§ 22-01-010. Definitions.

For the purpose of these regulations, which shall be known as and may be cited as "City of Alamogordo Subdivision Regulations," certain words used herein are defined as follows:

Access or access way. The public or private street by which pedestrians and vehicles shall have lawful and usable ingress and egress to a property line.

Alamogordo comprehensive plan. The current planning documents and related materials officially adopted by the city, containing the goals, objectives and policies pertaining to urban growth, community facilities, infrastructure, circulation, housing and other subjects related to the development of the city.

Alley. A public way, other than a street, intended for secondary access and service to the rear or side of the property.

Association, owner's. An association that is organized in a development in which individual owner's share common interests and responsibilities for cost and upkeep of common open space or facilities.

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad right-of-way, waterways, or any other barrier to the continuity of development.

Buildable area. The portion on a lot remaining after required setbacks and open spaces have been provided.

Building permit zone. That area within the extra-territorial jurisdiction of the city that is subject to inspection for building and related matters by city staff, as adopted by the city commission.

Building setback line. An imaginary line on private property established by ordinance or plat, which regulates the location of buildings or structures as they relate to the site property lines.

Building site. The ground area for a building or structure, together with all yards and open spaces.

Commercial unit development. A platted lot, zoned for commercial, manufacturing or industrial uses, which is further divided into more than one (1) lot and where all additional lots are provided access to a public or private street through a private easement. The access shall be a parcel of land over which a private easement for road purposes, having a minimum paved width of twenty (20) feet, is granted to all owners of property within the commercial unit development. In each instance the instrument creating such private easement, including the original agreement and any changes thereto resulting from the sale, lease or creation of additional lots, shall be held in perpetuity between all signatories, owners or lessees, to the agreement or their successors in interest, shall run with the land and be unseverable, and shall be duly recorded and filed with the office of the county clerk. A copy of the private easement instrument shall be provided with all building permit applications where a property is developed as a commercial unit development.

Commission, city. The governing body of the city. Final approval of all subdivisions in the planning and platting jurisdiction of the city rests with this body or the person or persons designated such authority by the governing body of the city.

Commission, county. The county commission of the County of Otero, which is responsible for the maintenance of any offered dedications, indicated on a plat outside the city, by the entry, use or improvement within the extraterritorial jurisdiction.

Commission, planning and zoning. The commission appointed by the mayor, which is responsible for making recommendations to the city commission regarding municipal planning, zoning and development within the area of the master plan.

Common open space. The private land in a planned development in which the owners have an undivided interest.

Concept plan or master plan. A plan for implementing an integrated development scheme for all phases of a proposed development, and is intended to provide a general consensus regarding compliance with this article.

Current. That which is in effect at the time of approval.

Cul-de-sac. A local street with only one (1) outlet having an appropriate terminus for the safe and convenient reversal of traffic movement.

Dedication. The offer and acceptance of an interest in property to the public for public use.

Development agreement. An agreement between the city and a property owner through which the city agrees to vest development use and intensity or refrain from interfering with subsequent phases of development through new city legislation in exchange for the provision of public facilities or amenities by the property owner in excess of those required under the current ordinance.

Driveway, private. A vehicular way, not serving more than one (1) lot or parcel of land.

Driveway, common. A vehicular way serving more than one (1) lot or parcel of land, where a maintenance agreement exists between the owners of the lots or parcels of land which utilize the common driveway.

Easement, private. A right-of-use granted for the limited use of private land owners and where general use and maintenance of such area is governed by an agreement which runs with the land and is recorded with the office of the county clerk. This easement is severable only by mutual consent of all of the parties that benefit from this easement.

Easement, public. An easement dedicated by subdivision plat or metes and bounds to and for use by the public, which is included within the dimensions or areas of lots or parcels.

Exempted subdivision. A division of land in the planning and platting jurisdiction of the city and qualifies to be exempt based on the seven (7) exemptions listed under the definition of a subdivision. This division is approved administratively similar to the summary procedure

Existing property. Any piece of land that has been platted or described by metes and bounds.

Extra-territorial jurisdiction (ETJ). The area within five (5) miles outside of the corporate limits of the city.

Filing. The process by which a person desiring approval of a subdivision makes application to the planning coordinator, which application meets all of the plat submission requirements.

Frontage. The line where a parcel of land, lot or site is adjacent to and contiguous to an easement or right-of-way either private or public.

