Chapter 155 SUBDIVISIONS

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/or within a radius of five miles from the city planning and platting jurisdiction pursuant to NMSA §§ 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.

(’87 Code, § 9-2-2) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.04 PURPOSE. Revised 3/26

These regulations are intended to create orderly, harmonious and economically sound development of land in order to establish conditions favorable to the health, safety, convenience and general 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.

(’87 Code, § 9-2-3) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.05 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.

(’87 Code, § 9-2-4) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.06 COMPLIANCE WITH CITY STANDARDS.

(A) Municipal code. All lots created by a subdivision shall comply with applicable standards in Chapter 154, Planning and Zoning.

(B) Development process manual. All infrastructure and design elements for a subdivision shall comply with applicable standards in the City of Rio Rancho Development Process Manual (DPM).

(Ord. 25-27)

155.07 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.

BLOCK. Property bounded on one side by a street and on the other sides by a street, railroad right-of-way, waterway, unsubdivided areas or other definite barriers.

CENTERLINE. The line halfway between the street right-of-way lines.

CITY CLERK. An appointed officer of the city as so designated by the Governing Body.

CITY ENGINEER. Pursuant to the definition in Chapter 96, authority to review and approve is delegated to Development Services Engineering Division. The Public Works Department may be consulted as applicable.

CUL-DE-SAC. A short street intersecting another street and terminating in a vehicular turnaround.

EASEMENT. An acquired or granted right of use which one person may have in the land of another.

FUTURE STREET LINE. A line, established by the Governing Body, running more or less parallel to the centerline of an existing or proposed street for the purpose of delineating the future boundaries of public right-of-way.

LOT. A tract or parcel of land platted and placed on the County Clerk’s record in accordance with laws and ordinances, generally as a portion of a subdivision intended for development purposes.

MASTER PLAN. A comprehensive plan or any of its parts, adopted by the Governing Body, for the physical development of the area within the planning and platting jurisdiction of the city for the general purpose of guiding and accomplishing coordinated and harmonious development.

MONUMENT. One or more of the following:

(1) BENCH MARK. A brass cap, set in a base which meets city standard, with the elevation reference to the current NOAA/NGGS vertical datum and as defined by New Mexico state statute, and the land surveyor’s registration number inscribed thereon.

(2) PERMANENT SURVEY MONUMENT. A brass cap set in a base which meets city standards, or a standard Bureau of Land Management monument marking sectionalized corners, containing coordinates referenced to the New Mexico Coordinate System and the land surveyor’s registration number prescribed thereon.

(3) SUBDIVISION CONTROL MONUMENT. A metal rebar or pipe which meets city standards, with the land surveyor’s registration number affixed thereto, and which also complies with the current minimum standards for surveying in the State of New Mexico.

PARKS, RECREATIONAL AREA. An area developed and maintained primarily for active recreation.

(1) DEVELOPED PARK AREA. The developed area is the portion of park land designated for active recreational use. Specifically designed and maintained to support various recreational activities, this area includes amenities such as sports fields, playgrounds, picnic area, trails, and other facilities intended for public enjoyment and physical activity.

(2) UNDEVELOPED PARK AREA. The undeveloped area is the portion of park land preserved in its natural state for conservation, wildlife habitat, and educational purposes. It encompasses features like forests, wetlands, open spaces, and other natural landscapes protected from active development. This acreage serves as a resource for environmental conservation, ecological study, and passive recreation.

PERSON. Any individual, estate, trust, receiver, association, club, corporation, company, firm, utility or other entity.

PLAT. A map, chart, survey, plan or replat certification by a registered land surveyor which contains a description of subdivided land with ties to monuments or other points of reference acceptable to the Planning and Zoning Board, the plat to be placed on record.

PUBLIC DRAINAGE SYSTEM. The path that storm runoff or other flow will follow from the furthest upstream parcels of land to city limits.

REPLAT. To prepare and record a new plat replacing all or a portion of a previously recorded plat that has been vacated.

SKETCH PLAN. A preliminary sketch drawing of a subdivision plat conforming with the requirements stated herein, and used in the preapplication procedure prior to submission of the preliminary plat.

STREET. Property acquired or dedicated to and accepted by the city as right-of-way, other than an alley, for the principal means of public access to abutting property. The term includes the detailed set of functional classifications outlined in the Development Process Manual in Chapter 4, Transportation.

SUBDIVIDER. Any person creating a subdivision, including the owner, equitable owner or any authorized representative.

