A.

Title. This chapter shall be known as "The Subdivision Regulations of the City of Tucumcari," and is referred to elsewhere herein as "these regulations" or "Subdivision Ordinance."

B.

Authority. These regulations are passed, adopted and approved by the governing body of the city of Tucumcari by Ordinance No. 1052 at an open meeting held on October 11, 2007 as authorized by NMSA 1978 Sections 3-19-1 to 3-19-12 and 3-20-1 to 3-20-16. These regulations implement the planning and platting authority provided by New Mexico statute and the Tucumcari City Ordinance No. 1052.

C.

Jurisdiction. These regulations are designed to accomplish the procedures for the processing, consideration and filing of plats lying within the corporate boundaries of the city and within a radius of three miles from the city corporate boundaries pursuant to NMSA 1978 Sections 3-19-5 and 3-20-5. No subdivision of any land shall hereinafter be effected within the city area of jurisdiction except in accordance with the provisions of these regulations.

D.

Purpose. These regulations are to create orderly, harmonious and economically sound development of land in order to promote the general health, safety, convenience and welfare of citizens of the city and its area of jurisdiction. More specifically, provisions of these regulations are designed to achieve adequate provision for light and air, public open spaces, water supply, drainage, sanitation including sewer facilities; economy in governmental expenditures and efficiency in governmental operations; safe convenient circulation of people, goods and vehicles; accurate and complete surveying and preparation and recording of plats thereof; safety and suitability of land for contemplated development; and coordination of land development in accordance with orderly physical patterns as stated in official plans, policies and ordinances and codes in furtherance of plans and policies as may have been and may be hereafter adopted by the city.

E.

Interpretation. These regulations are held to be minimum requirements to carry out the purpose stated herein and are not intended to interfere with any other laws, covenants or ordinances. Whenever any of the provisions of these regulations are more or less restrictive than other laws, covenants or ordinances, then whichever is more restrictive shall govern.

(Ord. 1052 (part), 2007)

A.

Procedure Guidance.

1.

Every person who desires to subdivide land into two or more lots shall furnish a plat of the proposed subdivision prepared by a surveyor registered and licensed by the state and shall comply with the requirements of these regulations. Upon request, the director shall furnish the subdivider with basic information on the requirements.

2.

Any proposed subdivision, re-plat, or vacation of plat occurring within the city limits shall conform to the requirements of these regulations and shall be submitted for review and approval by the city prior to filing with the county clerk, before beginning improvement activities, or negotiating sale or lease of any lot within the proposed subdivision.

3.

Any proposed subdivision, re-plat, or vacation of plat occurring outside the corporate limits but within the three mile planning and platting jurisdiction of the city shall conform to the requirements of these regulations and, as supplemented by the provisions of the Quay County land subdivision regulations, and shall be submitted for concurrent review and approval by the city and the board of county commissioners prior to filing with the Quay County clerk, before beginning improvement activities, or negotiating sale or lease of any lot within the proposed subdivision.

4.

The following matters shall be addressed on all applications for subdivision:

a.

Geographic Suitability.

i.

All subdivisions should be consistent with any officially adopted plan of the city, or with a proposed amendment to such plan that is being concurrently processed.

ii.

The availability of adequate access, utilities, and municipal services provided in accordance with NMSA 1978 Chapter 3 shall all be weighed in considering the subdividing of land.

iii.

Land with the following types of problems shall have subdivision approval withheld until it is demonstrated that the hazards have been or will be mitigated:

(A)

Special drainage conditions;

(B)

Difficult topography;

(C)

Soil conditions which are unusually limiting; and

(D)

Other geographic hazards to life, health or property.

b.

Grading.

i.

No subdivider shall proceed with any grading specifically related to a proposed subdivision before conditional approval has been given for the preliminary plat. The grading shall be consistent with the recommendations of an approved drainage plan, if any have been required pursuant to these regulations.

ii.

The subdivider shall preserve major trees, scenic points, historic places and other community landmarks wherever feasible, and as may be required by the city.

c.

Area Plan.

i.

If the subdivider owns or controls land contiguous to the land to be subdivided, the city may require the subdivider to submit an area plan for the total area to be approved or approved in modified form by the city prior to approval of the preliminary plat. Any plat submitted shall be a reasonable planning unit in relation to the approved area plan. The proposed area plan shall show proposed use type and densities as well as proposed arterial, collector and local street alignments.

ii.

If the city finds that the area plan will significantly alter the provisions of any officially adopted plans of the city, the city shall approve, approve in modified form, or reject the area plan.

iii.