Grade. The slope of any surface specified in percentage terms or in terms of elevation.

Grading. Any disturbance of the surface of the land with earth moving equipment.

Immediate family member. The husband, wife, father, step-father, mother, step-mother, brother, step-brother, sister, step-sister, son, step-son, daughter, step-daughter, grandson, step-grandson, granddaughter, step-granddaughter, nephew, and niece, whether related by natural birth or adoption.

Improvement. Any man-made, fixed item that becomes a part of or placed upon real property.

Intersection. The location where two (2) or more streets cross at grade.

Lot. A parcel of land occupied or intended to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot areas, as are required by this article and having frontage upon an easement or right-of-way either public or private and either shown on a plat of record or described by metes and bounds.

Lot area. The total area, measured in a horizontal plane, within the lot lines of a lot, expressed in either acres or square feet.

Lot, corner. A lot located at the intersection of two (2) or more streets.

Lot depth. The horizontal distance between the front and rear lot lines, measured as follows:

(1)

Where the lot lines are straight, from the midpoints thereof;

(2)

Where the lot line curves in (concave), from the midpoint of the chord;

(3)

Where the lot line curves out (convex), from the midpoint of the curve between the side property lines.

Lot, double frontage. Any lot having frontage on two (2) public streets which are nonintersecting.

Lot, interior. Any lot having frontage on one (1) street only.

Lot line. Any line that is a legal boundary of a lot as herein defined.

Lot line zero. The property line where the outside wall of a structure may be located.

Lot, panhandle. A lot, because of inherent limitations, lacks frontage except for access provided by way of a narrow projection of the lot to the street.

Lot, substandard. A lot that has less than the minimum area or minimum dimensions required in this article or for the zoning district in which the lot is located.

Lot width, average. The lot area divided by the lot depth.

Median. A strip of land that separates the opposing flows of traffic on a street.

Metes and bounds. A method of describing the boundaries of land by bearings and distances from a known point of reference.

Park zone. An area surrounding a proposed or existing park that can reasonably derive benefit from that park. Factors to be considered in determining a park zone shall include, but are not limited to, the following: the current city parks and recreation development zones map, the size of the park, the size and number of residential units in the surrounding neighborhoods, the amount of remaining open space in the area, and the benefit to the residential units in the area.

Pedestrian way. A specifically designated place, means, or way by which pedestrians shall be provided safe, adequate and usable circulation; normally provides access through the interior of a property or development. Does not include street or vehicular easement or right-of-way or required sidewalk along a street or vehicular way.

Phased development. A designated portion of a subdivision concept plan that has been approved for development.

Plans, street, utility and grading (SUG). The plan(s) required by the city for construction and installation of public improvements necessary to provide required services for proper development; including but not limited to, plans for grading, drainage facilities, water and sewer, open space, parks and other recreational space, streets, and illumination of streets.

Planned development. A development on property which is planned and built to achieve a cohesive relationship between uses and facilities; which has been platted in accordance with this article; and which either has received designation from the planning authority as a planned residential development or which is otherwise appropriately zoned.

Planning authority. The governing body of the City of Alamogordo, Otero County, New Mexico or the person or persons designated such authority by the governing body of the City of Alamogordo, Otero County, New Mexico.

Plat. The map, chart, survey, plan or replat certified by a licensed land surveyor containing a description of the subdivided land with ties to permanent monuments.

Plat, certificate of survey. A replat complying with section 3-20-2, NMSA 1978, as amended or superceded from time to time, provided that all applicable requirements are met. The resubdivision of platted tracts, which are less than one (1) acre and which are contiguous with each other, for the purpose of increasing or reducing the size of such contiguous tracts, but not less than the minimum standard size required by the political subdivision. A certificate of survey setting forth the legal description of tracts resulting from such resubdivision shall be filed with the proper planning authority, the county clerk and the county assessor.

Plat, correction. A plat, which may be administratively processed without city commission review, when the planning authority determines that the plat is correcting an error in the original plat. Affidavits prepared by the original surveyor and recorded with the county clerk, with city approval, are also acceptable methods of correcting minor plat errors.

Plat, final (FP). The plat that may be formally processed for final consideration by the planning authority and subsequently filed.

Plat, (conditional) preliminary. The map or plan tentatively describing the parcel of land, submitted for city staff review to permit incorporation of changes of design, street alignment and widths, lot arrangement, size and other design considerations.

