THE VILLAGE OF TAOS SKI VALLEY

ORDINANCE NO. 08-25

AN ORDINANCE ADOPTING COMPREHENSIVE SUBDIVISION REGULATIONS FOR THE VILLAGE OF TAOS SKI VALLEY, NEW MEXICO

BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY (HEREINAFTER “THE VILLAGE”):

PART 1: GENERAL PROVISIONS.

SECTION 1-1 TITLE.

These regulations shall be known as the “Subdivision Ordinance" of the Village of Taos Ski Valley, New Mexico and shall be referred to herein as "this Ordinance."

SECTION 1-2. PURPOSE AND INTENT.

This Ordinance is adopted pursuant to the authority delegated to Municipalities under sections 3-19-6 through 3-19-7, 3-20-1 through 3-20-16 NMSA 1978, and to promote good planning practice. This Ordinance is intended to help achieve the goals and objectives of the comprehensive Plan and is viewed as a vital tool for accomplishing that plan. Thus, the regulations and restrictions of this Ordinance are designed to avoid congestion in the streets and public ways; to secure safety from fire, flood, and other dangers; to promote the general welfare of the community; to preserve and conserve local water resources; to prevent the overcrowding of land; to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other community requirements; to conserve the value of property; and to encourage the most appropriate use of land throughout the Village of Taos Ski Valley.

SECTION 1-3. ORDINANCE.

No Subdivision shall be commenced or continued within the Village of Taos Ski Valley except as authorized by this Ordinance. All use within a Subdivision will comply with Ordinance No. 98-30 (Zoning Ordinance), and all other pertinent Village ordinances.

SECTION 1-4. JURISDICTION.

A. The provisions in this Ordinance are applicable to lands in the Village of Taos Ski Valley Planning and Platting jurisdiction. Every person who desires to subdivide land shall furnish a preliminary plat (if required) and a final plat of the proposed subdivision in accordance with this Ordinance .

B. Territorial Jurisdiction - This Ordinance shall govern the subdivision of land within the corporate limits of the Village, as now or hereafter established, and within the area of the Village's extra territorial planning and platting jurisdiction as established by statute. Subdivisions partially or wholly within the platting jurisdiction of both the County and the Village shall be approved in accordance with the terms of applicable Village and County ordinances, regulations, and rules, as well as applicable New Mexico statutes, before the plat is recorded in the Office of the County Clerk.

C. Subject Matter Jurisdiction - This Ordinance applies to all subdivisions within the territorial jurisdiction of this Ordinance, except that:

1. Actions of the following types within the municipal limits or within the extraterritorial jurisdiction hereof are specifically excluded from the subject matter jurisdiction hereof.:

a. The sale or lease of space within a building, condominium, or town-house;

b. The lease of space within an otherwise approved shopping center or commercial or office development;

c. The division of land for agricultural purposes into parcels of 40 acres or more, not involving any new streets;

d. The creation of easements for private infrastructure, franchise utilities, or minor public utilities, including streets and open space, or other public rights of way or easements (i.e. recreational trails);

e. Any division of land in which only gas, oil, mineral, or water rights reserved from the residual ownership of land; and

2. Actions of the following type within the extraterritorial jurisdiction of this Ordinance (outside the municipal limits) are specifically excluded from the subject matter jurisdiction:

a. The division of land into parcels of five acres or more.

SECTION 1-5. ADMINISTRATION

A. Administrative Official - A Village Planning Officer shall be appointed by the Council to administer the provisions of this Ordinance. The Village Planning Officer may also serve in some other capacity as an employee or appointed official of the Village of Taos Ski Valley.

B. Inspection - The Village Planning Officer has the authority to conduct inspections of the sketch plans and the subdivision land to determine compliance with this Ordinance. The Village Planning Officer shall provide for on-site inspections and other relevant information which may be requested by the Council or Commission as necessary to carry out the purpose of this Ordinance.