SUBDIVISION. The division of any lot or tract of land into two or more lots for the purpose, whether immediate or in the future, of sale, lease or development. SUBDIVISION does not include the following:

(1) Any residual land retained by the subdivider after SUBDIVISION but which has not been divided for SUBDIVISION purposes;

(2) The sale or lease of apartments, offices, stores or similar space within a building;

(3) Any division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land;

(4) Any division of land created by court order, except court orders involving land grant adjudications; and

(5) The leasing of land for grazing or farming activities.

VACATION OF PLAT. To formally remove a plat from record, as recorded in the office of the County Clerk.

(’87 Code, § 9-2-5) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 01-020; Am. Ord. 25-27. Formerly 155.06)

155.08 VIOLATIONS. Revised 3/26

(A) Construction which violates any provision of these regulations is strictly prohibited and no building permit shall be authorized except in those cases where modifications or exceptions have been granted by the Planning and Zoning Board prior to start of construction.

(B) Violations without authorization by the Planning and Zoning Board shall bring cause for legal action by the city to have the construction violation stopped, corrected and/or removed and a penalty assessed.

(’87 Code, § 9-2-19) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27. Formerly 155.07)

PLATTING PROCEDURE

155.20 PROCEDURE GUIDANCE. Revised 3/26

(A) 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 Development Services Department shall furnish the subdivider with basic information on the requirements. Please refer to DPM Chapter 2, Procedures, for all plat requirements.

(B) Any proposed subdivision replat or vacation of plat occurring within the corporate limits of the city shall conform to the requirements of these regulations and shall be submitted for review and approval by the Planning and Zoning Board prior to filing with the County Clerk, before beginning improvement activities or negotiating sale or lease of any lot within the proposed subdivision.

(D) Any proposed subdivision, replat or vacation of plat occurring outside the corporate limits but within the five-mile planning and platting jurisdiction of the city shall conform to the requirements of these regulations and, as supplemented by the provisions of the subject county land subdivision regulations, and shall be submitted for concurrent review and approval by the Planning Board and the Board of County Commissioners prior to filing with the subject County Clerk, before beginning improvement activities or negotiating sale or lease of any lot within the proposed subdivision.

(E) In order to provide guidance to subdividers concerning acceptable proposed plats, the following matters are fundamental:

(1) Geographic suitability.

(a) The intended purpose of the subdivision shall not conflict with any officially adopted plan of the city that references the area to be subdivided.

(b) The availability of adequate paved streets, fire protection, police protection, refuse service, public schools, parks and recreation facilities, and utility services shall all be weighed in considering the subdividing of land. They are not all necessarily required.

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

1. Special drainage conditions;

2. Difficult topography;

3. Soil conditions which are unusually limiting; and

4. Other geographic hazards to life, health or property.

(2) Grading.

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

(b) The subdivider shall preserve major trees, scenic points, historic places and other community landmarks wherever feasible or required.

(3) Master plan.

(a) If the subdivider owns or controls land contiguous to the land they wish to subdivide immediately, the Planning and Zoning Board may require the subdivider to submit a proposed master plan for the total area to be approved or approved in modified form by the Planning and Zoning Board prior to approval of the preliminary plat. Any plat submitted shall be a reasonable planning unit in relation to the approved master plan. The proposed area plan shall show proposed use type and densities as well as proposed arterial, collector and local street alignments.

(b) If the proposed master plan will significantly alter the provisions of any officially adopted plans of the city, the subdivider shall also request amendment to those adopted plans. Please refer to DPM Chapter 2, Procedures, for all master plan requirements.

(c) All proposed street alignments shown in the master 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, shall all proposed sewer, water and drainage lines be made to extend, complement and conform to existing and proposed.

(’87 Code, § 9-2-6) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.21 PREAPPLICATION. Revised 3/26

(A) Submission. The developer may submit a sketch plan of a preliminary plat to the Development Review Committee (DRC) for guidance from all requisite city departments in a single setting format. Please refer to DPM Chapter 2.

(B) The sketch plan may include a location map, current topographic survey showing the proposed layout of streets, lots and other features in relation to existing conditions and list the name and address of the subdivider and their agent, total area of the proposed plat, the existing conditions of the site, and the proposed development as necessary to supplement the sketch plan. This information may include data on existing covenants and land characteristics, including surface drainage, grading, landfill areas, and available private and municipal utilities. This information may also describe the subdivision proposal, such as the number and typical lot width and depth of residential lots, business areas, public areas and proposed utilities.