All proposed street alignments shown in the area plan or any preliminary plat related thereto shall extend, complement or otherwise conform to existing municipal streets and to officially designated proposed street alignments. Likewise, all proposed sewer, water and drainage lines shall be made to extend, complement and conform to existing and proposed lines.

B.

Sketch Plat.

1.

Submittal. Prior to filing of an application for a preliminary plat, the subdivider shall submit to the planning department a sketch plan and data as required by Section 17.01.090(A)(4) of this title. This step does not require formal application for or filing of a plat with the planning department; however, a fee may be required for processing of the request.

2.

Advice. The sketch plat process affords the subdivider the opportunity to seek the advice and assistance of the planning department early and informally before preparation of the preliminary plat and before and application is formally submitted. The planning department will analyze the development, and plan for its sound integration with the community, and may give informal guidance to the developer, thus saving unnecessary expense and delay to the subdivider. The planning department shall not assume any liability for possible lack of understanding on the part of the subdivider.

C.

Preliminary Plat.

1.

Application. After sketch plat review, the subdivider shall submit to the city a written application on prescribed forms, together with ten (10) copies of the preliminary plat, improvement plans and other supplementary material as specified herein.

2.

Plans and Data. The subdivider shall submit ten (10) copies of the preliminary plat to the city. The preliminary plat shall include all land owned or controlled by the subdivider, which is or may be suitable for or susceptible to subdivision or development, and adjoins the land proposed to be subdivided. The preliminary plat shall be drawn to a scale of one inch to one hundred (100) feet for the purpose of showing all details clearly. An adequate number of sheets shall be used to show the proposed subdivision in its entirety. Where more than one sheet is required, each sheet shall be numbered in relation to the total number of sheets involved, and each sheet shall have a small key map showing its relationship to the whole.

a.

The preliminary plat shall contain the following information:

i.

Name of proposed subdivision, name and address of subdivider, agent and principal person preparing the preliminary plat;

ii.

Scale and north arrow;

iii.

Proposed bench mark locations, proposed location of and method of tie to permanent survey monuments, and proposed location and type of subdivision control monuments found or set;

iv.

Plat boundary lines, bearing in degrees, minutes and seconds, with basis for bearings noted or shown, distances in feet and hundredths;

v.

Existing conditions of the site and its environs including the following:

(A)

Present site designation or subdivision name;

(B)

Easements on site: location, width and purpose;

(C)

Public rights-of-way on and within one hundred fifty (150) feet of the site; name, width, type and dimensions of paving;

(D)

Utilities on and adjacent to the site, location and, if obtainable, size of water wells, water reservoirs, water lines, sanitary and storm sewers, location of gas lines, fire hydrants, electric and telephone lines and poles and street lights; (If water mains and sewers are not on or adjacent to the tract, indication of the direction, distance to and size of nearest ones showing invert elevation of sewer.)

(E)

Ground elevation on the site based on mean sea level datum as established by the U.S. Coast and Geodetic Survey:

(1)

For land that slopes less than one percent, contour lines at intervals of not more than one foot,

(2)

For land that slopes between one percent to five percent, contour lines at intervals of not more than two feet, and

(3)

For land that slopes more than five percent, contour lines at intervals of not more than five feet;

(F)

Existing storm drainage facilities on and adjacent to the site;

(G)

Other significant conditions on the site; major rock outcrops, trees, structures, and the like;

(H)

Conditions on adjacent land significantly affecting design of the subdivision; approximate direction and gradients of ground slope; character and location of development;

(I)

Zoning on and adjacent to the site; and

(J)

Total area of the proposed plat to the nearest one-tenth acre.

(K)

Locations of soil percolation tests in areas where on-site waste water systems are to be used.

vi.

Location map showing location of the site in relation to well known landmarks, abutting property owners and municipal boundaries drawn at one inch equals two thousand (2,000) feet;

vii.

Proposed lot lines and public right-of-way and street widths; indicate roadways intended to be private; locations of planned water wells, reservoirs, and pump stations; locations, dimensions and purpose of all easements, public or private; rights-of-way for public services or utilities, and any limitations thereof;

viii.

Number or letter to identify each proposed lot and block;

ix.

Locations, dimensions, approximate areas and purposes of lots proposed to be dedicated for public uses;

x.

Sites and approximate area for any multifamily dwellings or nonresidential use; and

xi.

Proposed changes to ground elevations, to standards specified herein.

b.

