Chapter 17.10 PROCEDURE

Chapter 17.10
PROCEDURE

Sections:

17.10.010 Preapplication procedure.

A. Prior to the filing of an application for approval of a preliminary plat, the subdivider is requested to confer with the planning staff and other town departments so as to become acquainted with these regulations.

B. The preapplication conference with the planning staff does not require a formal application, fee, or the filing of a plat, and is considered an advisable step in the procedure rather than mandatory. The planning staff does not assume any responsibility for a lack of understanding of these regulations on the part of the subdivider, and any advice or opinion as to the feasibility of the proposed subdivision expressed by the planning staff shall not bind any subsequent actions of the planning and zoning commission or the board of trustees relative to the proposal.

C. The subdivider shall then submit to the planning commission a preliminary plan and supporting data. This step does not require formal application or filing of plat with the planning commission.

D. Within 35 days the planning commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of these regulations, and it shall express its reasons therefor. [Ord. 89-01; prior code § 11-5-2.A]

17.10.020 Preliminary plat procedure.

A. Application for subdivision approval shall be submitted to the planning staff on prescribed forms. Application forms are available at the Town Hall.

B. All completed applications and plats shall be submitted no later than 15 working days prior to the day of the regular meeting of the planning and zoning commission at which time it is to be considered. All applicants should submit plats as early as possible to ensure that required review can be accomplished. At this time, all preliminary plat review fees shall have been paid in full prior to placing the application on the planning commission agenda.

C. Eight copies of the preliminary plat and supplemental material will be submitted by the subdivider with the written application. The planning staff shall review the preliminary plat and supplemental material.

D. The application and preliminary plat of the subdivision shall be placed on the planning commission agenda. The subdivider or his representative shall be notified of the time, place and date of the public hearing.

E. The subdivider shall notify by certified mail, return receipt requested, all owners of property located in whole or in part, within 300 feet, exclusive of streets, of the parcel to be subdivided, notifying said property owners of the time and place of the meeting at which the preliminary plat is to be considered and describing the proposed subdivision. He shall further provide the commission with receipts as evidence of his effort to notify said property owners. Where a proposed subdivision faces an existing public street, the measurement of 300 feet shall be made from points on either side of the street, excluding the street from the 300-foot measurement.

F. The subdivider shall be responsible for providing preliminary plats and other information determined to be necessary for the purpose of describing the subdivision. Signs will be posted on the property with subdivision application forms, plats and supporting data, by Mesilla town staff. Signs will be posted at intervals of 150 feet across the front lot line of the tract proposed to be subdivided.

G. It shall be the responsibility of the subdivider or his representative to make the presentation before the planning commission. Action taken by the planning commission shall be recorded in the minutes of the meeting. A copy of said minutes shall be furnished to the subdivider. Approval of a preliminary plat shall not constitute approval of the final plat. Preliminary approval shall confer upon the subdivider the rights and guarantee during the two-year period from the date of approval, that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these regulations. Approval of a preliminary plat shall be effective for two years. The planning commission may approve a plat as submitted or it may require certain conditions for approval. When these conditions are met and confirmed by the commission it shall be considered approved as a preliminary plat.

H. If the preliminary plat is denied by the planning commission, the subdivider or his representative has the right to appeal the decision. The appeal shall be submitted in writing to the town clerk-treasurer and it shall then be placed on the agenda of the board of trustees for their consideration. [Ord. 89-01; prior code § 11-5-2.B]

17.10.030 Final plat procedure.

A. Two masters of reproducible stable base material and eight copies of the final plat along with supplemental material shall be furnished to the planning staff by the subdivider. The final plat shall substantially conform to the preliminary plat as approved, including any modifications and conditions specified. It may constitute only that part of the approved preliminary plat which the subdivider proposes to record and develop at that time; provided however, that such part conforms to all requirements of these regulations; and provided further, that the planning commission may require the subdivider to include or exclude whatever part of the preliminary plat it deems necessary for orderly development.

B. Application for approval of final plat shall be submitted in writing on the prescribed form not less that 15 working days prior to the day of the planning commission meeting at which it is to be considered. The planning staff shall review the final plat. Also at this time, it shall be determined that all review fees have been paid in full prior to placing the application on the planning commission agenda. The subdivider or his representative shall be notified of time, place, and date of the meeting when the final plat is to be considered. The subdivider or his representative must make the presentation at the planning and zoning commission meeting and also before the board of trustees. Prior to final plat submittal approval by the affected utilities shall be obtained.

C. The planning commission will either recommend approval or disapprove or defer to a later date the final plat at the meeting at which it is to be considered. If the plat is disapproved by the planning commission, the reasons for disapproval shall be referenced and attached to two copies of the final plat and such action shall be dated and verified by the signatures of the chairman and secretary of the planning commission. One verified copy shall be returned to the subdivider and the other shall become a part of the files of the planning staff. If the final plat is approved, the planning staff shall draft the resolution for the subdivision and submit it to the town clerk-treasurer to place it on the agenda of the board of trustees for its consideration. Following final approval by the board of trustees and the planning, zoning and historical appropriateness commission of the plat, and having met the conditions of these regulations; the signatures of the chairman and secretary of the planning, zoning and historical appropriateness commission and the mayor of Mesilla shall be affixed to the master plat.

D. One copy of the signed master plat shall be maintained in a suspense file by the planning staff. No building permits shall be issued until it has been filed and recorded at the county clerk’s office and one recorded copy has been returned to the planning staff.

E. It shall be the subdivider’s responsibility to file and record with the county clerk the final plat.

F. A signed copy of the restrictive covenants and disclosure statement will be required by the town of Mesilla prior to filing of the final plat. [Ord. 89-01; prior code § 11-5-2.C]