall provide parking area landscaping as described in this Section; provided, however, that the standards of this Section shall not apply to vehicle/equipment storage lots or vehicle and equipment sales lots.

Parking areas containing 100 or more parking spaces shall provide landscaping in total area equal to least 10 percent of the total area of the parking lot. Parking areas containing between forty (40) and ninety-nine (99) parking spaces shall provide landscaping in total area equal to five (5%) percent.

Landscaped islands shall be provided at the end of each parking row containing ten (10) or more spaces.

Divider medians that form a continuous landscaped strip may be installed between abutting rows of parking spaces. The minimum width of divider medians shall be five feet if wheel stops or raised curbs prevent vehicle overhang of the median. If vehicle overhang is allowed, the minimum width shall be eight feet.

Plant units shall be provided within the interior of off-road parking areas in accordance with Table 7-1 and the following:

Parking areas with ten or more spaces or 4,000 square feet, whichever is less, shall be screened from view along the front property line (adjacent road rights-of-way) by an opaque, four-foot masonry wall or fence.

Such parking areas located within twenty-five feet of a property line adjoining residential uses, shall be screened from view along the front, side and/or rear property line by an opaque, six-foot masonry wall or fence. Required landscape buffers shall be located on the outside of the fence or wall.

Where landscaping is required by this Section, these are the planting standards.

When screening is required by this Section, the following standards shall apply:

The Administrator may approve the submittal of an alternative landscaping plan in conjunction with the site development plan, which modifies or removes required landscaping, in the following circumstances:

Walls or fences for agricultural purposes; and

Residential walls and fences no higher than six feet.

Fence and wall locations and heights shall be as follows unless otherwise specified in the SLDC:

A fence may be constructed of permanent material, such as wood (including coyote fences and similar), chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, adobe, straw bale or other materials that are similar in durability. The following materials shall not be used for fencing subject to this Section:

Buildings and structures;

Recreational facilities;

Parking lot lighting;

Road lighting; and

Other outdoor lighting.

All outdoor light sources shall be concealed within cut-off fixtures, except as otherwise specified herein. Fixtures shall be mounted in such a manner that their cones of light are directed down or toward a surface, but never towards an adjacent residence or public road.

Lamps, light sources or bulbs shall be shielded and shall comply with the light source and shielding requirements of Table 7-3. Spillover of lighting onto adjacent properties shall not exceed 0.50 footcandle measured at any point on a property line. No outdoor lighting shall be directed towards any adjacent residential use or public road.

All outdoor light sources shall be concealed within cut-off fixtures, except as otherwise specified herein.

The lowest fixture height that can serve the lighting purpose shall be used in all cases; lighting specifically focused on paths and other items needing illumination shall be preferred to broadcast floodlighting over large areas. Maximum fixture height above adjacent grade for all fixtures shall be as follows:

Such lighting shall only be permissible if a Conditional Use Permit is granted and that the proposed height is the minimum required to achieve the purpose of this Section including even lighting. Spillover onto adjacent property is prohibited.

Light illumination levels shall not exceed the limits established in Table 7-4. Seasonal decorations in place between Thanksgiving and January 15 are not counted toward these limits. The values in the following tables are upper limits and not design goals; design goals should be the lowest levels that meet the requirements. In order to provide uniform lighting in pedestrian and parking areas, outdoor lighting shall have an average-to-minimum uniformity ratio of 3:1.

Fully shielded decorative lamps housing an incandescent lamp of 160W or less for hanging under portals are permitted for pedestrian use, loading or service illumination. All other lamps (bulbs) and light sources designated for pedestrian use, loading or service illumination shall be recessed into any canopy structure, unless a suitable alternative is submitted to and approved by the Administrator.

So that there is no spillover beyond the building facade, building facades within nonresidential districts may be illuminated with:

Control of the distribution of illumination for outdoor recreation areas, outdoor storage areas or outdoor display of merchandise shall be subject to installation of automatic timing devices to turn off lighting between specified hours.

Any light source permitted by this Section, that complies with height restrictions as specified in the applicable zoning district, may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, auto racetracks, horse racetracks, or show arenas, consistent with the illumination standards specified in Table 7-4, provided that all fixtures used for event lighting shall be fully shielded, or shall be designed or provided with sharp cut-off capability.

Whether stationary or sweeping, laser-source lights and search lights are prohibited for all but emergency purposes.

Flashing, flickering, strobing, moving or otherwise animated lighting shall not be used other than for seasonal holiday lighting.

The installation and use of mercury vapor or low pressure sodium lighting is prohibited.

Street lights are required; [at] an intersection of any road with a highway or arterial; and where necessary to protect the safety of motorists and pedestrians due to the particular characteristics or location of a site.

All street lights shall comply with the following standards:

Payments for the operation and maintenance of street lights within subdivisions, multifamily developments or nonresidential developments shall be the responsibility of the developer or the developer’s designee. The disclosure statement, homeowners’ association or voluntary development agreement shall set forth an acceptable method for paying for operation and maintenance of the street lights.

No permit is required for outdoor lights that are installed at one- and two-family dwellings and that are rated at 1,200 initial lumens or less per lamp, as long as the maximum lumen output per dwelling set by Table 7-4 (5,500 initial lumens) is not exceeded. Floodlights rated less than 1,200 initial lumens are included in this exception;

No permit is required for temporary emergency lighting used by the fire, police, and public works departments or other emergency service agencies.

All night lighting for security surveillance will be minimized. The use of motion-activated lights and alarms will be encouraged as an alternative. All applications for discretionary permits that propose security lighting shall include a security plan which delineates the area/s to be illuminated for security purposes and outlines the need for and purposes of the security lighting. Additionally:

Reserved.

Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and safety, and to prevent glare or direct illumination onto adjacent properties or public ways.