C. Information and Records - The Village Planning Officer shall maintain an office to supply the public with information concerning this Ordinance. A "Subdivision File" shall be maintained and shall contain records which include the following:

1. Subdivision Applications;

2. Variances allowed under this Ordinance;

3. Application for Amendments;

4. Sketch Plats, Preliminary Plats, and Final Plats:

5. Appeals; and

6. Violations.

D. Violations - Complaints and Notification. The Village Planning Officer may institute any appropriate actions or proceedings whenever there is probable cause to believe there is a violation of this Ordinance. Any person aggrieved by an apparent violation of this Ordinance may file a written complaint with the Village Planning Officer who shall immediately investigate such complaint to determine if probable cause that a violation of this Ordinance exists. Whenever the Village Planning Officer finds probable cause to believe a violation of this Ordinance exists, whether acting on independent initiative or in response to a complaint, the Village Planning Officer shall notify the person responsible for the alleged violation in writing. Such notification shall order the necessary correction to be made within 60 days following the date of notification. Any person who fails to comply with the notification order shall be subject to penalties as stated in this Ordinance.

SECTION 1-6. DEFINITIONS.

A. Word Forms - For the purpose of this Ordinance, certain words or phrases used herein shall be interpreted as follows:

1. The word "person" includes any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity.

2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

3. The words "shall" and "must" are mandatory, the word "may" is permissive.

B. Definitions - For the purpose of this article, the following definitions shall apply unless the context clearly indicates or required a different meaning:

1. AVALANCHE - A fall or slide of a large mass of material, as snow, rock, or earth, down a mountain side.

2. BENCHMARK - See MONUMENT.

3. BUILDING OR SETBACK LINE - A line on a plat between which line and a street no building may be erected.

4. CAPITAL IMPROVEMENT PLAN - The two-year Capital Improvement Plan which is adopted by the Village.

5. CERTIFICATE OF COMPLETION AND ACCEPTANCE - A document issued by the Village Planning Officer which certifies that the public infrastructure improvements required for a subdivision have been satisfactorily completed or scheduled for construction as a condition of approval and are accepted by the Village, upon approval of the final plat for maintenance and/or public use.

6. COMPREHENSIVE PLAN - The Comprehensive Plan of the Village of Taos Ski Valley, New Mexico.

7. COUNTY - Means Taos County, New Mexico.

8. CUL DE SAC - A short street intersecting another street at one end and terminating at the other end normally with a vehicular turn around.

9. DESIGN STANDARDS - The specific minimum standards for the design of subdivision contained in Section 3 of this Ordinance.

10. DRAINAGE COURSE - A natural water course or indenture for the drainage of surface waters.

11. DRIVEWAY - Entrances to Residential or Commercial lots, which shall not exceed 30 feet in width.

12. EASEMENT - A liberty, privilege, right or advantage which one has over the land of another.

13. FLOODPLAIN - Any area which will be flooded by water from a 100-year frequency storm.

14. FLOOD FRINGE - Any area that will be flooded by water from a 50-year frequency storm.

15. FLOODWAY - Any area that will be flooded by water from a 25-year frequency storm.

16. FUTURE STREET LINE - A line, established by the developer, for the purpose of delineating the future boundaries of public right of way to be used for street purposes.

17. INFRASTRUCTURE - Streets, sanitary sewer and water system facilities, lines, and appurtenances, drainage facilities, street lighting, structures for electrical power, and other improvements used by the public or used in common by owners of lots within a subdivision.

18. INFRASTRUCTURE, PRIVATE - Infrastructure owned by a non-governmental entity.

19. HIGHWAY - A high capacity and high speed major thoroughfare with partially or fully controlled access to abutting properties.

20. LAND SURVEYOR - A person who engages in the practice of land surveying and is a registered, licensed land surveyor in the State of New Mexico.

21. LOT - A parcel of land, exclusive of public right of way, placed on the County Clerk's records in accordance with this Ordinance, the Taos County Subdivision ordinance or predecessor ordinances, whose legal description is tied to a monument.

22. MASTER PLAN - The Village’s plan for the physical development of the Village that includes, but is not limited to, the existing and proposed general location, character and extent of streets, public and private utilities and other public ways, grounds or spaces.