(’87 Code, § 9-2-8) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.22 PRELIMINARY PLAT. Revised 3/26

(A) Application. Upon reaching a general understanding established by the preapplication review, the subdivider shall submit to the Development Services Department an application on prescribed forms, together with a digital copy of the preliminary plat, improvement plans and other supplementary material as specified herein. Refer to the DPM Chapter 2, Procedures, for preliminary plat procedures and checklist.

(B) Review. Within 10 business days, the Development Services Department shall review the required preliminary plat and supplementary material for completeness and provide a response to the applicant. The response will either state that the application is complete and will be reviewed further or the response will deem the application incomplete and note the missing items. Once the application is deemed complete, the Development Services Department shall request comments from city staff and other governmental agencies as may be appropriate.

(1) Following review of the required preliminary plat and other material, and following negotiations with the subdivider on changes as may be deemed advisable, staff will schedule the application to be heard by the Planning and Zoning Board on the next available agenda. Any reviewing agency, other than the city staff, such as local flood control authority, franchised utility, state or multi-county governmental agency, may be requested to review the submitted materials. After the last opinion requested of an agency is received, the Planning and Zoning Board shall act on the preliminary plat. The Planning and Zoning Board as may be deemed advisable will make the final determination of approval, approval with conditions, or denial at their meeting and a notice of the decision will be sent to the applicant within one week. However, if it is found that additional information is needed to make a decision, the time period within which the Planning and Zoning Board must act may require reasonable extension. If the preliminary plat is approved, the Planning and Zoning Board shall express its conditional approval and state the conditions of the approval, if any. If the plat is disapproved, the Planning and Zoning Board shall express its disapproval and its reasons therefor. The action of the Planning Board shall be noted on the preliminary plat, referenced and attached to any condition determined.

(2) 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.

(D) Public hearing. No plat shall be acted upon without a public hearing. Refer to DPM Chapter 2, Procedures, for requirements on public notices and public hearings. Chapter 150 has a listing of what type of public notice is required for each type of application.

(E) Longevity. Approval of a preliminary plat is effective for two years unless extended by the Planning and Zoning Board, based on a finding that the delay has been unavoidable and the extension is in the public interest. No more than two extensions for one year each may be granted for the same preliminary plat. The applicant shall follow requirements in DPM Chapter 2 on preliminary plat extension procedure.

(F) If the applicant is planning a multi-phase subdivision, a preliminary pat shall be approved separately for each phase.

(G) If the applicant intends to make changes to the approved preliminary plat, such as changes to lot count, configuration and circulation, the change may require approval from the Planning and Zoning Board.

(’87 Code, § 9-2-9) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 21-04; Am. Ord. 25-27)

155.23 PRELIMINARY PLAT APPROVAL; PLANS AND REQUIRED INFORMATION. Revised 3/26

(A) The subdivider shall submit a digital copy of the preliminary plat to the Development Services Department. The preliminary plat shall include all land owned or controlled by the subdivider, which is or may be suitable for subdivision or development, and adjoins the land proposed to be subdivided. The preliminary plat shall be drawn to a scale of one inch to 200 feet or larger; one inch to 100 feet is preferable 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. Further requirements are listed in DPM Chapter 2, Procedures, preliminary plat requirements.

(B) The preliminary plat shall contain the following information:

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

(2) Graphic scale and north arrow;

(3) Identification clearly stating the plat is a preliminary plat;

(4) Proposed location and type of subdivision control monuments found or set;

(5) Plat boundary lines, bearing in degrees, minutes and seconds, with basis for bearings noted or shown, distances in feet and hundredths of a foot;

(6) Existing conditions of the site and the surrounding area including the following:

(a) Present site designation or subdivision name;

(b) Easements on site: location, width and purpose;

(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 North American Vertical Datum 1988 (NAVD88) as established by the U.S. Coast and Geodetic Survey and/or the National Geodetic Survey:

1. For land that slopes less than 1%, contour lines at intervals of not more than one foot;

2. For land that slopes between 1% to 5%, contour lines at intervals of not more than two feet; and

3. For land that slopes more than 5%, 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;

(7) Vicinity map showing location of the site in relation to well known landmarks, abutting property owners and municipal boundaries;

(8) Locations, dimensions and purpose of all easements, and labels for each as public or private;

(9) Proposed lot lines with dimensions of lot widths and depths shown; public right-of-way and street widths; indicate roadways intended to be private; locations of planned water wells, reservoirs, and pump stations; rights-of-way for public services or utilities, and any limitations thereof;

(10) Number or letter to identify each proposed lot and block;

(11) Locations, dimensions, approximate areas and purposes of lots proposed to be dedicated for public uses, or development fees proposed to be paid in lieu thereof, in accordance with design standards specified in this chapter;

(12) Sites and approximate area for any multi-family dwellings or nonresidential use; and

(13) Proposed changes to ground elevations, to standards specified herein.