Illumination levels in parking areas shall meet the requirements set forth for each Lighting Zone in Table 7-4.1.

improve pedestrian and motorist safety by minimizing distractions and obstacles to clear views of the road and of directional or warning signs used for traffic safety;

provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention;

protect and enhance economic viability by assuring that Santa Fe County will be a visually pleasant place in which to live or to visit;

protect views of the natural landscape and sky;

allow for expression by signage required by state and federal law; and

protect the community by ensuring emergency vehicles are able to identify and respond to emergency situations by having all structures in Santa Fe County identified with numerical street address markings that are easily identifiable.

through 7.9.9.4. (Reserved)

Signs such as posters, balloons, pennants, banners, or displays constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials and that appear to be intended for a limited period of time. Includes ground mounted signs that extend from the ground, or have a support that places the bottom of the sign less than two (2) feet from the ground. Temporary signs shall be removed five (5) days after the event to which it relates.

A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is loated [located] withing [within] three feet of the window is considered a window sign.

A cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, line, or framing.

Single-Family Residential signs are permitted in accordance with Table 7-5.1 below and the standards of this Section.

Multifamily Residential signs are permitted in accordance with table 7-5.2 below and the standards of this Section.

Permanent Residential Signs shall meet the following standards:

Nonresidential signs are permitted in a Residential Zoning District in accordance with table 7-5.4 below and the standards of this Section.

Nonresidential signs within a Nonresidential Zoning District are permitted in accordance with table 7-5.5 below and the standards of this Section.

Nonresidential signs within a Multi-Tenant center are permitted in accordance with table 7-5.6 below and the standards of this Section.

Permanent Nonresidential Signs shall meet the following standards:

Rooftop signs and signs that extend above the roof of any building.

Signs which contain any flashing, rotating, animated or otherwise moving features. The appearance of electronic or changeable message signs cannot change more frequently than once every minute. Exempted from this provision are electronic signs used specifically for the purpose of enhancing traffic safety during a traffic event, such as roadway construction project, or permitted special event.

Strings of light bulbs used for commercial purposes other than decorations for designated holidays.

Searchlights, beacons or other similar devices, whether stationary or revolving, used for the purpose of advertising or attracting attention to a property.

Signs with any obscene matter.

Off-site advertising.

Oversized signs or billboards.

Clocks and thermometers shall not exceed sixteen (16) square feet in area;

If text and/or copy is present other than that related to the clock or thermometer functions, the area of the clock or thermometer shall not be computed as part of the sign area;

The hands of the clock and the motive mechanism shall not be considered as moving parts;

Illuminated numerals shall not be classified as blinking or flashing lights; and

All clock signs shall keep accurate time and all thermometer signs shall accurately record the temperature. If these conditions are not complied with, the instruments shall be promptly repaired or removed.

The area of the sign face shall be computed as shown in Figure 7.1 by means of drawing the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background. If the sign is a cabinet sign (a sign that contains all the text, artwork, logos and/or other information displayed within an enclosed cabinet), then the sign area shall be determined by the outer edge of the sign frame or cabinet that encompasses all text, decorative artwork, logos, or other information displayed.

Sign area of multi-faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point will be considered in measuring that side of the sign. Figure 7.2 illustrates the following two standards:

For purposes of this Section, the building frontage shall mean the horizontal length of a building on the side with its principal public entrance, measured as the shortest distance between two lines projecting from the two front corners of the building (regardless of concave or convex characteristics of the building), with the lines parallel to each other and as close as practicable to the perpendicular front of the building. Figure 7.3 illustrates this concept:

All nonconforming signs on a property shall be brought into conformance with this Section when:

A nonconforming sign shall not be re-established after damage if the estimated cost of repair exceeds fifty percent (50%) of the appraised replacement cost of the sign.

improve the design of parking facilities to maximize convenient access to homes and businesses with minimal vehicle or pedestrian conflict;

implement construction standards for surfacing materials, design criteria for stall dimensions, approach widths and locations to ensure efficiency, usability and a reasonable life expectancy for parking facilities;

provide a minimum acceptable number of off-road parking spaces in association with any use or building which is to be erected, substantially enlarged or changed from one principal use to another;

facilitate maximum land utilization between business types through encouragement of shared facilities; and

provide fire lanes and access for emergency personnel, and sight distances at all roadway intersections.

When a calculation results in a fractional number, the fraction shall be rounded to the next highest whole number.

Distances shall be measured between nearest off-road parking facility and nearest primary entrance of the building or use to be served.

When two or more uses or separate establishments are located within the same development, off-road parking shall be provided for each use or separate establishment. If one or more uses within a multi-use development are of a size that would otherwise exempt them from compliance with off-road parking requirements, only one such exemption shall be permitted to be taken for the entire development.

Unless otherwise expressly stated, all square footage based off-road parking and loading standards shall be computed on the basis of the net usable square footage of all space used.

For the purpose of computing parking requirements based on the number of employees, students, residents or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated or licensed capacity, whichever is applicable. In hospitals, bassinets shall not be counted as beds.

The layout of the circulation system shall be designed to provide access between parking spaces and roads, and to accommodate vehicular traffic and pedestrians safely and efficiently with a minimum impact on adjacent properties.

The layout of the circulation system shall be adapted to the site, taking into consideration physical factors such as natural elements, grade and drainage, as well as aesthetic factors, such as the visual impact of the road pattern and the highlighting of special site features.

Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building or pedestrian entrance.

All parking spaces reserved for persons with disabilities shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces, as follows:

All accessible parking spaces and associated access aisles shall be paved or of other hard surface, even if the remainder of the parking lot is unpaved.

Required spaces for persons with disabilities shall be identified with signs and pavement markings identifying them as reserved for persons with disabilities. Signs shall be posted directly in front of the parking space at a height of no less than 42 inches and no more than 72 inches above pavement level.

The minimum number of stacking spaces shall be provided pursuant to Table 7-10.