23. MONUMENT - One or more of the following:

a. PERMANENT SURVEY MONUMENT - A cap referenced to the New Mexico Coordinate System having the land surveyor's registration number inscribed thereon.

b. SUBDIVISION CONTROL MONUMENT - A metal stake pipe or other approved marker which identifies position within a subdivided area and which is referenced to a permanent survey monument.

24. PERFORMANCE AND PAYMENT BOND - A surety bond for performance and payment made with the Village of Taos Ski Valley as beneficiary in an amount equal to one hundred twenty-five percent (125%) of the estimated full cost of all improvements promised by subdivider or required by the Commission. The costs shall be estimated by the Village Planning Officer. In lieu of the performance bond, a dedicated, irrevocable escrow deposit or irrevocable letter of credit, may be made in the amount of one hundred twenty-five per cent (125%) of the estimated cost. The Surety Bond or escrow deposit shall secure that said improvements will be constructed in accordance with this Ordinance and that all costs of said improvements will be paid.

25. PLANNING COMMISSION - The Village of Taos Ski Valley Planning and Zoning Commission.

26. PLAT - Map, chart, survey, plan or replat certified by a licensed, registered land surveyor which contains a description of the subdivided land with ties to permanent monuments.

27. PRIVATE WAY - An area or easement which is not public right of way and which contains a road providing access between public right of way and one or more lots. The term may include easements for public and private infrastructure when such are established through a suitable legal document, along with the access rights, for utility service and fire and rescue services.

28. PUBLIC AREA - An area of land owned by or intended to be owned by a governmental entity or over which a governmental entity enjoys an easement, whether deeded, dedicated, or otherwise acquired, and which is generally, but not required, to be used to serve the public with some service or benefit, including public infrastructure.

29. RECREATIONAL TRAIL - Single track or narrow two track trail. A thoroughfare or track across land or snow, used for recreational purposes such as, but not limited to, snowshoeing, bicycling, skiing, day hiking, equestrian activities, trail biking, overnight and long-distance backpacking, snowmobiling, aquatic or water activities and vehicular travel or motorcycle, four-wheel drive or all-terrain off-road vehicles, etc.

30. ROADWAY - That portion of the street available for vehicular traffic and where curbs or ditches might be laid.

31. RURAL ACCESS ROAD - Agriculturally related road existing or constructed outside of a subdivision, only for private service use. May be included in a recreational trail corridor.

32. SNOW STORAGE EASEMENT - Twenty (20) feet set back for snow storage from street.

33. STREET - All properties dedicated, acquired by prescriptive use or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, thruway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

34. STREET WIDTH - Shall be the distance between the lot lines measured at right angles to the street center line and does not include snow removal storage easements.

35. SUBDIVIDER - Any person who, by reason of his power, authority, and/or interest with respect to a specific parcel of land, effects, brings about, causes, or proposes, the subdivision of that parcel.

a. SUBDIVIDE or SUBDIVISION mean:

1.) For the area of land within the corporate boundaries of the municipality, the division of land into two or more parts by platting or by metes and bounds description into tracts for the purposes set forth in Subsection B of this section; and

2.) For the area of land within the municipal extraterritorial subdivision and platting jurisdiction, the division of land into two or more parts by platting or by metes and bounds description into tracts of less than five acres in any one calendar year for the purposes set forth in Subsection B of this section.

b. The division of land pursuant to Paragraph 1.) or 2.) of Section a of this section shall be for the purpose of:

1.) Sale for building purposes;

2.) Laying out a municipality or any part thereof;

3.) Adding to a municipality;

4.) Laying out suburban lots; or

5.) Resubdivision.

36. SUBDIVISION IMPROVEMENTS AGREEMENT - An agreement entered into between the Village and a subdivider by which the subdivider agrees to assure construction of required infrastructure improvements.

37. VACATION - The act which rescinds all or part of a recorded subdivision plat including legal dedications and grants of easements.

38. VARIANCE - Modification or waiver of the regular subdivision design standards.

39. VILLAGE ATTORNEY - The chief attorney for the Village

40. VILLAGE PLANNING OFFICER - A Village employee who is designated by the Mayor.

41. ZONE - One of the zones created by the Ordinance 98-30, except where used in the context of the water system pressure zones.