(C) Storm drainage management. For the purpose of minimizing or eliminating damage resulting from stormwater 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:

(1) 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.

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

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

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

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

(D) 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. Subdivisions reviewed by the summary procedure of these regulations may be exempt from this subsection unless the Planning and Zoning Board determines the analysis to be in the public interest.

(E) 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.

(F) 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 and Zoning Board.

(’87 Code, § 9-2-10) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.24 FINAL PLAT. Revised 3/26

(A) Submission. Application for approval of the final plat shall be submitted to the Development Services Department, and must include the application form, the final plat checklist, all items referenced in the checklist, the final plat and other supplementary material as specified herein. The final plat shall be submitted within 24 months following approval of the preliminary plat; otherwise, the approval shall become null and void unless an extension of time has been granted by the Planning and Zoning Board. The final plat shall conform substantially to the preliminary plat as approved and conditioned. Refer to DPM Chapter 2, Procedures, for final plat procedures and checklist.

(B) Review. When the Development Services Department deems the final plat application complete, the submission will be scheduled for the next available Planning and Zoning Board meeting. The Planning and Zoning Board shall review the final plat, staff report, and other exhibits submitted for conformity to these regulations, and shall ensure that the conditions of the preliminary plat as approved have been met.

(1) If the final plat is in conformance with the preliminary plat as approved and conforms with these regulations, it shall be approved by the Planning and Zoning Board. Should the final plat be disapproved, the Planning and Zoning Board shall express in writing the reasons for disapproval. The reasons for disapproval shall be referenced and attached to two copies of the final plat.

(2) Per NMSA § 3-20-7, the Planning and Zoning Board shall approve or disapprove the final plat within 35 days after the Development Services Department deems the final plat application to complete, unless the subdivider agrees in writing to a deferral. If the final plat is approved by the Planning and Zoning Board, the approval shall be recorded on the face of the original drawing of the final plat and shall be dated and verified by the signature of the Chairman of the Planning and Zoning Board.

(3) Following final plat approval, the applicant shall work with city staff on remaining infrastructure improvements and any other action items in the conditions of approval. For additional guidance, staff will provide the applicant the finding of fact documentation and will indicate contacts for coordination on remaining tasks.

(D) Recording.

(1) The final plat is in full force and effect only after having been duly recorded in the office of the County Clerk and copies filed with the city. 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 Planning and Zoning Board. Submittal for recording is the subdivider’s responsibility.

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

(a) Format. The digital copy shall be submitted in a format that follows DPM Chapter 2, Procedures, Digital Record Drawing Requirements, and approved by the City Development Services Department.

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

1. SUBD: legal subdivision boundary (coincident with narrative);

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

3. RDCL: road center lines (public or private);

4. ROAD: platted right-of-way;

5. RDEAMT: access easements across lots;

6. PUESMT: public utility easements;

7. DESMT: drainage easements;

8. ATRIBTS: attributes shall consist of and be labeled as:

a. Parcel, labeled as Par.

b. Lots shall be lot numbers only.

c. Tract, labeled as Tr.

d. Block, labeled as Blk;

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

10. SIGBLK: shall consist of the signature blocks on plat which shall conform to the samples provided per DPM Chapter 2, Procedures, signature blocks; and

(c) Geographic extent. The digital copy shall have contiguous layers of the subdivision and shall not be divided into sheets.

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

(E) 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 Planning and Zoning Board 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.

(F) Acceptance of land. Approval of the final plat by the Planning and Zoning Board shall be deemed to constitute acceptance by the city of dedication of public rights-of-way, and other proposed public easements so long as they are clearly marked as “Public,” provided the final plat is properly recorded with the subject County Clerk and the city.

(’87 Code, § 9-2-11) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.25 FINAL APPROVAL; PLANS AND REQUIRED INFORMATION. Revised 3/26

(A) Final plat. The subdivider shall submit a digital copy of the final plat to the Planning and Zoning Board for approval in accordance with the following provisions. Further requirements are listed in DPM Chapter 2, Procedures, final plat detail requirements.