Where stacking is required, it shall conform to the following standards:

All public and private schools, general day care and large-family day care uses, institutional uses, and recreational uses shall provide an on-site area for drop-offs and pick-ups.

Drop-off and pick-up areas for public or private schools shall provide for at least one automobile and one-half of a school bus space for each fifty students, not to exceed eight automobile or bus spaces.

Drop-off and pick-up area for a day care, institutional and recreational use shall provide at least one drop-off/pick-up space and also shall provide a maneuvering area to allow vehicles to drop off and pick up passengers and exit the site without backing.

Drop-off and pick-up areas may be adjacent to a primary driveway access or aisle, but shall be located far enough off the road to prevent back-up onto the road.

Minimum widths for a drop-off and pick-up area that is combined with an access drive are 12 feet for one-way traffic and 24 feet for two-way traffic.

Ensure that the design of roads conforms to the policies of the SGMP;

Provide for the safety for both vehicular and pedestrian traffic;

Provide for livable residential, mixed-use and commercial environments;

Provide for economy of land use, construction, and maintenance; and

Provide safe and efficient access to property.

Tables 7-12 and 7-13 provide road design standards. Urban road standards shall apply to all roads within SDA-1, and to all planned development and mixed-use zoning districts. Rural road standards shall apply to all roads within SDA-2 and SDA-3. Local roads serving a major subdivision, multifamily development or nonresidential use over 10,000 sq ft in SDA-2 and SDA-3 may be required to provide paving, sidewalks or bike lanes for continuity if existing roads have this level of improvement.

The arrangement of roads in any development shall provide for the continuation or appropriate projection of existing or proposed highway or arterial roads in surrounding areas according to the Official Map, and shall provide reasonable means of ingress and egress to surrounding property. Roads within subdivisions shall not be gated unless the road is a dead-end road serving no more than five (5) lots.

Road names or numbers shall not duplicate or be similar to the names or numbers of existing roads; if the proposed road is an extension of an existing road, then the proposed road shall have the name of the existing road. All road names and numbers shall be assigned by the Santa Fe County Rural Addressing Division.

Pavement shall be designed for a 20-year service life, and the design of pavement structures shall conform to the New Mexico Standard Specifications for Road and Bridge Construction. Pavement design documentation shall be prepared and signed by, or shall be under the supervision of, a professional engineer.

If and where Section 7.11 fails to adequately address a road standard or specification, then the Administrator shall refer to the current or currently adopted version of the following manuals or guides, in the following order, until an adequate and appropriate standard or specification is found:

Soil classification and sub-grade conditions shall determine the base course thickness required. A minimum of three (3) inches for local roads and cul-de-sacs in SDA 2 and 3 and a minimum of six (6) inches of base course on other roads per Tables 7-12 and 7-13 shall be required and more than six (6) inches may be required if soil conditions so indicate. In wet or swampy ground, rock or an acceptable alternative to rock as recommended by a licensed soils engineer shall be placed so as to establish a sub-base for placement of base course. Base course shall be watered and rolled to a compaction of not less than ninety-six (96%) percent of maximum density, according to methods specified by the AASHTO, T-180 modified proctor moisture density test.

Base course and sub-base aggregate shall meet the gradation requirements specified in Table 304, Class I, II or III, NMDOT ‘Standard Specifications for Road and Bridge Construction’ and shall have a plasticity index of eight to twelve percent (8%–12%), a copy of which is on file for public inspection in the office of the Code Administrator. Plasticity index does not apply to roads to be constructed for a paved surface.

There shall be a minimum of three percent (3%) crown in the driving surface for water runoff.

Culverts, if used, shall be sized to accommodate a one hundred (100) year storm. Culverts shall also be of sufficient size, gauge, and length, and placed appropriately deep to withstand projected traffic loading and storm runoff.

Curb and gutter shall be required where deemed necessary for drainage control or protection of pedestrians.

Roads shall be laid out to intersect each other as nearly as possible at ninety (90) degree right angles; under no condition shall intersection angles be less than seventy (70) degrees.

Offset intersections less than two hundred (200) feet apart shall not be permitted.

Property lines at road intersections shall be rounded with a minimum radius of twenty-eight (28) feet or a greater radius when necessary to permit the construction of a curb and sidewalk or when otherwise needed.

A tangent of sufficient distance shall be introduced between reverse curves on all roads according to AASHTO standards.

When connecting road centerlines deflect from each other at any point by more than ten degrees, they shall be connected by a curve with a sufficient radius adequate to ensure adequate sight distance according AASHTO standards.

Grades at the approach of intersections shall not exceed five percent (5%) for one hundred (100) linear feet prior to the radius return of the intersection, excluding vertical curve distance.

Curvature in intersection design alignments shall not be less than stopping distances required for the design speed of the road as per AASHTO Standards. The geometry of intersections shall be consistent with the design speed of the road and AASHTO Standards.

Road jogs with centerline offsets of less than two hundred (200) feet shall be prohibited.

A capacity analysis of any proposed roundabout shall be conducted in accordance with Highway Capacity Manual methods. The analysis shall include consideration for the largest motorized vehicle likely to use the intersection.

Roundabouts shall be designed in conformance with the guidelines set forth in the Federal Highway Administration (FHWA) publication “Roundabouts: An Informational Guide.” (Second Edition Report 672, National Cooperative Highway Research Program, 2010), as amended.

No structure or planting (at mature growth) that exceeds three feet in height shall be permitted within a corner setback, except for utility poles, lighting standards, mail boxes, county or state traffic signs, and trees so long as the lower canopy of the tree permits a clear line of sight between three and seven feet above the road grade as shown in Figure 7.5.

Cul-de-sacs (dead-end roads) shall not serve more than thirty (30) lots or thirty (30) dwelling units.