Plat, preliminary/final. a plat, which may be formally processed without preliminary plat review when the planning authority determines the preliminary processing is unnecessary because of the uncomplicated nature of the plat.

Plat, summary. A plat that meets the criteria established for administrative final approval.

Plat, vacated. A subdivision, which is vacated through procedures described in this article, and is thereby made legally void.

Procedural determination conference. A conference between the subdivider or the subdivider's representative and city staff for the purpose of allowing city staff to determine specific procedural submission requirements for a given proposed subdivision and to insure that the subdivider and the subdivider's representatives are aware of and understand those requirements.

Public right-of-way. The property dedicated to and accepted by the governing body of the city, for use by the city. This transfer is in fee simple.

Recording. The act of processing a subdivision plat, which has been approved by the city as required by this article, as an official record in the office of the county clerk.

Replat. To re-subdivide all or part of a recorded subdivision and which does not require the vacation of an entire preceding plat.

Reserve strip. A parcel or tract of land that the city feels may be necessary in the future to continue and to preserve access for future developments in the area. Should development occur and this tract not be utilized it shall revert to the subdivider (also see street stub).

Re-subdivision. See "replat."

Sewage disposal system, on-site. One (1) or more systems of treatment devices and disposal facilities that are used only for disposal of sewage produced on the site where the system is located.

Sewerage facilities. The devices and systems which transport domestic wastewater from residential or commercial property, treat the wastewater, and dispose of the treated water in accordance with the minimum state standards.

Street, arterial. Streets that are used primarily for fast or heavy traffic.

Street, collector. Streets that carry traffic from local streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

Street, local. Streets used to carry traffic to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

Street, marginal access. A frontage road which limits the access of traffic to an arterial.

Street, public. The land dedicated to the use of the public and which has been accepted for maintenance and control by the city, county or state.

Street centerline. The line midway between the sidelines of the street right-of-way.

Street, stub. A street that has been designed to allow for the future extension of the street through subsequent subdivisions (see reserve strip).

Subdivider. Any property owner(s), or representative(s) thereof, who is/are dividing or proposing to divide land so as to create a subdivision.

Subdivision. For the purpose of approval by the city is:

(1)

For the area of land within the corporate boundaries of the city, the division of land into two (2) or more parts by platting or by metes and bounds description into tracts for the purpose of:

a.

Sales for building purposes;

b.

Laying out a municipality or any part thereof;

c.

Adding to a municipality;

d.

Laying out suburban lots; or

e.

Resubdivision.

(2)

For the area of land within the extraterritorial subdivision and platting jurisdiction of the city (as defined in section 3-20-5, NMSA, 1978), the division of land into two (2) or more parts by platting or by metes and bounds description into tracts of less than five (5) acres in any one (1) calendar year for the purposes of:

a.

Sale for building purposes;

b.

Laying out a municipality or any part thereof;

c.

Adding to a municipality;

d.

Laying out suburban lots; or

e.

Re-subdivision.

(3)

However, subdivision does not include:

a.

The sale or lease of apartments, offices, stores, or similar space within a building.

b.

The division of land created by court order where the order creates no more than one (1) parcel per party.

c.

The division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased.

d.

The division of land to create burial plots in a cemetery.

e.

The division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this shall be limited to allow the seller or donor to sell or give no more than one (1) parcel per tract of land per immediate family member and shall be further limited to those divisions which do not result in any parcel being smaller than two (2) acres or lacking legal access, and provided further that no new parcel created may be sold or transferred, other than to an immediate family member, for a period of three (3) years after such creation.

f.

The division of land created to provide security for mortgages, liens, or deeds of trust, provided that the division of land is not the result of a seller-financed transaction.

g.

The division of land to create a parcel that is donated to any trust or nonprofit corporation granted an exemption from federal income tax, as described in section 501(c)(3) of the U.S. IRS Code of 1986, as amended; school, college, or other institution with a defined curriculum and a student body and faculty which conducts classes on a regular basis; or to any church or group organized for the purpose of divine worship, religious teaching, or other specifically religious activity.

Technical standards, City of Alamogordo. The current detailed design standards developed in consultation with industry representatives and city staff. Said design standards and any amendments thereto are enforceable only after approval of the standards by the city commission and shall have the force of ordinance, and shall be in addition to this article and may from time to time supercede the requirements of this article.

(Ord. No. 1197, § 3, 3-23-04; Ord. No. 1228, § 1, 1-11-05)