(B) Size, scale, material. The final plat shall be on sheets no larger than 24 by 36 inches, and shall be at a scale of one inch to 200 feet, or one inch to 100 feet when practical. 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.

(1) Name of subdivision;

(2) Title, scale, north arrow and date of survey;

(3) 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;

(4) 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;

(5) Reference the plat to the state Plane Coordinate System; total acreage of subdivision to four decimal places;

(6) 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;

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

(8) Number or letter to identify each lot and block when combining lots; do not duplicate lot numbers. An example of the correct process is Lot 5 + Lot 6 = Lot 5A;

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

(10) Reference to recorded subdivision plats of adjoining platted land by recorded name, date, book and page number in the office of the County Clerk;

(11) Mileage of streets created:

(a) Total;

(b) Full-width streets; and

(12) Certification by the County Treasurer or by a duly qualified abstract company that the previous 10 years’ property taxes due and payable have been paid in full, and that the current year estimated (or determined) tax has also been paid in full;

(13) 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;

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

(15) 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 they prepared or supervised preparation of the plat, that they have shown all easements of record, and that it meets design standards for surveying;

(16) Certification that all monuments are in place; and

(17) Other certificates, affidavits, endorsements or dedications as may be required by the Planning and Zoning Board in the enforcement of these regulations.

(’87 Code, § 9-2-12) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.26 SUMMARY PROCEDURE. Revised 3/26

(A) In accordance with the alternate summary procedures authorized by NMSA § 3-20-8, the Development Services Department 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. Summary procedure shall follow DPM Chapter 2, Procedures, summary plat procedure. The summary approval shall be given only when one or more of the following conditions exist:

(1) 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.

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

(3) Subdivisions of two or more parcels of land in areas zoned for industrial use.

(B) 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. If the subdivision plat application does not meet the standards for plans and required information for both preliminary and final plats, the Development Services Department may defer approval to the Planning and Zoning Board.

(C) The City Development Services Department Director shall furnish the Planning and Zoning Board with monthly reports documenting those subdivisions approved administratively.

(’87 Code, § 9-2-13) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.27 REQUIRED IMPROVEMENTS. Revised 3/26

(A) 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 Development Services Department with all plans and required information necessary for the construction of the improvements. These plans shall be examined by the Development Services Department and will be approved if in accordance with the following requirements. Following the approval, construction can be started or the amount of bond determined.

(B) 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:

(1) Complete installation of the improvements prior to approval of the final plat;

(2) Submission of a subdivision improvement agreement (SIA) along with 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 Development Services Department providing for and securing to the city, the actual construction and installation of the improvements and utilities within a period not to exceed two years;

(3) 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;

(4) 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;

(5) 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 10-year time limit; and

(6) The subdivision may be developed in segments whereby the Planning and Zoning Board, 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 25 lots or 50% of the total number of lots in the subdivision, whichever is less. The Planning and Zoning Board 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 25 lots or 50% 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.

(C) 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:

(1) Permanent markers. Subdivision control monuments must meet the state’s current New Mexico Minimum Standards for Surveying, as amended.

(2) Street improvements. All streets shall be graded and the roadway improved by paving under the supervision of the City Engineer and subject to their approval in accordance with the design standards provided in this chapter and DPM Chapter 4, Transportation.

(3) Sidewalks.

(a) Provision. Sidewalks and/or shared paths shall be provided by the developer and shall be constructed under the supervision of the City Engineer and subject to their approval in accordance with the design standards outlined in DPM Chapter 4, Transportation.

(b) Warrants. Sidewalks shall be required on both sides of arterial and collector streets when abutting land zoned for nonresidential and multifamily, and when abutting church and school grounds. Sidewalks shall be required on both sides of all local streets in a logical manner to facilitate pedestrian access. Shared use paths may be constructed in lieu of sidewalks on collector and arterial roadways. Either a sidewalk or shared use path must be provided on both sides of the street. Shared use paths shall not be built in lieu of on-street bicycle facilities where such facilities are required. For specific design standards for sidewalks and shared use paths, please reference DPM Chapter 4, Transportation.

(4) 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 City Engineer. Refer to DPM Chapter 5, Water and Wastewater.

(5) Drainage. Construction of drainage improvements and other means of stormwater management shall be under the supervision and approval of the City Engineer. Refer to DPM Chapter 3, Drainage, Flood Control and Erosion.

(6) Adoption of the fire code. For the purpose of regulation of fire hazards, control of fires and fire prevention, refer to Chapter 93.