At the closed end there shall be a turnaround having a minimum driving surface radius of at least forty-two (42) feet for roads under 250 feet long and at least fifty (50) feet for roads 250 feet and longer. The Administrator, in consultation with the Fire Marshal, may approve a suitable alternative such as a hammerhead or turnaround.

All turnaround areas shall be designed to protect existing vegetation and steep terrain.

All signs, striping, signals and other traffic safety devices shall be installed and maintained according to MUTCD standards.

Upon acceptance of a road by the County, road and highway name signs shall be installed at all intersections.

A minimum of 1.5-foot-wide operational offset shall be provided between the face of the curb and the edge of potential obstructions such as trees and poles. This allows for the unobstructed opening of car doors.

Parking shall be prohibited within 10 feet of either side of fire hydrants or as per fire code, whichever is more restrictive, at least 20 feet from nearside of mid-block crosswalks without curb extensions, and at least 20 feet from the curb return of intersections (30 feet from signalized intersections).

Where a road, highway or driveway are located on a natural slope of fifteen percent (15%) or greater, or where cut or fill slopes would exceed six (6) vertical feet, the developer shall propose alternative terrain management techniques to limit excessive grading and removal of vegetation. Such alternatives may include, but are not limited to, split road beds, steeper cuts and fills where soils are stable enough to sustain higher cut and fill ratios, terracing with reverse grades for revegetation with trees and shrubs, or rock plating or retaining walls.

Notwithstanding the provisions of Section 7.11.6.1, roads and highways located on a natural slope of fifteen percent or greater shall intersect at a minimum angle of sixty (60) degrees. Notwithstanding the provisions of Section 7.11.6.6, horizontal and vertical curvature shall not exceed ten (10) percent.

Temporary roads or driveways shall not be permitted.

Where a road, highway or driveway is located on a natural slope of fifteen percent (15%) or greater, the Administrator, with approval from the Fire Marshal and subject to the requirements of the Fire Code, may approve road and driveway grades of up to 15% where a lesser grade would require cut or fill slopes in excess of six (6) vertical feet.

Sidewalks are required where required by Tables 7-12 and 7-13, and as indicated in the Official Map.

The minimum sidewalk or walking path width shall be five feet.

Sidewalks or walking paths shall be constructed of four inch (4") thick concrete or other hard surface materials such as permeable materials, brick, asphalt, or unit-pavers.

Sidewalks or walking paths shall not be located on the roadway surface or in a storm drainage.

Any road not accepted for maintenance by the County shall be maintained by the developer or a homeowners’ association (HOA) in accordance with Section 7.23.

The County will not accept a road for maintenance via dedication unless the requirements of Section 7.23 are met.

Electric utility lines that transmit electricity at a voltage less than 46 kilovolts shall be placed underground. Electric utility lines that transmit electricity at a voltage equal to or greater than 46 kilovolts may be placed above ground unless public health and safety requires such lines to be placed underground.

Notwithstanding the previous paragraph, electric utility lines that transmit electricity at a voltage less than 46 kilovolts may be placed above ground to serve infill development in areas already served by an above-ground electric utility line.

Above-ground electric utility lines that transmit electricity at a voltage greater than or equal to 46 kilovolts shall be designed and constructed at the minimum height necessary for the proposed structure to function properly and for public health, safety and welfare, as demonstrated by the applicant. Above-ground electric utility lines that transmit electricity at a voltage less than 46 kilovolts shall not exceed forty feet in height.

All utility installations shall meet the design standards for grading and removal of vegetation and revegetation in Section 7.6.

Shared or joint utility trenching and installation shall be required to the extent practicable.

Areas for the location of multiple utilities within road rights-of-way or easements shall be reserved.

Each development shall provide water and wastewater systems within the development as required by this Section.

Each applicant for a development order shall establish in writing that a proposed service provider (County utility, mutual domestic water association, water and sanitation district, municipal water or wastewater utility, water or wastewater cooperative) is ready, willing, and able to provide service. The applicant shall provide such additional details concerning the proposed service provider and its readiness to provide service as the Administrator may deem appropriate.

Persons desiring to develop property may be required to connect to the County’s water and wastewater utility for water and wastewater service as described in Section 7.13.3, or connect to a public or publicly-regulated water and wastewater system as described in Section 7.13.4, or to self-supply water and wastewater service as described in Section 7.13.5. In addition, provision of water and wastewater services by the County utility or public water and wastewater systems is required as a condition of certain zoning districts.

Connection to the County’s water and wastewater utility is required if specified in Table 7-17.1 and 7-17.2.

If any part of a proposed development is within the distance where connection to a public or publicly-regulated private water or wastewater system is required, then the entire development shall make the connection to the utility when the utility becomes ready, willing and able to supply the development, even if development is phased.

All infrastructure required to connect a development to County water and wastewater shall be provided by the applicant and shall be dedicated to the County in accordance with the ordinances, resolutions and policies applicable to County utility service. The infrastructure shall be designed and constructed to specifications provided by the County’s water and wastewater utility, and shall be inspected by the County prior to acceptance.

If connection to County water and wastewater utility is not required in Table 7-17.1 or the County utility is unable to immediately provide service, but the property in question is located within SDA-1 or within the County utility service area at the time of application, then all necessary facilities to subsequently connect to County water and wastewater service shall be provided. When County water and/or wastewater service, or both, subsequently become available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order, relevant plat, or subdivision disclosure statement, and shall be made a part of the voluntary development agreement.

Concerning the requirements of the previous paragraph, when connection to the County water and wastewater utility subsequently becomes feasible in the written opinion of the Administrator, the development shall immediately make the connection and be served by the County. The infrastructure, interior to and exterior to the development, shall be transferred to the County upon assumption by the County of water and/or wastewater service.

Where the County water and wastewater utility provides written confirmation to the Administrator that water, wastewater service, or both, will not be available to a development within five (5) years, the requirements of subparagraphs 1, 2, and 3, above, shall not apply.