Storm Drainage Management. For the purpose of minimizing or eliminating damage resulting from storm water runoff, the subdivider shall be required to furnish a plan for storm drainage management if the subdivision lies within a designated flood hazard area. Preparation of the drainage plan shall be done by a registered professional engineer and shall include the following information:

i.

Location of proposed lots, streets, bridges, water and erosion control structures, and utility easements in relation to the existing contours. These shall also be shown in relation to the finished contours proposed to be implemented in development of the subdivision.

ii.

Storm drainage computations showing the estimated runoff from the subdivision prior to and following completion of development.

iii.

Storm drainage computations on the surrounding areas contributing runoff that may affect the subdivision or may be affected by the subdivision.

iv.

All appropriate design details necessary to clearly explain the construction of all water control structures, utility installations and buildings as they shall be made flood proof to the extent necessary.

v.

Conformity to the regulations, procedures, and standards as may be prescribed by local, state or federal laws.

c.

Soils Analysis. The subdivider shall provide a preliminary soils analysis by a qualified soil scientist to determine the adequacy of the soil for the proposed construction, including soil percolation tests where on-site waste water disposal is proposed.

d.

Water Supply. The subdivider shall provide evidence prepared by a qualified engineer or engineering geologist that a fifty (50) year supply of potable water supplies is available to the proposed subdivision.

e.

Special Problems Analysis. For land with difficult topography or other geographic hazards to life, health or property, a report and proposed solution shall be prepared satisfactory to the planning commission.

f.

Schedule of Development. The subdivider shall provide an estimated schedule of lot development. In particular, the schedule shall indicate when street paving, water service and sewer service will be provided.

3.

Review. The director shall send the completed application to appropriate state and local agencies, utilities providers, and city departments for review and comment. The director shall give the agencies twenty-one (21) days to review and comment on the application. After the review period, the director may require additional information based on the comments received and review of the application.

4.

Annexation and/or Rezoning. If annexation and/or rezoning is proposed or required to accomplish the development envisioned in connection with the plat, the city shall withhold conditional approval of the preliminary plat until such time as annexation and/or rezoning shall be officially adopted by the governing body. The planning commission shall submit a written report containing its recommendation to the governing body prior to the public hearing on the annexation or rezoning.

5.

Process and Decision.

a.

Following the twenty-one (21) day review period of the preliminary plat and review of any supplemental materials that were required, the director shall advertise the project for a public hearing in accordance with these regulations after the twenty-one (21) day review period or after any additional required information is provided, whichever is later.

b.

The director shall notify all property owners within one hundred (100) feet of the property of the application a minimum of twenty (20) days prior to the hearing.

c.

The decisionmaking authority at a public hearing shall review the application for consistency with the unified development code, zoning ordinance, and other applicable plans and ordinances. The decisionmaking body shall consider the staff report, public testimony, and neighborhood compatibility and appropriateness of the preliminary plat in making their decision as supported by the evidence.

d.

The following findings shall be made for approval of a preliminary plat:

i.

The preliminary plat is consistent with the unified development code, zoning ordinance, and all other applicable plans and regulations; and

ii.

The preliminary plat is compatible in design with existing uses, development, and infrastructure, and plans for infrastructure, grading, and drainage; and

iii.

Approval of the preliminary plat will not be materially detrimental to the health, safety, or welfare of surrounding property owners, the city of Tucumcari, or the general public.

e.

Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat.

6.

Public Hearing. No plat shall be acted upon without a public hearing noticed in accordance with Chapter 17.01 of this title.

7.

Longevity. Approval of a preliminary plat is effective for one year unless extended by the planning commission.

D.

Final Plat.

1.

Submission. Application for approval of the final plat shall be submitted on prescribed forms to the city. The final plat and other required exhibits shall be submitted to the city within twelve (12) months following approval of the preliminary plat; otherwise, the approval shall become null and void unless an extension of time has been granted. The final plat shall conform substantially to the preliminary plat as approved.

2.

Plans and Data. The following plans and data shall be submitted for review of a final plat.

a.

Final Plat. The subdivider shall submit the original and two copies of the final plat to the city for approval in accordance with the following provisions.

b.

Size, Scale, Material. The final plat shall be drawn, scribed or photo-reproduced in black ink on tracing cloth or stable-base polyester material, on sheets no larger than twenty-four (24) by thirty-six (36) inches, and shall be at a scale of one inch to two hundred (200) feet. Enough sheets shall be used to show the subdivision in its entirety, with each sheet numbered in relation to the total number of sheets involved, and each shall have a small key map showing its relationship to the whole.

c.

Information. The final plat shall contain the following information:

i.

Name of subdivision;

ii.