(7) Street lighting. Street lighting shall be provided in accordance with the standards in DPM Chapter 4, Transportation, lighting and signing.

(8) Private wells and septic systems. Refer to Chapter 53, Domestic Water Well Permitting, and Chapter 51, Water and Wastewater Rules and Rates.

(D) Approvals. Approvals by the City Engineer 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 24 months of the approval. In the event the authorized work or improvement is suspended or abandoned for a period of 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 City Engineer.

(’87 Code, § 9-2-14) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.28 CHARACTER OF DEVELOPMENT; MODIFICATIONS AND EXCEPTIONS. Revised 3/26

(A) The Planning and Zoning Board 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:

(1) To be in line with Chapter 154, Planning and Zoning.

(2) 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. For example, lot scale shall be compatible with existing neighboring development.

(3) To create a subdivision with a sense of community and one that will contribute to the quality of life for those that inhabit it.

(B)(1) Whenever the tract to be subdivided is of an unusual size or shape or is surrounded by the development or unusual conditions that the strict application of these regulations would result in real difficulties and substantial hardships, the Planning and Zoning Board may vary or modify the requirements, so that the subdivider is allowed to develop their property in a reasonable manner, but at the same time so that the public welfare and interests of the city are protected and the general intent and spirit of these regulations are preserved.

(2) However, relief may not be granted if it is detrimental to the public good or impairs the intent and purpose of these regulations or the desirable developments of the community in accordance with plans and policies of the Governing Body. Any modification granted shall be entered in the records of the Planning and Zoning Board setting forth the reasons which justified the modifications. Further, in granting modifications and exceptions, the Planning and Zoning Board may place conditions which will in its judgment substantially secure the objectives of the standards or requirements involved.

(’87 Code, §§ 9-2-16, 9-2-17) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.29 VACATION OF PLAT. Revised 3/26

(A) This section does not require 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.

(B) Any plat filed in the office of the subject County Clerk and within the planning and platting jurisdiction of the city may be vacated according to the following procedures:

(1) 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 Planning and Zoning Board for approval.

(2) In considering the vacation of all or part of a public right-of-way, the Planning and Zoning Board shall determine whether or not the vacation will adversely affect the interests of persons owning contiguous land or land within the subdivision being vacated.

(3) 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.

(C) A decision on approval and endorsement shall be made at a hearing by the Planning and Zoning Board. If approved by the Planning and Zoning Board, the statement of vacation is endorsed “approved.” The endorsement shall be within 10 days of the conclusion of the hearing.

(D) The vacation is in effect only after the approved statement declaring the vacation has been recorded in the office of the 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 Development Services Department.

(’87 Code, § 9-2-18) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 21-04; Am. Ord. 25-27)

155.30 BULK PLAT. Revised 3/26

(A) A bulk plat is required for the division of land that is primarily intended to facilitate transfer to intermediate land holders, not to create parcels available for development without further subdivision approvals. A checklist of application requirements is provided in DPM Chapter 2, Procedures, checklist for submittal of preliminary plats/bulk plats.

(B) All bulk plats must include the following:

(1) Title of plat.

(2) Subtitle of plat.

(3) Date of plat.

(4) Vicinity map with major roads labeled and site indicated.

(5) North arrow.

(6) Scale of at least one inch to 200 feet in standard engineering increments (100 feet is preferable).

(7) Statement noting purpose of plat.

(8) Plat boundary (boldest lines on plat) annotated with bearings in degrees, minutes and seconds, with basis for bearings noted or shown and dimensions in feet to the nearest hundredth foot (0.00).

(9) Location and description of all monuments found or set within the plat area and tie to State Plane Coordinate System, Central New Mexico Zone.

(10) Easements (existing) including location, dimensions, type and party receiving easement.

(11) Easements (proposed) including location, dimensions, type and party receiving easement.

(12) Right-of-way (existing along or intersecting plat boundary), including name, location, dimensions and purpose or nature.

(13) Monument description and location.

(14) Disclosure statement.

(15) Legal description, county recording information (date of recordation and all applicable volume, folio and document numbers) and City of Rio Rancho book and page number for the subject property and abutting properties.

(16) Signature blocks for utilities, city departments, County Treasurer, County Clerk and, if necessary, Southern Sandoval County Flood Control Authority.

(17) Registered New Mexico surveyor certification.

(18) Jurisdictional affidavit.

(19) Name and address of applicant and agent.