The development order, plats, disclosure statement, and private covenants, as applicable, shall clearly specify that the drilling or use of individual and/or shared wells for domestic use is strictly prohibited on property supplied by the County water utility.

Unless the provisions of Section 7.13.3 apply, connection to public water and wastewater systems or publicly-regulated private systems shall be required if specified in Tables 7-18.1 and 7-18.2.

Water and wastewater systems to which this Section applies are (a) a mutual domestic water association, (b) a water and sanitation district, (c) a municipal water or wastewater utility, (d) a water or wastewater system, public or private, that is regulated by the Public Regulation Commission, or (e) a cooperative.

If connection to a public or publicly-regulated water or wastewater system is not required in Table 7-18, or the public or publicly-regulated water or wastewater system is unable to immediately provide service, but the property is located within SDA-1 or is within the service area of a public or publicly-regulated water or wastewater system, necessary facilities to connect to the public or publicly-regulated water and wastewater system shall be provided. When a public or publicly-regulated water and wastewater system becomes available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order, relevant plat, or subdivision disclosure statement, and shall be made a part of the voluntary development agreement.[3]

Where a public or publicly-regulated water or wastewater system provides written confirmation to the Administrator that water, wastewater service, or both, is not presently available or will not be available within five (5) years, the requirements of subparagraphs 1, 2 and 3, above, shall not apply.

If any part of a development is within the distance where connection to a public or publicly-regulated private water or wastewater system is required, then the entire development shall make the connection to the utility when the utility becomes ready, willing and able to supply the development, even if development is phased.

The development order, plats, disclosure statement and private covenants, as applicable, shall clearly specify that the drilling or use of individual and/or shared wells for domestic use is strictly prohibited on property supplied by a public or publicly-regulated water utility.

Unless the provisions of Sections 7.13.3 or 7.13.4 apply, water and wastewater systems shall be self-supplied by the applicant.

Self-supplied water and wastewater systems are subject to all the requirements in Sections 7.13.6 and 7.13.7 below.

If water and wastewater service is to be self-supplied, all the costs of providing water and wastewater infrastructure and water and wastewater service shall be borne by the applicant, although the applicant may make appropriate arrangements to delegate the operational expenses of water and wastewater to a homeowners’ association or appropriate entity. Infrastructure associated with a self-supplied system shall be private infrastructure and the County shall have no responsibility therefor; similarly, the obligation to operate and maintain a self-supplied system and the obligation to serve residents shall remain a private obligation and the County shall have no responsibility therefor.

If connection to the County, a public or publicly-regulated water or wastewater system is not required in Tables 7-17.1, 7-17.2, 7-18.1 or 7-18.2 but the property is located within SDA-1 or is within the service area of the County, public or publicly-regulated water or wastewater system, then all necessary facilities to subsequently connect to County, public or publicly-regulated water and wastewater, shall be provided. When County, public or publicly-regulated water and wastewater becomes available to such a development, the development shall be required to connect; that requirement will be clearly specified in the development order and relevant plat, and shall be made a part of the voluntary development agreement.[6] If the County, public or publicly regulated water or wastewater system provides written confirmation to the Administrator that water or wastewater service will not be available for a period of five (5) years, then the requirements of the foregoing shall not apply.

Each development shall be required to provide water in adequate quantity and quality to meet the needs of a proposed development for ninety-nine (99) years. Regardless of the source of water supply, for planning purposes, the minimum required water supply assumed to be required for development of any type shall be 0.25 acre-feet per residential dwelling per annum notwithstanding that the owner or developer claims that less water is to be used. The Administrator may reduce this planning assumption to the actual amount of water expected to be used given the type of construction and use contemplated upon a showing from the applicant that a lesser planning figure is reasonable. Annual water use limitations are established in Section 7.13.11 (“Water Conservation”) of the SLDC, and shall also apply.

The Water Service Availability Report (WSAR) required by Chapter 6 shall provide details on the source of water, including whether the source of water will be the County, public or publicly-regulated water system, and shall discuss in detail any required water supply infrastructure to be provided (its cost, details of the design and construction, construction schedule, financing of design, construction cost, and operational cost including capital replacement), and shall discuss in detail whether the proposed system is capable of meeting the water requirements of the development as required by the SLDC.

A hydrologic report,[7] if required, shall demonstrate that groundwater sufficient to meet the maximum annual water requirements of the development is physically available and can be practically recovered to sustain the development for a continuous period of 99 years as the case may be.[8] The contents of the report shall be consistent with well-established engineering and geological practice, and shall be certified by those professionals contributing to the study and conclusions.

The hydrologic report shall take into account the production from existing wells in making conclusions about the ability of a particular well or wells to provide adequate water for the development for 99 years as the case may be. (See footnote 7 [6].)

The hydrologic report shall be predicated upon actual testing results from wells within the proposed development. Test requirements for wells are set forth in Table 7-20. If no well is present at the proposed development, an exploratory well shall be drilled. If more than one well will be used to provide water to the proposed development, the Administrator shall determine the number of test wells and their locations to adequately characterize the aquifer in accordance with the requirements listed herein.

Hydrologic reports shall provide detailed data and information concerning each pumping test as set forth in Table 7-20.

The hydrologic report may rely upon previously developed geo-hydrologic reports with appropriate pumping test on wells within one (1) mile in lieu of drilling a new well or wells so long as the geo-hydrologic report that is relied upon adequately characterizes the aquifer beneath the proposed development as specified herein and establishes that the hydrogeologic conditions are comparable. Notwithstanding the foregoing, no more than one (1) test well per up to ten (10) dwelling units shall be required where cluster or shared wells are to be used, provided that the entire development is served by the same geologic formation.