Title, scale, north arrow and date of survey;

iii.

Location and description of all monuments found or set within the plat area, and all these referred to, including bench marks with elevation shown and property corners;

iv.

Plat boundary lines; bearing in degrees, minutes and seconds, with basis for bearings noted or shown; distances in feet and hundredths or other functional reference system; both the record and measured bearings and distances;

v.

Reference the plat to the state plane coordinate system; total acreage of subdivision to four decimal places;

vi.

Lot lines, and right-of-way lines, existing and proposed; lines to be eliminated shown as dashed lines; names of streets, right-of-way widths, and centerline data and all streets and alleys, including private streets and alleys; the length, central angle and radius of all curves;

vii.

Location, dimensions and purpose of all easements, existing or proposed, and any limitations thereof;

viii.

Number or letter to identify each lot and block;

ix.

Location, dimensions, areas and purposes of lots proposed to be dedicated or reserved for the public;

x.

Reference to recorded subdivision plats of adjoining platted land by recorded name, date, book and page number in the office of the county clerk;

xi.

Mileage of streets created:

(A)

Total,

(B)

Full-width streets, and

(C)

Half-width streets;

xii.

Certification by the county treasurer or by a duly qualified abstract company that the previous ten (10) years' property taxes due and payable have been paid in full;

xiii.

Statement that the subdivision is with the free consent and in accordance with the desire of the undersigned owner of the land, acknowledged in a manner required for acknowledgment of deeds;

xiv.

Signed statements by the subdivider dedicating public rights-of-way, any sites for public use, and granting the shown easements for public use;

xv.

Certification and seal by a registered land surveyor, in accordance with the laws of the state, certifying the accuracy of the survey and plat, that he or she prepared or supervised preparation of the plat, that he or she has shown all easements of record, and that it meets design standards for surveying;

xvi.

Certification that all monuments are in place; and

xvii.

Other certificates, affidavits, endorsements or dedications as may be required by the city in the enforcement of these regulations.

3.

Review. The city shall review the final plat and other exhibits submitted for conformity to these regulations, and shall insure that the conditions of the preliminary plat as approved have been met.

4.

Decision.

a.

If the final plat is in conformance with the preliminary plat as approved and conforms to these regulations, it shall be approved by the decisionmaking body. Should the final plat be disapproved, the decisionmaking body shall express in writing the reasons for disapproval. The reasons for disapproval shall be referenced and attached to two copies of the final plat. One of the copies shall become a part of the files of the city clerk's office.

b.

Approval or disapproval shall be given within forty-five (45) days of the date of final plat submission, unless the subdivider agrees in writing to a deferral. If the final plat is approved by the decisionmaking body, the approval shall be recorded on the face of the original drawing of the final plat and on two copies thereof and shall be dated and verified by the signature of the chairperson of the planning commission or mayor, depending on which body was the decisionmaking body.

5.

Recording.

a.

The final plat is in full force and effect only after having been duly recorded in the office of the Quay County clerk and copies filed with the city clerk. Approval of the final plat shall become null and void if the plat is not so recorded with six months after the date of approval, unless an extension of time is granted by the city. Submittal for recording is the subdivider's responsibility.

b.

In the case of a replat, the subdivider shall request the Quay County clerk to mark the original plat with the words "replatted" or "partially replatted" and refer on the original plat to the filed location of the replat. The city shall mark the copies of the original plat on file in the offices of the city in a similar manner.

c.

After having filed the original drawing of the final plat with the Quay County clerk, which copy shall be the official copy, the subdivider shall submit to the city two copies of the final plat as recorded and properly stamped by the Quay County clerk, and a digital copy with the following requirements:

i.

Format. The digital copy shall be submitted in a format that is compatible with the city's GIS (geographical information system) and approved by the city development department.

ii.

Storage. The digital copy shall be submitted on a CD Rom. The disk shall be labeled with the recorded plat book and page numbers and subdivision name.

iii.

Projection. The digital copy shall be submitted in accordance with the NAD 1927 or the NAD 1983 State Plane Coordinate System.

iv.

Layering. Layers shall either contain a layer index or shall consist of and be limited to:

(A)

SUBD: legal subdivision boundary (coincident with narrative);

(B)

LOT: lots, outlots, blocks (areas of land ownership);

(C)

RDCL: road center lines (public or private);

(D)

ROAD: platted right-of-way;

(E)

RDEAMT: access easements across lots;

(F)

PUESMT: public utility easements;

(G)

DESMT: drainage easements;

(H)

ATRIBTS: attributes shall consist of and be labeled as:

(1)

Parcel, labeled as Par.,

(2)

Lots shall be lot numbers only,

(3)

Tract, labeled as Tr.,

(4)

Block, labeled as Blk.;

(I)

NOTES: shall consist of notes and legal description and title of plat; and

(J)

SIGBLK: shall consist of the signature blocks on plat.

v.

