§ 5.1. Subdivision.

5.1.1 Jurisdiction. Whenever any subdivision of land shall be laid out within the incorporated limits of the Town or within the ETJ, the subdivider or his or her agent shall submit those documents and obtain those approvals required by Section 6.3. Such plans and plats, and any proposed improvements shall in all respects be in full compliance with the regulations of this Land Use Code. All lands offered to the Town for use as streets, alleys, parks and other public use, shall be referred to the Town of Silver City Planning and Zoning Commission for review and recommendation before being accepted by the Town Council or by any other governing authority. Plat approval does not constitute such acceptance. Persons desiring to subdivide land within the ETJ of the Town should be aware that Grant County exercises concurrent subdivision authority over subdivision in such areas under NMSA 1978, §§ 3-20-5 and 3-20-9.

5.1.2 Availability of Water Resources. Subdivision approval is contingent upon the Town having adequate water supply, infrastructure, and water rights to provide units in the subdivision water for normal operation and fire protection at current and future levels. The required level for the Town includes a buffer level. If adequate supplies are not available, obtaining adequate supplies may become a condition of subdivision approval.

5.1.3 Suitability of the Land for Subdividing. The Town Council shall not approve the subdivision of land if, following thorough investigation by all agencies concerned (e.g. Town Staff, schools, County Staff, State Agencies), it is determined that in the best interest of public health, safety or welfare, the land is not suitable for platting and development purposes of the kind proposed (e.g. topography, or location within the floodplain or an arroyo). If a proposed subdivision is not approved, the reasons shall be in writing and dated and the disapproval verified by the signature of the Mayor.

5.1.4 Development Standards. All subdivisions within the Town and the ETJ shall conform to the minimum development standards of this Land Use Code, including without limitation those standards related to the zone district within which the property is located.

5.1.5 Subdivision Design Standards and Layout.

A)

Blocks.

1)

The length or shape 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; needs for convenient access, circulation, control and safety of street traffic; and limitations and opportunities of topography.

2)

Block lengths of local urban residential and commercial streets shall be no longer than 600 feet. Longer length will be considered if alternative pedestrian access means are presented or master plan standards addressed. For local rural streets, the maximum block length shall be 2,500 feet or the block length required for 30 dwelling units, whichever is less. Additional street design standards such as cul-de-sac lengths are established in Section 5.2.

B)

Lots.

1)

The minimum lot area, width and building setbacks shall conform to the requirements of the Land Use Code, including without limitation the requirements of the zoning district in which the property is located.

2)

Corner lots shall be sufficiently large to assure maintenance of setbacks on both streets.

3)

All lots shall abut on a dedicated public street in accordance with the frontage requirements of Table 3.4.2.

4)

Depth, width, area and shape of sites or lots for commercial or industrial purpose shall be adequate for off-street service, parking facilities, and landscaping required by the type of use and development contemplated and as specified in the Code.

5)

Lots abutting watercourses, drainageways, bluffs, channels or streams, shall have additional minimum width and depth as required by Section 5.6 to provide an adequate building site, drainageway, and easements, and afford the minimum useable area required in the zoning ordinance for front, rear, and side yards.

C)

Monuments. Monuments shall be provided for all plats according to the following specifications: All exterior boundary corners of the subdivision, and each corner of each block within the subdivision, shall be defined by permanent monuments. Such monuments shall consist of a metal rod, at least one-half inch in diameter, and at least 18 inches in length, with a permanent cap attached to the top; and the rod set in at least one cubic foot of concrete. The surveyor who sets the corner will have his or her registration number, or name, or both, along with the position of the corner stamped into the cap.

D)

Street Lighting. Street lights will be installed by the subdivider in all subdivisions within the municipal boundaries of the Town of Silver City according to the standards in Section 5.12 of this Land Use Code. A street light is required at every intersection and at a minimum of every 300 feet.

E)

Other Requirements. The subdivision plat shall comply with all other requirements of this Article and other provisions of this Land Use Code.

5.1.6 Land Dedication and Fees-in-Lieu.

A)

Parks, Playgrounds, and Other Public Areas. Land or money in lieu of land required by this section shall be conveyed to the Town upon approval of the final plat.