The hydrologic report shall provide a schedule of effects over the applicable time period from each proposed well; the schedule of effects shall include effects on the aquifer from existing wells and shall consider the effects of drought. The hydrologic report shall analyze the effect of pumping of existing wells. Predicted draw-down of each well shall be calculated in a conservative manner.

The hydrologic report shall calculate the lowest practical pumping water level in the proposed well or wells so long as there is no presumption made as to additional available water below the bottom of the proposed well or wells, and the total available drawdown shall be reduced by a factor of twenty percent (20%) as a margin of safety to account for seasonal fluctuations, drought, reduction of well efficiency over time, and peak production requirements. The lowest practical pumping water level may be established by any one of the following methods:

The hydrologic report shall present all pertinent information. All sources of information used in the report shall be identified; basic data collected during preparation of the report shall be provided if available.

The hydrologic report shall contain all of the following information, in the following order:

If a pumping test has been submitted to the OSE to support an application to change the place or purpose of use of water rights from agricultural to domestic or subdivision use and OSE accepts the pumping test, then the pumping test can be utilized for the purposes of this Section if it complies with Table 7-20.

All water systems provided in connection with a development shall provide water of an acceptable quality for human consumption that meets or exceeds water quality standards established pursuant to the Safe Drinking Water Act, the New Mexico Water Quality Act, and regulations promulgated by the NMED and the Water Quality Control Commission.

Any “public water system” as defined in regulations of the New Mexico Environmental Improvement Board (20.7.10.7 NMAC) shall meet or exceed the requirements and standards of 20.7.10.1 NMAC et seq., and the Environmental Improvement Act, NMSA 1978, § 74-1-1 et seq. and the regulations of the New Mexico Environment Improvement Board.

Any “public water system” as defined in regulations of the New Mexico Environmental Improvement Board (20.7.10.7 NMAC) shall, as applicable, obtain written permission to commence or continue operations from the New Mexico Environment Department.

A written water quality test that confirms that the water system meets or exceeds the standards described in this Section shall be provided; if a reconnaissance report is provided in lieu of a hydrologic report, a test may be provided from a well within one (1) mile of the proposed well, but shall be confirmed with the test of the actual well following completion.

Except as otherwise provided in specific subsections below, this Section is applicable to all property within the County, regardless of when the lot was created.

Except as otherwise provided in specific subsections below, this Section is applicable to all property within the County, regardless of when the lot was created.

Notwithstanding the issuance of a permit by the New Mexico Office of the State Engineer, no person shall drill a new statutory domestic well within the service area of the County water utility except in accordance with a County domestic well permit issued by the Administrator.

The Administrator shall not issue a permit to drill a new statutory domestic well if connection to the County water utility is required under Section 7.13 and applicable law.

No permit shall be required under this Section to drill a new well for the purpose of supplementing, replacing, or deepening an existing well or creating an alternative point of diversion for an existing water right.

The Administrator shall incorporate the County statutory domestic well permitting process into the development approval process to the extent practicable.

“New statutory domestic well” means a well permitted by the New Mexico Office of the State Engineer under NMSA 1978, Section 72-12-1.1 after the effective date of this Ordinance.

To ensure that newly constructed residential and commercial buildings and structures incorporate cost-effective energy efficiency measures and technologies in order to:

Except accessory buildings, modular homes, and manufactured homes, each new structure or portion thereof to which the 2018 New Mexico Residential Energy Conservation Code applies shall comply with the energy rating index approach, 14.7.6.12(A)(3) NMAC, as such may be amended or recompiled from time to time.

Each new structure or portion thereof to which the 2018 New Mexico Commercial Energy Conservation Code applies shall comply with ANSI/ASHRAE/IESNA 90.1, Section C401.2(1) of the 2018 International Energy Conservation Code, as such may be amended or recompiled from time to time.

Open space use shall be categorized as natural and passive or developed.

Open Space may include land that is unsuitable for development and offers natural resource benefits such as steep slopes in excess of 25%; conservation areas; natural vegetation; drainage way or designated wetlands; ravines; surface water management areas; wildlife habitat and corridors; and geologic features. Out-lots and undevelopable or protected lands should be selected on the basis of enhancing the character of the community, buffering, and providing linkages with other areas of significance such as parks, trails or wildlife habitat.

Development that proposes to remove, demolish, or adversely affect a property listed on the New Mexico Register of Cultural Properties and/or the National Register of Historic Places is not permitted unless the applicant first obtains a beneficial use and value determination pursuant to Section 4.9.8 of the SLDC. Additionally, a copy of an excavation permit issued pursuant to 4.10.14 New Mexico Administrative Code by the State Cultural Properties Review Committee with approvals from the State Archaeologist and the State Historic Preservation Officer is also required for any mechanical excavation of an archaeological site on private land.

Development that affects in any way a Registered Cultural Property (including any removal or demolishing pursuant to the previous paragraph) is not permitted unless the applicant first submits a report concerning the proposed development for review of the Historic Preservation Office, Historic Preservation Officer. The report shall describe in detail the proposed changes to the Registered Cultural Property in accordance with NMSA 1978, §18-6-8.1 and Section 4.10.7 NMCA. Such a report shall be prepared by a professional qualified under Section 7.16.8 of this Section. The report shall include a complete treatment plan for the Registered Cultural Property, shall contain at least as much information as is listed in Section 4.10.16.14 New Mexico Administrative Code (“Preliminary Reports”) and shall meet the requirements of Section 4.10.7 New Mexico Administrative Code imposing general standards. The treatment plan shall be reviewed by the New Mexico State Historic Preservation Office, Historic Preservation Officer and conditions on the development proposed by the State Historic Preservation Officer may, as appropriate, be incorporated into the development permit.

Any development affecting in any way a Registered Cultural Property requires a conditional use permit.