Geographic Extent. The digital copy shall have contiguous layers of the subdivision and shall not be divided into sheets.

d.

No building permits shall be issued until a copy of the recorded final plat have been placed on file with the city.

6.

Replat. After final approval of any plat, no lot or block shall be further subdivided or the area of any platted lot diminished, and no change shall be made in the platting of any street, alley or easement established by the plat, except upon the filing of a replat, showing the proposed change or changes, with the city and securing its approval in accordance with the procedures herein established. The provisions of this division shall apply to all proposed replats or changes in lot lines, dimensions of lots, streets, alleys and easements in any platted area within the city planning and platting jurisdiction.

7.

Acceptance of Land. Approval of the final plat by the city shall be deemed to constitute acceptance by the city of dedication of public rights-of-way, other proposed public easements, and public areas shown on the plat, provided the final plat is properly recorded with the Quay County clerk and the city clerk.

E.

Summary Procedure.

1.

In accordance with the alternate summary procedures authorized by NMSA Section 3-20-8, the community development director, as administrative officer, may approve a subdivision as a combined preliminary and final plat in any case where no public purpose would be served by separate steps. The summary approval shall be given only when one or both of the following conditions exist:

a.

The subdivision contains no more than two lots, provided, however, that submittal of a series of two lot subdivisions on a tract of land will be considered a subterfuge to defeat the purpose of these regulations and the plats shall not be approved.

b.

Resubdivisions, where the combination or recombination of portions of previously platted lots does not increase the total number of lots.

2.

In all cases, the subdivision plat being considered for approval under this summary procedure shall be prepared according to the standards for plans and data for both preliminary and final plats as contained herein.

3.

The director shall furnish the planning commission with monthly reports documenting those subdivisions approved administratively.

F.

Required Improvements.

1.

Authorization. Receipt of the signed copy of the preliminary plat is authorization for the subdivider to proceed with the minimum improvements required by these regulations. Prior to the construction of any improvements or to the submission of any bond, the subdivider shall furnish the city with all plans and data necessary for the construction of the improvements. These plans shall be examined by the city and will be approved if in accordance with the following requirements. Following the approval, construction can be started or the amount of bond determined.

2.

Installation Assurance. Plans for improvement shall be prepared by an engineer registered in accordance with the laws of the state. The city is to be assured of the installation of these improvements in a satisfactory manner by one or more of the following methods:

a.

Complete installation of the improvements prior to approval of the final plat;

b.

Submission of a satisfactory bond, either a performance bond or a cash bond, or the establishment of an escrow account in an amount and with surety and conditions satisfactory to the city clerk providing for and securing to the city, the actual construction and installation of the improvements and utilities within a period not to exceed one year;

c.

Completion of an approved assessment procedure whereby the city is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision;

d.

Submission of an approved assessment procedure for the paving of streets together with an agreement between the subdivider and the city for a cash payment for other improvements with payment to be made as the work is completed;

e.

The city may authorize a written agreement between the city and the subdivider, which would be recorded at the time of filing of the final plat, which would adequately restrict sales of any lots as to which there had not been completion of the improvements and installation of utilities, and which would establish a ten (10) year time limit; and

f.

The subdivision may be developed in segments whereby the city, at its discretion, may waive the use of a guarantee as required by the section on the initial segments, provided that such segments are not larger than twenty-five (25) lots or fifty (50) percent of the total number of lots in the subdivision, whichever is less. The city shall grant final plat approval for each succeeding segment being contingent upon completion of the minimum improvements required by these regulations in each preceding segment. Completion of improvements in the final segment of the subdivision, which shall include at least twenty-five (25) lots or fifty (50) percent of the total number of lots in the subdivision, whichever is less, must be guaranteed through the use of one of the other methods detailed under this section.

3.

Installation of Improvements. The subdivider may prepare and secure approval of the preliminary plat and then install improvements in the area covered by the preliminary plat. Improvements must be installed only in that part of the area for which a final plat will be submitted for approval and filing. The improvements to be installed shall include the following:

a.