(20) Zoning of subject property.

(21) Area of plat to the nearest ten-thousandth (0.0000) acre.

(22) Lot, tract (land reserved by applicant for future subdivision or development ancillary to the subdivision, e.g., landscaped area, utility corridor) and parcel (land dedicated to the city or other public agency) boundaries.

(23) Numbers or letters to identify each lot and block (contiguous grouping of lots).

(24) Letters to identify each tract or parcel.

(25) Purpose of tracts and parcels.

(26) Boundaries of vacated right-of-way, easements or lot lines.

(Ord. 25-27)

DESIGN STANDARDS

155.40 COMPLIANCE. Revised 3/26

All subdivisions within the city planning and platting jurisdiction shall conform to minimum design standards established by the city. Refer to DPM as specified.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.41 STREETS. Revised 3/26

(A) The character, extent, width and location of all streets shall conform to any area plan, 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. Refer to DPM, Chapter 4, Transportation.

(B) 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:

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

(2) 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.

(D) Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Development Services Department 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.

(E) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city under conditions approved by the Planning and Zoning Board.

(F) 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.

(G) 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 requirements of Chapter 157, Naming; Renaming Streets.

(H) Streets shall be laid out to intersect as nearly as possible at 90-degree angles.

(I) Street jogs with centerline offsets shall be avoided, but where necessary shall have a minimum offset of 125 feet.

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

(K) Property lines at street intersections shall be rounded with a radius of 10 feet, or of greater radius where the Development Services Department may deem it necessary. Comparable cutoffs or chords in place of round corners may be permitted. Refer to the State Access Management Manual (SAMM).

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

(M) All street gradients shall be subject to approval of the City Engineer. Minimum and maximum gradient shall follow the standards in DPM Chapter 4, Transportation.

(N) Right-of-way street type pavement width and width of streets and alleys shall be provided in accordance with DPM Chapter 4, Transportation.

(O) All streets shall be graded and the roadway improved in all accordance with DPM and any other standard specifications of the city and with the supervision and approval of the City Engineer.

(P) Alleys shall be provided in commercial and industrial districts. However, the Development Services Department 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.

(Q) 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 City Engineer and subject to their approval.

(R) The width and horizontal location of sidewalks shall conform to the standards in DPM Chapter 4, Transportation.

(S) Trails and multi-use paths shall follow standards in DPM Chapter 6, Parks and Trails Design.

(T) Street numbers designating building numbers shall be in compliance with Section 154.81 and building numbers shall be designated during plat approval procedure.

(U) Street lights shall be located in accordance with DPM Chapter 4, Transportation.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.42 DRAINAGE. Revised 3/26

Adequate provision shall be made for drainage of stormwater subject to the approval of the City Engineer in accordance with DPM Chapter 3, Drainage, Flood Control and Erosion, and requirements pursuant to the National Flood Insurance Program of the Federal Emergency Management Agency. Please refer to DPM Chapter 2, Procedures, Engineer’s Certification Checklist for Subdivisions, when certifying compliance with an approved drainage report or grading and drainage plan for subdivisions when required for the release of financial guarantees associated with an executed subdivision improvement agreement.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.43 EASEMENTS. Revised 3/26

A public utility easement of at least 10 feet in width shall be provided and dedicated on each side of all lot lines abutting city right-of-way. Additional easements within lots and alongside rear and side lot lines shall be granted 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 containing 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. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that ensures access and maintenance rights shall be recorded with the approved subdivision or major partition plat. Follow standards in the appropriate section of the DPM as it relates to required easements.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 01-020; Am. Ord. 25-27)

155.44 BLOCKS. Revised 3/26

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.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.45 LOTS. Revised 3/26

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.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.46 PARKS, RECREATIONAL SPACES. Revised 3/26

(A) The Planning and Zoning Board shall require adequate provision for suitable development park area or undeveloped park area in each subdivision. The park area shall follow procedures and standards in DPM, Chapter 2, Procedures, and Chapter 6, Parks and Trails Design.

(B) The subdivider shall allot a portion of the land suitable for the park area for the future residents of the subdivision. The allotted land shall conform to city standards as defined in this subchapter.

(C) The amount of land allotted shall be generally based upon three acres per 1,000 persons and 2.83 persons per dwelling in single-family areas and shall be generally equivalent in other areas. The total land allotted may be within 10% of this calculation and may not be contiguous if it is privately owned and maintained.

(D) The subdivider shall provide utility connections for the development of the dedicated land.