On March 19, 2004, Congress enacted Public Law 108-208 as the Galisteo Basin Archaeological Sites Protection Act (“the Act”), Section 2 of which stated that its purpose was “to provide for the preservation, protection, and interpretation of the nationally significant archeological resources in the Galisteo Basin in New Mexico.” The Act found the Galisteo Basin to be “the location of many well preserved prehistoric and historic archeological resources of Native American and Spanish colonial cultures.” Further, that “these resources included the largest ruins of Pueblo Indian settlement in the United States, spectacular examples of Native American rock art, and ruins of Spanish colonial settlements ... (all of which) are being threatened by natural causes, urban development, vandalism, and uncontrolled excavations.”

The Act designated some 24 specific sites, comprising 4,591 total acres, as constituting the Galisteo Basin Archaeological Protection Sites. The 24 designated sites are subject to change. The current sites consist of: Arroyo Hondo Pueblo, Burn Corn Pueblo, Chamisa Locita Pueblo, Comanche Gap Petroglyphs, Espinoso Ridge Site, La Cienega Pueblo & Petroglyphs, La Cienega Pithouse Village, La Cieneguilla Petroglyphs/Camino Real Site, La Cieneguilla Pueblo, Lamy Pueblo, Lamy Junction Site, Las Huertas, Pa’ako Pueblo, Petroglyph Hill, Pueblo Blanco, Pueblo Colorado, Pueblo Galisteo/Las Madres, Pueblo Largo, Pueblo She, Rote Chert Quarry, San Cristobal Pueblo, San Lazaro Pueblo, San Marcos Pueblo, and Upper Arroyo Hondo Pueblo. Section 3 of the Act permits any private property owner included within the boundary of the designated site upon written request to the Secretary of the Interior, to have their property immediately removed from within that boundary. Section 4 of the Act prohibits additions to or deletions from the listed sites except by an act of Congress.

Section 2 of the Act protects the archeological protection sites by restricting activity on any Federal lands within the sites including but not limited to disposal of lands, mining activity and mineral/geothermal leasing. The Act authorizes the Secretary of the Interior to enter into cooperative agreements with owners of non-Federal lands as to an archaeological protection site located on their property. Such an agreement would enable the Secretary to assist with the protection, preservation, maintenance, and administration of the archaeological resources and associated lands. Section 5 of the Act prohibits the Secretary from administering archaeological protection sites which are on non-Federal lands unless the landowner consents in a cooperative agreement.

The Act specifically prohibits the regulation of privately owned lands located within archeological protection sites and permits the Department of Interior to only acquire lands or interests within the protected sites with the consent of the owner. Similarly, Section 18-6-10 of the Cultural Properties Act deems it “an act of trespass and a misdemeanor for any person to remove, injure or destroy registered cultural properties situated on private lands or controlled by a private owner without the owner’s prior permission.” Also, under the state law, if a cultural property is on private land and the State Cultural Properties Review Committee determines that cultural property to be worthy of preservation and inclusion on the official register of cultural property, “the Committee may recommend the procedure best calculated to ensure preservation.” The procedures include providing technical assistance to the owner to preserve the cultural property, acquiring the property outright or acquiring an easement, advising the County to consider zoning the property as an historic area/district under the Historic District Act, advising the County of the tools available to obtain control of the cultural property under the Historic District Act, and acquiring the property for the State by use of eminent domain.

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 5.0 acres or more within an area of “high” potential, or 2.0 acres within a traditional community and any application for small-scale sand and gravel extraction, or a DCI in a “high” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources and shall preserve, mitigate, or treat the archeological resources as specified herein before a development permit is issued.

The investigation referred to in the previous paragraph shall include documentary research through the Archeological Records Management Section (ARMS) of the State of New Mexico, Historic Preservation Division, records maintained by the Federal Bureau of Land Management, and any other known documentary sources (such as those held by the University of New Mexico), to determine whether known archeological resources exist at the site.

The investigation referred to in the previous paragraphs shall have as its goal to determine in a definitive manner whether known archeological resources exist. If known archeological resources exist on the site, they shall be confirmed through direct field investigation conducted by a qualified professional under Section 7.16.8.

If, as a result of the documentary investigation and any follow-up field investigation, archeological resources are verified to exist on the property, a treatment and mitigation plan shall be developed whose primary goal is preservation of the archeological resources. If preservation is not practicable, then a treatment and mitigation plan shall be prepared and incorporated into the report as described in the following paragraphs.

Notwithstanding the foregoing, a pedestrian survey of the property proposed for development to which this Section applies shall be conducted by a qualified professional under Section 7.16.8 for all properties to which this Section applies. The pedestrian survey shall be consistent with the requirements for such surveys set forth in 4.10.15 NMAC (“Standards for Survey”). If the qualified professional determines that archeological resources may be present, shovel tests or other subsurface testing shall be performed.

The investigation referred to in the previous paragraphs shall culminate in the preparation of a detailed report concerning the investigation which shall, at a minimum, contain all of the following. The report shall be forwarded to SHPO for review and comment:

If the report referred in the previous paragraph proposes a treatment plan, the treatment plan shall be carried out as a condition precedent to obtaining a development permit. The treatment of the archeological resources shall continue until no archeological resources are encountered. As an alternative to carrying out a treatment plan prior to issuance of a development permit, the Administrator may accept financial assurance for the completion of the treatment plan and issue a development permit conditioned upon completion of the treatment plan.

If archeological resources are found, the resources shall be tested and analyzed during the field investigation, and quantitative and qualitative summaries of the archeological remains shall be provided in the report.

Archeological resources which are identified as significant as a result of the investigation shall be avoided and permanently protected by a non-disturbance easement, or mitigated and treated. The property on which archeological resources are located may be voluntarily transferred or sold to a federal, State or County government for further protection as an alternative to protection by a non-disturbance easement.

For those resources determined to be significant under the previous paragraph and for which a treatment plan is recommended, a sample of surface artifacts shall be collected and documented, and if there is any reason to believe that subsurface resources exist, excavations shall be conducted according to the most current standards of the Historic Preservation Officer set forth in Section 4.10.16 NMAC (“Standards for Excavation and Test Excavation”).

