Chapter 17.25
PLATS AND DATA FOR FINAL APPROVAL
Sections:
17.25.010 Final plat.
A. The final plat shall be drawn in ink on tracing cloth or drafting film such as mylar or acetate. Drawings shall be at a scale of one inch equals 100 feet. In no case shall it be on less than 18-inch by 24-inch sheets of paper. This final plat may be submitted for approval in contiguous sections.
B. The final plat shall show the name of the subdivision and name of the subdivider.
C. The final plat shall show title, scale, the north arrow, and date of survey.
D. Plat boundary lines shall be shown giving the bearings in degrees, minutes, and seconds. Distances shall be shown in feet and hundredths.
E. Location and description of all monuments found or set within the plat area, including bench marks with elevation shown, and property corners.
F. Zoning shall be shown with boundaries shown as streets, highways, or property lines.
G. Lot lines and right-of-way lines, existing and proposed; lines to be eliminated shall be dashed. Names of streets, right-of-way widths of all streets and alleys; private streets shall be so designated. The radius of all curves; lengths of all tangents on all rights-of-way; accurate dimension, bearings, and deflection angles of all curves.
H. Location, dimensions, and purpose of all easements, existing or proposed, and any limitations thereof.
I. Number or letter to identify each lot and block. Also, address of each individual lot in accordance with town numbering system, if applicable.
J. Location, dimensions, area, and purposes of lots proposed to be reserved for the public.
K. Reference to recorded subdivision plats of adjoining platted land by recorded name and date.
L. 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 acknowledgement of deeds.
M. Signed statements by the subdivider dedicating public rights-of-way, and granting all required easements for public use.
N. Certification and seal by a registered, licensed surveyor of New Mexico in accordance with the laws of the state of New Mexico, certifying the accuracy of the survey and plat, that he prepared or supervised preparation of the plat, and that he has shown all required easements.
O. Certification by town clerk-treasurer that all streets, curbs, gutters, sidewalks, lighting conduit (if provided), and drainage requirements have been provided, and that the drainage analysis plan has been approved.
P. Certification by authorized representatives of the local electric and telephone utilities that their systems’ needs have been met.
Q. Certification by the town clerk-treasurer that water, gas, fire hydrants, and sewer systems needs have been provided.
R. Guarantees of Performance. Before a subdivision plat is placed on the agenda of a planning commission meeting to be considered for a recommendation for final approval, one of the following must be submitted by the subdivider.
1. Subdivision Completion. A written agreement signed by the subdivider to construct all required improvements after the subdivision receives final approval from the board of trustees, but prior to filing and recording the final plat at the county clerk’s office. The subdivider shall not receive the final signed plat for filing from the town until all required improvements have been inspected and approved by the town of Mesilla or their authorized representatives. If the improvements are not completed by the completion date, the subdivision shall revert to a preliminary status.
2. Security Agreements.
a. If the subdivider prefers to file the plat prior to completion of improvements in the subdivision, then he may provide a security agreement. The amount of such security must cover the projected cost of all required improvements. The amount shall be based on the projected costs at the time improvements are scheduled for completion. The projected costs shall be verified and approved by the town clerk-treasurer. One of the following types of security shall be filed with the town:
i. Performance Bond. A surety bond acceptable to cover estimated costs of the improvements.
ii. Escrow Account. An account established with a bank or financial institution in the amount of the projected cost of improvements which can only be drawn upon to cover the costs of improvements.
iii. Irrevocable Standby Letter of Credit. Irrevocable authority to draw a draft for the projected cost of improvements.
b. All security and agreements shall be approved as to form by the town clerk-treasurer’s office prior to submission to the planning commission and shall be submitted with the final plat to the board of trustees for approval. After final approval by the board of trustees, the agreement establishing the form of security shall be filed with the town clerk-treasurer. Upon satisfactory completion of the improvements agreed upon, the security and agreement shall be released in writing by the town clerk-treasurer and shall be returned to the developer.
3. Form of Security and Indemnity Agreement.
a. Prior to presentation of a final plat the developer shall indicate whether the method used for completion of improvements will be tentative approval prior to filing the plat, or acceptance of a security and indemnity agreement by the town.
b. During the period of tentative approval, (before completion of improvements), if a developer wishes to submit an indemnity agreement it shall specify the amount of time within which the improvements must be completed. In no case shall the agreement exceed the 22 months for completion under the tentative approval, but must conform to the date 22 months from board of trustees approval of the final plat.
c. Required elements of an indemnity agreement shall include:
i. A statement that indemnitor is the developer of the subdivision within the platting jurisdiction of the town and that compliance with the town of Mesilla subdivision regulations requires certain guarantees of performance for the development of improvements.
ii. A statement providing for the indemnitor to indemnify the town from any and all costs, damages, and legal expenses resulting from the town having to construct improvements in said subdivision, up to a specific dollar amount for all improvements required with final approval of the plat by the board of trustees. An accompanying quote or signed contract shall be required.
iii. A statement of the amount of time allowed for the developer to complete the improvements. In no case shall the date exceed 22 months from the date of approval of the final plat by the board of trustees. The agreement shall provide that the developer shall be permitted to sell or otherwise dispose of any lot within the subdivision at any time within the 22-month period.
iv. An accompanying irrevocable letter of credit or irrevocable escrow account or performance bond, to be made a part of the agreement. The security shall contain specifically named improvements and a description of the method to be used for disbursing funds from the security. The security shall extend at least 60 days beyond the required date for completion of the improvements.
v. A statement providing for the remaining funds that have not yet been released for improvements, to be released to the town to the limits of the indemnity agreement, with legal recourse to collect any additional moneys expended by the town for completion of the project, should the described improvements not be completed within the time agreed upon.
d. Upon satisfactory completion of the required improvements and acceptance by the town, the security and indemnity agreement shall be released by writing by the town and shall be returned to the developer.
S. Master plats shall not be signed by the Mesilla board of trustees or the planning, zoning and historical appropriateness commission until these conditions have been met. [Ord. 89-01; prior code § 11-5-5.A]