1)

Land dedication.

a)

For each single-family housing unit, or unit in a multiple-family housing development, 0.01 of an acre shall be set aside by the subdivider for public facilities, parks, community gardens, or recreation areas.

b)

The preliminary plat shall show the area which the subdivider proposes to construct as a park or recreation area, but the Town shall have the right to select another location if, in the sole discretion of the Town, the location proposed by the subdivider is unsuitable.

c)

Subdividers shall convey to the Town, by unrestricted deed, the area of land required for park or other public facilities as determined above, based on the number of single-family housing units, or units in a multiple-family housing development in the proposed subdivision.

d)

If the Planning and Zoning Commission determines that more land is needed in a particular subdivision, the subdivider shall sell to the Town, at the market value of the unimproved land, the additional area that is determined to be needed for the park or other public areas to serve the future residents of the land to be subdivided.

e)

Multi-family developments may, with Town approval, retain private ownership and maintenance of such parks, according to the requirements in Section 5.1.8.

2)

Fee in-lieu of land.

a)

In lieu of such conveyance of land, the Town may require a subdivider to pay to the Town a sum of money equal to the market value of the unimproved land which otherwise would be conveyed.

b)

The subdivider shall provide and submit to the Town an independent appraisal, completed within the previous 12 months, of the market value of the said unimproved land, to be used as a basis for determining the amount of money to be paid by the subdivider in lieu of deeded land, or by the Town for additional unimproved land. If the appraisal provided and submitted by the subdivider is deemed to be unacceptable by a majority of the Planning and Zoning Commission based on their knowledge of property values, the commission may order the subdivider to provide a second appraisal by a Town-appointed appraiser, which appraisal shall be binding upon the parties.

c)

Monies accepted by the Town in lieu of conveyance of land for public facilities, parks, community gardens, or recreation areas shall be used toward the creation of or enhancement of a park playground, or community garden in a nearby area.

B)

Streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way for such streets to meet the demand created by the future residents of the land to be subdivided if necessary to meet the minimum street width requirements set forth in Section 5.2, as follows:

1)

The entire additional right-of-way shall be provided where the subdivision is on both sides of the existing street,

2)

When the subdivision is located on only one side of the existing street, one-half of the required additional right-of-way shall be provided. In no case shall the resulting right-of-way width be less than 50 feet.

C)

Individualized Determination. Following the calculation of land dedications for parks, playgrounds, other public areas, and streets pursuant to subsection (A) and (B) above, the Community Development Director shall conduct an individualized determination to consider whether the amount required fairly reflects the amount of land needed to offset the impact of the proposed development on the Town's parks, playgrounds, other public areas, and streets, using an average impact (not marginal impact) methodology. The individualized determination may be influenced by the anticipated ages of the residents of the development, the number of bedrooms included in residential units, the inclusion of private community park space that could offset some portion of the impact on the Town's park system, or other factors unique to the development. In the absence of special factors that the Community Development Director concludes would lead the development to have a different impact on parks, playgrounds, other public areas, or streets than other developments of the same type and density, the contribution amounts listed above shall govern the required contributions of land. If the Community Development Director concludes that the proposed development would have a smaller or greater impact on the Town's parks, playgrounds, other public areas, or streets that is not adequately reflected in the contributions shown above, the Community Development Director is authorized to increase or reduce those amounts as necessary to accurately offset the impact of the proposed development on the Town's parks, playgrounds, other public areas, and streets.

5.1.7 Improvement Standards and Timing.

A)

The proposed plans, specifications and construction drawings covering the construction of improvements on land designated for public use and the installation of utility facilities shall be submitted to the Town Engineer for approval.

B)

No improvements, such as sidewalks, water supply, stormwater drainage, sewage facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall be made within any such subdivision by any owner or owners, or his or her agent, or by public service corporation at the request of such owner or owners, or his or her agent, until the final plat for the subdivision and all plans, specifications and drawings for subdivision improvements have been formally approved by the Town Engineer, the Planning and Zoning Commission, and the Town Council.

C)

The Town Engineer shall have the right to inspect the course of the construction of improvements on land designated for public use and of the installation of the utility facilities and, further, the Town Engineer shall have the right to require construction or installation halted if not in conformance with the approved plans, specifications and drawings and to require the remedy of defects before construction or installation is resumed.

D)

The Town Engineer shall have the authority to agree to changes which deviate from the design and construction standards or from the approved plans, specifications and drawings, or from both, if the changes will not adversely affect the quality of the improvements or of the utility facilities. This authority shall not include the power to agree to a change in location of any surface or above ground improvement or utility facility.