Permanent Markers. All subdivision boundary corners and the four corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be deemed to be concrete with a minimum dimension of four inches, extending three feet below the surface of the ground. Should conditions prohibit the placing of monuments on line, offset marking will be permitted; provided, however, that offset courses and distances are shown on the plat. A permanent bench mark shall be accessibly placed within the subdivision, the elevation of which shall be referred to the U.S.G.S. datum and accurately noted on the subdivision plat.

b.

Street Improvements. All streets shall be graded and the roadway improved by paving under the supervision of the planning director and subject to his or her approval in accordance with the design standards provided herein.

c.

Sidewalks.

i.

Provision. Sidewalks shall be provided by the developer and shall be constructed under the supervision of the planning director and subject to his or her approval in accordance with the design standards of the city.

ii.

Sidewalks shall be required on both sides of all streets in a logical manner to facilitate pedestrian access, except that the requirement for sidewalks in the A-1 zone district may be waived by the decisionmaking body.

d.

Water and Sewer Mains. The subdivider shall make necessary arrangements to serve each lot from water and sewer mains of the central systems serving the city, where feasible and in conformity to governing body policy. Where, for any reason, municipal services cannot be provided, the subdivider shall present evidence that adequate water and sewer service to each lot will be provided in compliance with the requirements of the New Mexico Environmental Improvement Division and in conformity to the standard specifications of the city construction of all water and sewer lines shall be under the supervision and approval of the planning director.

e.

Drainage. Construction of drainage improvements and other means of storm water management shall be under the supervision and approval of the planning director.

f.

Street Lighting.

i.

Street lighting shall be provided by the developer and shall be constructed under the supervision of the planning director and subject to his or her approval in accordance with the design standards provided herein.

ii.

Street lights shall be required at all arterial and collector intersections, park, school and church sites, and any other high pedestrian-oriented land use.

g.

Private Wells. Private wells serving fifteen (15) or more households shall be permitted in accordance with Section 4.207.03.04. All other private domestic wells, in any existing or future subdivision, shall be permitted under the terms of this section.

i.

No private domestic well shall be permitted as the primary water source for any lot within three hundred (300) feet of an adequate water supply belonging to the city or any franchisee of the city.

ii.

No private domestic well shall serve more than three lots.

iii.

The lots shall be contiguous with no intervening highways, streets, roads, alleyways or other rights-of-way for vehicular traffic.

iv.

The owner of the well shall present evidence that adequate water service will be provided in compliance with the requirements of the New Mexico Environment Department and in conformity to the standard specifications of the city construction of all water and sewer lines shall be under the supervision and approval of the city development department.

v.

In the event that a given well serves more than one lot, the owners of each lot shall jointly present the evidence in subsection (F)(3)(g)(iv) of this section and shall further submit an executed agreement, filed with the Quay County clerk, binding each of the owners and their successors in interest to maintaining the well and its pipelines for so long as the well is in operation.

4.

Approvals. Approvals by the planning director of improvement plans for streets, alleys, grading, drainage, water, sewer, street lighting or other improvements within the context of this chapter shall expire by limitation and become null and void if the work or improvements authorized is not commenced within twelve (12) months of the approval. In the event the authorized work or improvement is suspended or abandoned for a period of twelve (12) months after the work or improvement is commenced, the approval shall expire and become null and void. Before the work or improvement is recommenced, resubmittal must be made for approval by the planning director.

G.

Character of Development.

1.

The decisionmaking body shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision, and may agree with the subdivider as to certain minimum restrictions to be placed upon the property:

a.

To prevent the construction of substandard buildings; and

b.

To control the type and use of structures and the use of lots which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property.

2.

The decisionmaking body shall have power to agree with the subdivider upon the use, height, area or bulk restrictions governing building and premises, providing that, in the case of subdivisions beyond the corporate limits, the decisionmaking body may require the subdivider to conform to the land use plans adopted by the city.

H.

Vacation of Plat.

1.

Nothing in this section requires that a vacation be undertaken if a replat, accomplishing the elimination of lot lines is duly approved. A vacation is required when no replatting is undertaken but elimination of lot lines, rights-of-way or easement lines dividing a parcel is to be accomplished.

2.

Any plat, or portion thereof, filed in the office of the Quay County clerk and within the planning and platting jurisdiction of the city may be vacated according to the following procedures:

a.

The subdivider of land proposed to be vacated, exclusive of public rights-of-way, shall sign a duly acknowledged statement declaring the plat or a portion of the plat is to be vacated and shall apply to the governing body for approval.

b.

Where a public right-of-way is proposed to be vacated:

i.