C. All definitions included in Village of Taos Ski Valley Ordinance 98-30 apply.

SECTION 1-7. RECORDS.

The Village Planning Officer shall keep public records of findings, decisions, and recommendations relative to all subdivision plats recorded with it for review.

SECTION 1-8. INTERPRETATION.

The provisions of this Ordinance shall be held to be minimum requirements to meet the intent expressed in Section 1-2 of this Ordinance. Where the provisions of this Ordinance impose greater restrictions than those of any other ordinance or regulation, the provisions of this Ordinance shall prevail Where the provisions of any other ordinance or local regulation impose greater restrictions than those of this Ordinance, the provisions of such other ordinance or local regulation shall prevail.

PART 2: FUNDAMENTAL CONSIDERATIONS.

SECTION 2-1. DEDICATIONS.

A. Dedications Required - Dedication of land for public use or purposes may be required for the following in accordance with the appropriate policy and/or other policies set from time to time by the Village:

1. Streets and other access.

2. Parking areas.

3. Drainage facilities.

4. Snow storage areas.

5. Other public infrastructure.

B. Method of Dedication:

1. Dedication of Public Areas shall be free and clear of any liens or encumbrances and in fee simple unless:

a. The subdivider demonstrates that fee simple dedication is legally not feasible; or

b. The Planning and Zoning Commission and the Village Attorney find that a different type of dedication better accomplishes Village policy or is provided for by specific ordinance.

2. If dedication in other than fee simple is approved, the nature of the property interest dedicated shall be clearly indicated on the plat.

3. When parks are dedicated, a deed to the land shall be delivered to the appropriate governmental entity.

C. Acceptance of Dedications - The procedure for accepting dedications of public areas and improvements is specified in Section 3-5 of this Ordinance. When the extraterritorial planning and platting jurisdiction dedications shall be accepted by the County in accordance with its subdivision requirements.

SECTION 2-2. EASEMENTS FOR UTILITIES.

Except when alleys are provided for the purpose, utility easements not less than fifteen (15) feet in width shall be provided along rear and side lot lines where necessary for use in erecting, constructing and maintaining utilities.

SECTION 2-3. WATER AND SANITARY SEWER SERVICE.

A. All developments shall be connected to the Village’s water and sewer systems at subdivider's expense. All extensions and connections shall conform to the Village’s standards and must be inspected and approved by the Village.

B. All water and sewer service lines shall be installed in the road right of way or appropriate easements accessible to each lot.

SECTION 2-4. MINIMUM LOT SIZE.

The minimum lot size for any subdivided parcel shall be 0.50 acres.

SECTION 2-5 CLUSTER DEVELOPMENT

A. Purpose

(1) It is the purpose of this ordinance to permit residential cluster development in all subdivisions and to encourage its use. Cluster development should:

(a) encourage creative and flexible site design that is sensitive to the land’s natural features and adapts to the natural topography;

(b) protect environmentally sensitive areas of a development site and preserve on a

permanent basis open space, natural features, and prime agricultural lands;

impervious surfaces in site development;

(d) promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets; and

(e) provide opportunities for social interaction through recreational trails promoting walking, biking, hiking, skiing and equestrian activities in open space areas.

B. Definitions

As used in this ordinance, the following words and terms shall have the meanings specified herein:

“Cluster” or “Clustering” means a site-planning technique that concentrates buildings and structures in specific areas on a lot, site, or parcel to allow the remaining land to be used for recreation, open space, and/or preservation of features and/or structures with environmental, historical, cultural, or other significance. The techniques used to concentrate buildings may include, but shall not be limited to, reduction in lot areas, a change in setback requirements and a change in other zoning requirements, with the resultant open space being devoted by deed restrictions for one or more uses.

“Cluster development, residential” means a land development project in which the site

planning technique of clustering dwelling units is employed.