E)

The subdivider shall notify the Town Engineer before starting the construction of improvements on land designated for public use or of the installation of utility facilities. The subdivider shall be required to enter into a Work Order agreement with the Town Engineer, specifying, among other things, definition of the work to be completed and the completion deadlines.

F)

Amendments to Section 5.1.4, following the preliminary approval of the proposed plans, specifications, and construction drawings, shall not affect the approval.

5.1.8 Privately Developed Facilities. Where the subdivision is to contain streets, sewage facilities (not including septic tanks), water supply systems, park areas or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the Town and other applicable public agencies, for the continuous maintenance, supervision, operation and reconstruction of such facilities by the lot owners in the subdivision, and such facilities shall meet the requirements of the New Mexico Environment Department.

5.1.9 Development Agreements.

A)

In connection with any Major Subdivision or PUD approval, the Town Manager shall be authorized to enter into a Development Agreement with the applicant. Development Agreements may include provisions clarifying duties to construct specific improvements, the phasing of construction, the timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of property rights for periods of not more than 10 years, assurances that adequate public facilities (including roads, water, sewer, fire protection and emergency medical services) will be available as they are needed to serve the development, and mitigation of anticipated impacts of the development on the general public or the environment. In reviewing and acting upon proposed Development Agreements, review and decision-making bodies shall consider the Approval Criteria for the development application and the following additional criteria:

1)

Whether the benefit of the Development Agreement to the Town outweighs its costs;

2)

Whether the Development Agreement is required to mitigate impacts that would otherwise make the proposed development unacceptable; and

3)

Whether the Town has received adequate assurances that the development will go forward as planned in return for any vesting of property rights.

B)

Development agreements may contain but are not limited to the following:

1)

Descriptions of the acceptable and prohibited uses on the property;

2)

The density of proposed uses, including maximum floor area and height of buildings;

3)

Provisions for the reservation or dedication of land for public purposes;

4)

Proposed schedule for the construction of public improvements and requirements that public improvements will be available prior to the issuance of building permits and water and sewer taps;

5)

Proposed timing and phasing of the development project;

6)

Provisions to mitigate the impacts of proposed development on the general public, including the protection of environmentally sensitive lands;

7)

Provisions for public benefits or improvements in excess of what is required by current Town policy or law;

8)

Terms relating to applicant financing of facilities and subsequent reimbursement;

9)

Terms for subsequent discretionary actions, provided such terms shall not prevent the development of the property for the uses set forth in the agreement;

10)

A provision that construction shall begin by a specified date or that certain phases shall be completed within a specified time; and

11)

Termination date for the Development Agreement.

C)

The subdivider shall be required to enter into a Work Order agreement with the Town Engineer, specifying, among other things, definition of the work to be completed and the completion deadlines.

5.1.10 Completion Guarantee and Fees. The subdivider shall agree to construct the improvement as required by these regulations, in accordance with the approved construction drawings and standards and within a time specified by the Town or expressed in the Development Agreement. The agreement shall be recorded with the Grant County Clerk. The agreement shall be insured by:

A)

The completion of improvements, except those described in Section 5.1.6(A), and the installation of the utility facilities are required by these regulations before a building permit, or water and sewer tap is issued.

B)

A corporate surety bond or performance bond, satisfactory in form, securing 120 percent of the estimated cost of the actual construction and installation of improvements and utility facilities, within the period of time specified by the Town; or

C)

A deposit, 120 percent of the estimated cost, under an escrow agreement approved by the Town of a sum of money sufficient to pay the full cost of the construction of the improvements and of the installation of the utility facilities. The Town Engineer shall certify to the Town that the amount to be deposited is adequate. The escrow agreement may provide for the release of not more than 90 percent of the funds escrowed as progress payments upon the certification of the Town Engineer that the work to date has been in accordance with the approved plans and specifications therefore; or the escrow agreement may provide that no funds may be released until all the improvements have been constructed and accepted and until all the utility facilities have been installed and accepted.

D)

As an alternative, and at the discretion of the Town, the subdivider may be provided a method whereby the Town identifies collateral equal to 120 percent of the estimated cost to construct the improvements or install the utility facilities, or any combination thereof.

E)

The subdivider is responsible for all fees associated with the Town's review and acceptance of the Completion Guarantee.