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A. Authority. These "Land Subdivision Regulations" are adopted on the authority granted under Sections 14-18-6 and 14-19-14.1 of the New Mexico Municipal Code, 1968 edition [N.M.S.A. 1978, sections 3-19-6 and 3-20-16]. B. Jurisdiction. These "Land Subdivision Regulations" shall govern all platting or replatting of land within the municipality (and all of the territory lying within three (3) miles of the municipality's corporate limits.) C. Penalties and enforcement. No person shall subdivide land, nor shall construction of any kind commence on subdivided land prior to the approval of a subdivision of the land by the Planning Commission and prior to the recording of the subdivision in the Office of the County Clerk and Recorder of the County. Until the planning commission has approved a subdivision, the owner (or his agent) of the land being subdivided shall not transfer or sell the land, or any part of it, by reference to or the exhibition of, or any other use of a plat (or his agent) shall be guilty of a misdemeanor and upon conviction shall be penalized in the manner prescribed by law. The description by metes and bounds in an instrument of transfer shall constitute prima facie evidence of an evasion of these Regulations and that a misdemeanor has occurred. D. Acceptance of public lands. Approval of a subdivision by the Planning Commission shall not constitute an acceptance by the Municipality (or the County, as the case may be), of the streets, alleys, public ways, easements, parks or other public lands dedicated on the subdivision plat by the owners. The dedication of any or all of these lands for public use of any nature within the municipality shall be accepted by the municipality by action of the City Council only, (or for dedicated public lands lying outside the corporate limits of the municipality, by the County by action of the Board of County Commissioners of San Juan County.) E. Community assets. In all subdivisions, due regard shall be shown for all natural features such as natural vegetation, watercourses and similar community assets which, if preserved will add, in the opinion of the Planning Commission, attractiveness and value to the area or to the municipality. F. Suitability of the land for subdividing. The Planning Commission shall not approve the subdivision of land if, following thorough investigations by all agencies concerned, 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; provided the findings of such investigations resulting in disapproval of the plat shall be in writing and dated and the disapproval verified by the signatures of all members of the Planning Commission. Land subject to flooding and land deemed topographically unsuitable for building, or for other reasons uninhabitable, shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, safety, or welfare or aggravate erosion or flood hazard. Such land shall be set aside within the plat for such uses as shall not be endangered by periodic or occasional inundation or shall produce unsatisfactory living conditions. G. Conflicts with other regulations: 1. No final plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms with such ordinance. A summary of the major setback and area requirements contained in the Zoning Ordinance is hereby included in this Ordinance as Exhibit I. Exhibit I is included for purposes of general reference only and is not to be used as a complete summary of all requirements contained in the Zoning Ordinance. (Ord. No. 116, § 1, 6-26-78) EXHIBIT I
SUMMARY OF SETBACK AND AREA
(Ordinance No. 89 amended by Ordinance No. 115) Height and area requirements for the various districts shall be as indicated in the chart below, as supplemented by other height and area requirements contained in the City of Bloomfield Zoning Ordinance.
* This requirement applies to single-family homes ** This requirement applies to two-family homes *** This requirement applies to apartment and other principal uses 2. Whenever there is a discrepancy or conflict between minimum standards or dimensions noted herein and those contained in zoning regulations, building code, or other official rules and regulations of the municipality, or the County, as the case may be, the highest or most restrictive standard shall apply. H. Water rights. It is the declared policy of the City of Bloomfield, in adopting this Subdivision Regulation Ordinance, to require the property owners in the area included in the proposed subdivision to transfer to the City of Bloomfield in those instances in which it is possible to do so, water rights at least equal in amount to the treated water to be furnished by the City of Bloomfield to the owners of property within the proposed subdivision. Therefore, as a condition precedent to approval of the Final Subdivision Plat referred to in this Ordinance, all of the property owners in the Subdivision are required to convey to the City of Bloomfield, New Mexico, the following: (a) In those instances in which said property owners will continue to use irrigation water to irrigate the premises owned by them (i.e. the water to be furnished by the City of Bloomfield to land owners in the subdivision would be restricted to house use only) the said property owners will convey to the City of Bloomfield water rights owned by them collectively in an amount equal to a three-tenths (.3) acre foot for each lot in the proposed subdivision having an area of one-half (½) acre or less. (b) In those instances in which irrigation water will not continue to be furnished to the individual lots (that is, if any outside irrigation is used, the water for this irrigation will be furnished by the City of Bloomfield, New Mexico), the property owners owning property within the proposed subdivision will be required to transfer collectively to the City of Bloomfield water rights in an amount equal to six-tenths (.6) acre foot for each lot having an area of one-half (½) acre or less. (c) In those instances in which the lot or lots in the proposed subdivision exceeds one-half (½) acre in area, the water rights determined to be conveyed to the City of Bloomfield for that particular lot will be proportionately increased in the ratio of the square footage of said lot to twenty-one thousand seven hundred eighty (21,780) square feet (one-half (½) acre). (d) In those instances, in which water rights are not available to the property owner or the subdivider, the property owner or subdivider, shall pay the city, current market value of the water rights, as required. (Ord. No. 314, 5-21-98) I. Construction requirements; time limit. From the date of council approval of any subdivisions, a twelve-month limit shall be imposed on a subdivider for substantial tangible progress in construction to have been made. Following the twelve (12) months if substantial tangible progress has not been made the subdivider will be required to seek reapproval through the Planning and Zoning Commission and the City Council. Fees may be waived if deemed appropriate by the Council, but the City shall be permitted to add or reduce stipulations and requirements of the original approval. The City will be given notice at least two (2) weeks prior to the commencement of the construction, following approval of the Council to allow City officials sufficient time to prepare for enforcement of regulations. Subsequently, the City will inspect all aspects of the construction of the subdivision, which will eventually be dedicated to the City, thereby ensuring that all construction is performed to City's satisfaction. Inspection shall be allowed a minimum of once a week. Subdivider shall be given a list of all requirements at the time of application for a subdivision. |
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(Ord. No. 265, 2-14-94) |