Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.070 Fee schedule for subdivisions.
17.05.010 Purpose.
These land subdivision regulations are to provide for the harmonious development of the town of Mesilla, in order to establish conditions favorable to the health, safety, convenience, and general welfare of citizens of the town. More specifically, provisions of the regulations are designed to achieve the following objectives in newly subdivided areas:
A. Adequate provisions for light and air, public open spaces, water supply, drainage, sanitation including sewer service, and public facilities;
B. Economy in governmental expenditure and adequate reimbursement of the town for services performed;
C. Safe, convenient circulation of people, goods and vehicles;
D. Accurate and complete surveying, and preparation and recording of plats;
E. Coordination of land development in accordance with orderly physical patterns as stated in adopted plans and policies as may have been or may hereafter be adopted by the board of trustees; and
F. The preservation of historical sites and areas. [Ord. 89-01; prior code § 11-5-1.A]
17.05.020 Authority.
These land subdivision regulations are authorized by Articles 19 and 20, New Mexico Statutes Annotated 1978, and as approved by the planning and zoning commission at a public hearing on the day of and as adopted by Ordinance No. 89-01 on January 9, 1989, by the board of trustees. [Ord. 89-01; prior code § 11-5-1.B]
17.05.030 Jurisdiction.
These land subdivision regulations shall govern all platting or replatting of land within the town of Mesilla corporate limits. [Ord. 89-01; prior code § 11-5-1.C]
17.05.040 Severability.
If any section, subsection, paragraph, sentence, phrase or part hereof for any reason is declared unconstitutional or invalid, the validity of the remaining portions hereof shall not be affected since it is the expressed intent of the board of trustees to pass each section, subsection, paragraph, clause, phrase, and every part thereof separately and independently of every other part. [Ord. 89-01; prior code § 11-5-1.D]
17.05.050 Interpretation.
The provisions of these regulations shall be held to be minimum requirements to meet the expressed intent of subject regulations. Where the provisions of these regulations impose greater restrictions than those of other ordinances or regulations, the provisions of these regulations shall prevail. Where the provisions of any other ordinance or local regulation impose greater restrictions than those of these regulations, the provisions of such other ordinance or local regulation shall prevail. [Ord. 89-01; prior code § 11-5-1.E]
17.05.060 Definitions.
1. “Alley” means a minor public way which is use primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
2. “Area plan” is a plat or sketch of any planned future development of undeveloped land which is contiguous to a proposed subdivision and is under control or ownership of the developer. Such plan should indicate general land uses and major thoroughfares.
3. “Arterial street” means a four-lane roadway which is used primarily for serving large volumes of traffic.
4. “Average daily traffic,” for the purpose of determining roadway width, shall be 110 percent of the value calculated as two vehicles per residence and six trips per vehicle per day at ultimate development. The calculation shall include ultimate development of adjacent land based on existing zoning, should it be determined by the planning, zoning and historical appropriateness commission that access through a subdivision will be required to reach said adjacent land.
5. “Bike paths” means a portion of a roadway or separate pathway designated for use by bicycles.
6. “Block” means property bounded on one side by a street and the other three sides by a street, railroad right-of-way, waterway, unsubdivided areas, or other definite barriers.
7. “Board of trustees” means the governing body of the town of Mesilla. Final approval of all subdivision plats in the planning and platting jurisdiction of the town rests with this body.
8. “Building line” means a line established by the setback requirements as provided in the zoning code for the town of Mesilla.
9. “Cluster subdivision” means a subdivision which permits the size of residential lots to be reduced below the minimum lot size required by the zoning district within which the property is located; provided, that the average dwelling density of the entire subdivision does not exceed the density permitted by the applicable zoning classification.
10. “Collector street” means a street which carries traffic from local streets to arterial streets and highways.
11. “Condominium” means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Condominium development shall follow the guidelines of the subdivision regulations.
12. “County” means Dona Ana County, New Mexico.
13. “County clerk” means the elected clerk of the county or the clerk’s authorized representative.
14. “Cul-de-sac” means a minor street with only one outlet and culminated by a turnaround.
15. “Drainage course” means a natural watercourse or indenture for the drainage of surface waters.
16. “Drainage plan” means a plan indicating an on-site drainage proposal, the passage of stormwaters through the development and safe discharge of runoff onto adjacent lands or into storm drainage facilities. Also, a comprehensive analysis of (a) the existing storm drainage conditions of a proposed development, and (b) the disposal of the runoff which is generated by the proposed development.
17. “Easement” means a grant by the property owner of the use, for specific purpose, of a strip of land by the general public, a corporation, or a certain person or persons.
18. “Engineer” means a person who is engaged in the practice of engineering and is qualified to so practice as attested by his legal registration as a professional engineer in the state of New Mexico.
19. “Improvements” includes infrastructure such as streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, bike paths, trails, and water, sewer, and gas systems or parts thereof.
20. “Land surveyor” means a person who engages in the practice of land surveying and is qualified to so practice as attested by his legal registration as a land surveyor in the state of New Mexico.
21. “Lot” means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development. It also is a tract of land described by metes and bounds and held in separate ownership, as shown on the records of the county clerk.
22. “Major thoroughfare” means a street that carries or that planning evidence indicates will carry a large volume of traffic.
23. “Master plan” means the general plan of the town of Mesilla or any of its parts, for the physical development of the area within the planning and platting jurisdiction of the town which has been adopted by the board of trustees.