The director shall mail letters to franchised utilities and to the owner of record of all lots adjacent to the public right-of-way to be vacated, informing them of the nature of the proposed vacation, and notifying them of the date, time and place of the hearing. At least twenty (20) days shall be allowed for the comments before a decision is reached.

ii.

If the public right-of-way proposed for vacation is paved, or if the entire width of the right-of-way is proposed for vacation, the applicant shall post and maintain one or more signs, as provided and where instructed by the director at least twenty (20) days prior to the date of the hearing. The applicant is responsible for removing the signs within five days after the hearing is completed. Failure to properly post signs is grounds for deferral of the request. No one except the applicant, the agent of the applicant, or the city shall remove or tamper with any such required sign during the period it is required to be maintained under this section.

iii.

In considering the vacation of all or part of a public right-of-way, the governing body shall determine whether or not the vacation will adversely affect the interests of persons owning contiguous land or land within the subdivision being vacated.

c.

The rights-of-way of any public or private utility, including drainage, existing prior to the vacation, total or partial, of any plat are not affected by the vacation of a plat unless an authorized representative of the utility involved agrees in writing to have the rights vacated.

3.

A decision on approval and endorsement shall be made at a hearing by the governing body. Public notice in a newspaper of general circulation in the city shall be published at least twenty (20) days before the date of the hearing; the notice shall indicate the location of the proposed vacation, where a map of the proposed vacation may be viewed, and information on the hearing. If approved by the governing body, the statement of vacation is endorsed "approved." The endorsement shall be within ten (10) days of the conclusion of the hearing.

4.

The vacation is in full force and effect only after the approved statement declaring the vacation has been recorded in the office of the Quay County clerk. The county clerk shall be requested to mark the original plat with the words "vacated" or "partially vacated" and refer on the plat to the volume and page on which the statement of vacation is recorded. Submittal for recording is the applicant's responsibility. The applicant shall also provide certified proof of the recording by the county clerk to the city clerk.

(Ord. 1052 (part), 2007)

A.

Compliance. All subdivisions within the city planning and platting jurisdiction shall conform to minimum design standards established by the city.

B.

Streets.

1.

The character, extent, width and location of all streets shall conform to any master plan or policies established by the governing body and shall be consistent and appropriate in their relationship to existing and planned streets, topographic conditions, public convenience, safety and the proposed uses of the land to be served by the streets.

2.

Where an arterial or collector street is not shown and defined in a master plan of the city and there is not an adopted future street line, the arrangement of streets in a subdivision shall either:

a.

Provide for the continuation or appropriate projection of existing principal situation where topographic or other conditions make continuance of, or conformance to, existing streets impractical; or

b.

Conform to a plan for the neighborhood properly approved by the city to meet a particular situation where topographic or other conditions make continuance of, or conformance to, existing streets impractical.

3.

Minor streets shall be so laid out that their use by through traffic will be discouraged.

4.

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the decisionmaking body may require a street approximately parallel to the right-of-way. This distance shall be suitable for the appropriate use of the intervening land and shall also be determined with due regard for the requirements of approach grades and future grade separations.

5.

Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city under conditions approved by the decisionmaking body.

6.

Half streets shall be prohibited, except where used as an addition to another half street which was platted and filed before the effective date of these regulations.

7.

No street names shall be used which will duplicate or be confused with the names of existing streets within the jurisdiction of the city. Street name changes shall be subject to the approval of the governing body upon the recommendation of the planning commission. A street name shall only be changed if the applicant shows that there will be a public benefit which clearly outweighs the public confusion which would be created by the name change.

8.

Streets shall be laid out to intersect as nearly as possible at ninety (90) degree angles, and no street shall intersect any other street at less than sixty (60) degrees.

9.

Street jogs with centerline offsets shall be avoided, but where necessary shall have a minimum offset of one hundred twenty-five (125) feet.

10.

A minimum tangent one hundred (100) feet long shall be introduced between reverse curves on major streets.

11.

When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than two hundred (200) feet and of the greater radius as may be set by the decisionmaking body for special cases.

12.

Property lines at street intersections shall be rounded with a radius of ten (10) feet, or of greater radius where the decisionmaking body may deem it necessary. Comparable cutoffs or chords in place of round corners may be permitted.

13.

Dead end streets (cul-de-sacs), designed to be so permanently, shall not be longer than five hundred (500) feet and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least one hundred (100) feet.

14.

Street Gradients.

a.

All street gradients shall be subject to approval of the planning director. Minimum street gradient shall not be less than one-half percent, and the maximum not more than ten (10) percent.

b.

Within one hundred (100) feet of any intersection, the maximum gradient shall be five percent to provide adequate and safe sight distance and the intersection itself shall have a maximum gradient of three percent.