In consultation with the State Historic Preservation Officer, the Administrator may determine that an investigation is not required for areas where cultural resources have been destroyed by previous development.

The total cost of treatment shall not exceed ten percent (10%) of the total cost of development of the applied-for development, including all future phases. If future phases are not planned sufficiently to determine total development costs, then development of future phases consistent with the applied-for development shall be assumed. Where the cost of treatment exceeds ten percent of development costs, treatment shall be completed up to the ten percent limit. If treatment is incomplete, the applicant shall contact the County’s Open Space and Trails Staff for additional funds, if available, to complete the treatment. Only if such requests are denied may the treatment plan be terminated and a development permit issued.

If an applicant does not agree with the findings and a proposed treatment plan, the applicant may consult with another qualified professional to review the findings and treatment plan and render a second opinion. If, after the second opinion, the applicant still does not agree, the applicant may request an opinion from the State of New Mexico, State Historic Preservation Officer. The opinion of the State Historic Officer shall be final.

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 10.0 acres or more and any application for small-scale sand and gravel extraction, or a DCI, within an area of “medium” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources, and shall preserve, mitigate, or treat the archeological resources as specified herein before making application for a development permit.

The investigation, treatment and mitigation required in the previous paragraph shall encompass all the items described in Sections 7.16.5.2 through 7.16.5.13.

Any proposed development of a (i) nonresidential use, (ii) a multifamily use, or (iii) any division or subdivision of land encompassing 40.0 acres or more and any application for small-scale sand and gravel extraction, or a DCI, within an area of “low” potential for discovery of archeological resources on Map 7-1 [Appendix D], shall first investigate the property for archeological resources, and shall preserve, mitigate, or treat the archeological resources as specified herein before making application for a development permit.

The investigation, treatment and mitigation required in the previous paragraph shall encompass all the items described in Sections 7.16.5.2 through 7.16.5.13.

Protect water quality and the natural character of the land;

Minimize soil and slope instability, erosion, sedimentation and stormwater runoff;

Protect and retain rugged and steep terrain, natural landmarks and prominent natural features as open space;

Adapt development to the existing natural topography, soils, vegetation, geology, hydrology, landforms and other conditions existing on a lot or parcel prior to development by:

Preserve natural drainage patterns and recharge groundwater [and] protect the public from the natural hazards of flooding, erosion and landslides;

Encourage minimum disturbance to the natural areas of a site by;

Appropriately locate roads, driveways and utilities so as to minimize unsightly cut and fill areas, and scarring; and

Provide passive irrigation of landscaped areas.

Development shall occur only within the area designated for building on the plat or site development plan. If there is no buildable area designated on the plat or site development plan, then the Administrator shall designate a buildable area upon request.

A buildable area shall not be less than 2,000 square feet and shall include all required working areas around the structure, this does not apply to high density PD or MU areas.

The Administrator may approve an alternative buildable area upon proof of compliance with the requirements of this SLDC.

Rock outcropping, wetlands, riparian areas, arroyos and natural drainage ways;

Setbacks from ridgetops and ridges, natural streams and drainage ways;

Areas with natural slopes of thirty (30) percent or greater; and

Access and other easement in which development is prohibited.

Subdivision, multifamily, nonresidential and single-family residential development shall comply with the following standards:

Prior to engaging in any grading, clearing or grubbing, a development permit shall be obtained. A development permit is not required to maintain a driveway or road; provided, however, that any major change in the driveway or road or a capital improvement to a road or driveway, shall require a development permit.

Grading and clearing of existing native vegetation shall be limited to approved Buildable Areas, road or driveways, drainage facilities, liquid waste systems, and utility corridors.

Topsoil from graded areas shall be stockpiled for use in revegetation.

The boundaries of the development area shall be clearly marked on the site with limits of disturbance (LOD) fencing or construction barriers prior to any grading or clearing.

No grading is permitted within one foot of a property line, except for roads[,] driveways and utilities.

Temporary fencing shall be installed to protect natural vegetation.

Retaining walls shall not exceed ten (10) feet in height.

Disturbed areas not stabilized by landscaping shall be permanently revegetated to approximate the density and species or [of] vegetation at the site prior to grading.

Abrupt angular transitions and linear slopes shall be stabilized.

All structures except retaining walls or soil stabilization improvements shall be set back from the crest of fills or the base of cuts for a minimum distance equal to the depth of the fill or the height of the cut, unless a structurally sound retaining wall is built for the cut or fill slope. Retaining walls may be part of a building.

This Section applies to development of any structure on a slope whose grade exceeds fifteen percent (15%), areas where slope exceeds thirty percent (30%) and to a ridge, ridgetop, ridgeline or shoulder.

Each lot or parcel shall be analyzed for buildable areas which must satisfy each of the following criteria that:

Each proposed development site within a buildable area shall be subject to a visual impact analysis that will indicate whether such structures will be visible from a major arterial road. Such visual impact analysis shall include:

Setbacks shall be no less than one hundred feet (100') from a ridge, ridgetop, ridgeline or shoulder unless it can be demonstrated to the Administrator, after a field inspection, that structures built within the default minimum setback would be non-visible or less visible from applicable public rights-of-way than structures built outside the default minimum setback.

protect human life and health;

minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

minimize damage to critical facilities, infrastructure and public facilities such as water and sewer mains, electric and communications facilities, and roads and bridges located in floodplains;

minimize prolonged business interruptions;

restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

regulate the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

regulate filling, grading, dredging and other development that may increase flood damage;

restrict alteration or substantial improvements to existing structures located within the floodplain;

prevent increases in flood heights that could increase flood damage;

ensure that potential purchasers are informed that property is located in a flood hazard area; and