24. May. When a requirement in these regulations uses the word “may” instead of “shall,” the requirement will be necessary only if directed by the planning commission.
25. “Minor residential street” means a street of relatively short length that provides direct access to a limited number of abutting residential properties and is designed to discourage its use by through traffic.
26. “Municipal code” means the ordinances of the town of Mesilla, New Mexico, known as the municipal code.
27. “Performance bond” means a surety bond made out to the town of Mesilla in an amount equal to the estimated full cost of the improvements; said cost being estimated by the developer and approved by Mesilla after inspection and review, and surety bond being legally sufficient to secure to the town of Mesilla that the said improvements will be constructed in accordance with these regulations.
28. Planning Commission. The planning, zoning, and historical appropriateness commission is the officially appointed planning and zoning commission of the town of Mesilla, New Mexico.
29. “Plat” or “replat” is a map, chart, survey, or plan certified by a land surveyor and/or registered engineer which contains a description of subdivided or resubdivided land with ties to permanent survey monuments.
30. “Private road” means a street within or serving a subdivision which is not dedicated to public use and is not maintained or otherwise serviced by the town of Mesilla.
31. “Public rights-of-way” means the total area of land deeded, reserved by plat, or otherwise acquired by the town, the county, or the state of New Mexico.
32. “Resubdivision” means the replatting of any lot or group of lots by any means including changes in existing lot lines for the purpose of leasing, transferring title, or conveying to another person by a clear and understandable description of the legal boundaries of such lot.
33. “Roadway” means that portion of the street available for vehicular traffic.
34. “Roadway width,” for the purpose of determining road cross-section, shall be the width of the portion of the roadway used by vehicles. It shall not include the area occupied by the curb and gutter and/or sidewalk.
35. “Setback” means the lateral distance between the right-of-way line of the street or property line and building, gas pump, curb base, display stand or other object.
36. Shall. The word “shall” is mandatory.
37. “Sidewalk” means a pedestrian walkway with permanently improved surfacing.
38. “Street” means a public way, which has been dedicated, or reserved by plat other than an alley which affords the principal means of access to abutting property.
39. “Subdivider” means a person who undertakes the subdivision of land as set forth in these regulations. A person includes any individual, establishment, estate, trust, receiver, cooperative, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
40. “Subdivision” means the subdivision of land into two or more parts by platting or by metes and bounds description for the purpose of sale for building purposes, laying out a municipality or any part thereof, adding to a municipality, laying out suburban lots or resubdivision.
41. “Summary subdivision” means a subdivision of land consists of no more than two parcels of land or is a replat where the combination or recombination of portions of previously platted lots does not increase the total number of lots. Summary subdivisions shall be in substantial conformity with the subdivision regulations of the town of Mesilla. The applicability of the summary subdivision procedure may be determined by the planning, zoning and historical appropriateness commission.
42. “Town” is the town of Mesilla, New Mexico.
43. “Town attorney” means an attorney employed or retained by the town whose duties include reviewing and approving contracts or agreements entered into by the town.
44. “Town clerk-treasurer” is the town clerk-treasurer of the town of Mesilla, New Mexico.
45. “Zoning ordinance” means the town of Mesilla ordinance designed to promote public health, safety, and the general welfare, and to regulate or restrict within the town of Mesilla, New Mexico, the height, number of stories and size of buildings and other structures, percentage of lot that may be occupied, size of yards, courts, and other open space, density of population, and location and use of buildings, structures and land for trade, industry residence, floodplain or other purposes; to divide the town into districts or zones of such number, shape, area and form as is necessary to carry out the purpose of these regulations, and to regulate or restrict the erection, construction, repair or use of buildings, structures, or land in each district or zone, to provide for the administering of this code; and to provide for amendments, or changes hereto. [Ord. 89-01; prior code § 11-5-1.F]
17.05.070 Fee schedule for subdivisions.
A. Preliminary plat: $15.00/lot for the first 20 lots and $10.00/lot thereafter, with a minimum of $200.00.
B. Final plat: $15.00/lot for the first 20 lots and $10.00/lot thereafter, with a minimum of $150.00.
C. Additional Fees for Unusual Circumstances. Where additional review by the commission is required, then the town may charge an additional review fee to defray the cost of such review. Review fees shall be only for professional services rendered to the commission, that is, if the commission does not have the proper personnel to assist them in reviewing reports, plans and plats.
D. An engineering inspection and plat review fee of four percent of the total estimated cost of development of the subdivision will be paid by the subdivider prior to the final acceptance of the subdivision by the town of Mesilla.
E. The development impact fee is a charge or assessment imposed by the town on new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development.
A $445.00 public purpose/development impact fee will be required for each newly platted lot, excluding summary subdivisions, in the town of Mesilla. Collection of impact fees shall occur no earlier than the date of issuance of a building permit. All fees received under this provision shall be placed in a special “capital improvement fund” and shall be used by the town only for acquisitions, development and improvements defined in Mesilla’s capital improvement plan.
F. The provisions of Chapter 13.20 MTC, which establishes water rights acquisition policy for development, shall be met prior to filing the final plat.
G. Summary plat review fees are $150.00. [Ord. 2009-04 § 1; Ord. 2004-03 § 5; Ord. 89-01; prior code § 11-5-1.G]