15.

The width of all new streets and alleys shall comply with city standards.

16.

The minimum radius at the centerline for horizontal curves on streets shall be as follows:

a.

Arterial: four hundred (400) feet;

b.

Collector: two hundred (200) feet; and

c.

Local: fifty (50) feet.

17.

All streets shall be graded and the roadway improved in accordance with standard specifications of the city and with the supervision and approval of the planning director.

18.

Alleys shall be provided in commercial and industrial districts, except that the decisionmaking body may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking adequate for the uses proposed. Alleys may be provided in residential areas at the option of the subdivider, but are to be discouraged where they would serve no useful public purpose or where easements would better serve the purpose.

19.

Curbs and gutters shall be provided on both sides of the street and constructed to standard specifications of the city under the supervision of the planning director and subject to his or her approval.

20.

The width and horizontal location of sidewalks shall conform to the following minimum design criteria:

a.

Width. A six-foot width is required on all arterials. A four-foot width is required on all collectors and local streets.

b.

Horizontal Location.

i.

Residential sidewalks shall be located within the public right-of-way such that the property side edge is located adjacent to the property line. Special locations shall be as identified in adopted plans.

ii.

Commercial and industrial sidewalks shall be located within the public right-of-way. These sidewalks may be adjacent to the property line to provide a parkway between the street and sidewalk; or the sidewalk may be located immediately adjacent to the curb of the vehicle travelway.

c.

Vertical Location. The sidewalk must be located such that the top surface of the sidewalk will be at the same height as the top of curb adjacent to the sidewalk.

d.

Transverse Slope. Sidewalks shall have a minimum transverse slope of one quarter inch per foot, sloping toward the street.

e.

Sidewalk Materials. Sidewalk materials and specific design specifications must be approved by the planning director prior to construction.

21.

Walkways, bike paths, bridle paths and water courses shall provide a minimum right-of-way width of ten (10) feet and a minimum pavement width, if any, of ten (10) feet.

22.

Street numbers designating building numbers shall be in compliance with city requirements and building numbers shall be designated during plat approval procedure.

23.

Street lights shall consist of one hundred (100) watt, high pressure sodium vapor, pink lights and shall be located at warranted locations and at mid-block locations where blocks exceed five hundred (500) feet in length. All lighting fixtures shall be shielded to prevent glare and shall be compliant with New Mexico Night Sky Protection Act requirements. In new subdivisions, the developer shall submit a plat to the authorized utility franchisee for design of the street lighting system. The authorized utility franchisee shall submit the completed design to the planning director for approval. Following approval, the authorized utility franchisee shall install the street lights in conjunction with the installation of electrical service to the subdivision.

C.

Drainage. Adequate provision shall be made for drainage of storm water subject to the approval of the planning director in accordance with the master drainage plan and requirements pursuant to the National Flood Insurance Program of the Federal Emergency Management Agency.

D.

Easements. Easements of at least five feet in width shall be provided and dedicated on each side of all rear lot lines (except where there are alleys) and along side lot lines where necessary for poles, wires, conduits, storm and sanitary sewers, gas, water and other mains. An adequate easement or right-of-way shall be dedicated to contain all portions of the public drainage system for the purpose of widening, deepening, sloping, improving or protecting the channel for drainage purposes. Where a cut or fill road slope is outside the normal right-of-way of the street, then a slope easement shall be provided of sufficient width to permit maintenance of the slopes.

E.

Blocks. The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of use contemplated; to zoning requirements as to lot sizes and dimensions; to needs for convenient access, circulation, control and safety of street traffic; and to limitations and opportunities to topography.

F.

Lots. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites properly related to topography and the character of adjacent development. All side lines of lots shall be at right angles to straight street lines or radial to curved street lines unless a variation of this rule will give a better street and lot plan. Lots of double frontage shall not be permitted.

G.

Public Sites—Open Spaces.

1.

The decisionmaking body may require adequate provision for suitable park land, playgrounds or other recreational use in each subdivision.

2.

In lieu fees may be accepted by the decisionmaking body if an ordinance authorizing such fees is adopted in accordance with applicable state law.

(Ord. 1052 (part), 2007)

A.

Variances. Variance from the strict application of design standards may be allowed in cases where unusual conditions exist, or a variance would provide an improved design. Financial gain, loss or monetary savings cannot be considered solely as a basis for a variance request. See Section 17.01.090(B)(2) of this title for procedures on processing a variance.

(Ord. 1052 (part), 2007)