(E) A park smaller than three acres in size shall be considered a pocket park, for which the design shall be coordinated with the Parks, Recreation and Community Services Department to ensure minimum safety standards and ADA guidelines are met. A pocket park must be managed and maintained by an HOA.

(F) A park between three and 10 acres in size shall meet the standards of a neighborhood park detailed in DPM Chapter 6, Parks and Trails Design. A park between 10 and 20 acres in size shall meet the standards of a community park detailed in DPM Chapter 6, Parks and Trails Design. The subdivider shall provide utility connections for the development of the dedicated land.

(G)(1) For subdivisions containing 10 acres or less, in lieu of the required land dedication, the city may accept payment of a fee based upon the fair market value of the amount of land which would otherwise be required to be dedicated. However, all new subdivisions, regardless of size, must have at a maximum, a one-half mile walk from the nearest park via ADA accessible trails or sidewalks. Also, submittal of subsequent subdivisions involving adjacent or contiguous land will be considered a subterfuge to defeat the purposes of this chapter and the subdivider must comply with the requirement for public sites and open spaces.

(2) Fair market value shall be determined in an appraisal provided to the city by the developer from a city approved certified appraiser. The appraisal shall be obtained after the preliminary plat is approved and before the final plat is approved by the Planning and Zoning Board.

(H) Park land which will ultimately be under city ownership shall be indicated on the preliminary plat as park land and dedicated by warranty deed. Parks must receive acceptance by the Parks, Recreation and Community Services Department prior to recording the warranty deed.

(I) Notwithstanding any other provisions of this chapter, any requests for waivers or variances from the requirements for public sites or open space for recreational use shall be submitted to the Planning and Zoning Board through the Development Services Department. The Planning and Zoning Board shall make and submit recommendations to the Governing Body for its approval, disapproval or modification at an open meeting.

(’87 Code, § 9-2-15) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

ADMINISTRATION AND ENFORCEMENT

155.60 VARIANCES. Revised 3/26

(A) 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.

(B) A request for a variance shall be submitted to the Planning and Zoning Board through the Development Services Department.

(C) The Planning and Zoning Board shall approve or disapprove the variance request at one of its regular meetings, or at a special hearing if necessary.

(’87 Code, § 9-2-20) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 21-04; Am. Ord. 25-27)

155.61 FEES AND PENALTIES. Revised 3/26

(A)(1) Land dedication fee. The fees received under this chapter shall be placed in a separate “public site and/or open space purchase and improvement account,” and shall be used by the city only for acquisitions, development and improvement of public site and/or open space facilities to serve the subdivision for which the fees have been paid.

(2) Payment in lieu of land dedication. Payment in lieu of land dedication shall be paid at the time the certified appraisal is accepted by the Parks, Recreation and Community Services Department.

(B)(1) Transferring lots in unapproved subdivision.

(a) Any owner or agent of the owner, of any land located within the planning and platting jurisdiction of the city, who leases, transfers, sells, agrees to sell or negotiates to sell land by reference to or exhibition of a plat of the land before being duly approved by the Planning and Zoning Board and duly recorded in the office of the subject County Clerk, shall upon conviction be subject to a fine not exceeding the maximum according to state law.

(b) Each and every lot or portion thereof so leased, transferred, sold, agreed to be sold, or negotiated to be sold shall be prosecuted and treated as a separate offense. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties.

(2) Improper recordings. Any person who records with the County Clerk any plat in violation of these regulations shall upon conviction be subject to a fine not exceeding the maximum according to state law.

(’87 Code, §§ 9-2-21, 9-2-22) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.62 APPEALS. Revised 3/26

An aggrieved party may appeal the final decision as outlined in Section 150.08, Appeals. The appeal will only be considered if the claim is based on a violation of city standards.

(’87 Code, § 9-2-23) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 18-28; Am. Ord. 25-27)

155.63 AMENDMENTS. Revised 3/26

The Governing Body may, from time to time, amend or modify these regulations after public hearing, due notice of which shall be given as required by law.

(’87 Code, § 9-2-24) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)

155.64 PUBLIC RECORDS. Revised 3/26

The Planning Board shall keep public records of findings, decisions and recommendations concerning all subdivision plats filed with it for review, including actions as may be taken by the Governing Body through appeals or amendments to these regulations.

(’87 Code, § 9-2-25) (Ord. 81-6; Am. Ord. 91-037; Am. Ord. 96-019; Am. Ord. 97-025; Am. Ord. 25-27)