“Common open space” means the portion of the site set aside in perpetuity as open space. This area may include wetlands, floodplains or flood-hazard areas, stream corridors, agricultural lands, habitats of wildlife, scenic views, historical or cultural features, archaeological sites, or other elements to be protected from development, as well as easements for public utilities other than road and access easements. The open space may be open to the public.

“Development” means the construction, reconstruction, conversion, structural alternation, relocation, or enlargement of any structure; any mine, excavation, landfill or land disturbance; and/or any change in use, or alteration or extension of the use, of land.

“Recreational Trail” means a public, non-motorized, interconnected, multi-use corridor providing low-impact recreational opportunities including but not limited to hiking, biking, skiing, snowshoeing and equestrian activities. Trail width, location and surface material shall be negotiated with Planning Officer.

“Site plan” means the development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

C. Applicability; General Provisions

(1) Cluster developments shall be permitted in any subdivision.

(a) All principal and accessory uses authorized in the applicable zoning district(s) shall be allowed in the cluster development. In addition, multifamily dwellings, duplexes, and townhouses may be permitted for a cluster development located in a residential zone that does not otherwise allow attached dwelling units.

(b) Maximum lot coverage, floor area ratios, building height, and parking requirements for the applicable zoning district shall apply to the cluster development. Maximum lot coverage, floor area ratios, and parking requirements, however, shall be applied to the entire site rather than to any individual lot.

(2) The following provisions shall apply to any residential cluster development, regardless of the general requirements of the applicable residential zoning ordinance:

(a) No minimum width or depth of a lot shall apply.

(b) A minimum separation of 15 feet shall be provided between all principal buildings and structures.

(c) A minimum yard or common open space of a least 25 feet in depth shall be provided, as measured from all public streets and from the side and rear lot lines of the entire cluster development.

(d) Each lot shall have access to it with a maximum width of 15 feet to a public or private street. Such access may be shared with other lots.

(e) More than one principal building or structure may be placed on a lot.

(f) Twenty five percent (25%) of the site may be conveyed as common open space in the manner provided for in Section 2-5 I below.

D. Contents of Site Plan

(1) The preliminary and final site plan for a residential cluster development shall include, but shall not be limited to, the following information:

(a) The maximum number and type of dwelling units proposed.

(b) The areas of the site on which the dwelling units are to be constructed or are currently

located and their size (this may take the form of the footprint of the dwelling unit or a

building envelope showing the general area in which the dwelling unit is to be located).

(d) The areas of the site on which other proposed principal and accessory uses may be

located and their size.

(e) The areas of the site designated for common open space and their size.

(f) The areas of the site designated for parking and loading and the size of individual spaces

(g) The location of any recreation trails to be dedicated for public use including but not limited to hiking, biking, skiing, snowshoeing and equestrian activities.

(h) The number of acres that are proposed to be conveyed as common open space.

(i) A topographical map as required in Section 3-4 ( C ) (2) (e) that is a shaded relief map showing areas of slope greater than 15% and less than 25% and a separate shading showing slopes greater than 25%. The remaining unshaded areas will show areas of slope less than 15%.

E. Changing Minimum Lot Size

If the developer dedicates 25% of the acreage of the subdivision to open space with a public recreational trail and cluster develops the remaining acreage, the minimum lot size shall be 0.33 acres. If the developer dedicates 40% of the acreage of the subdivision to open space with a public recreational trail and cluster develops the remaining acreage, the minimum lot size will be less than 0.33 acres with the minimum lot size to be negotiated with the Planning Officer and approved by the Planning Commission.

F. Procedures for Review

The Planning Commission shall review and approve a residential cluster development and any amendments thereto in the manner provided for in this ordinance, together with any zoning ordinances and regulations adopted pursuant thereto.

G. Review Criteria

(1) In reviewing a residential cluster development, the Planning Commission

shall determine whether:

(a) the site plan satisfies the requirements of Sections 2-5 C, 2-5 D and 2-5 E above and the requirements of Section 3-4 C;

(b) To allow for reductions in lot sizes buildings and structures may be adequately grouped so at least [25] percent of the total area of the site is set aside as common open space. To the greatest degree practicable, common open space shall be designated as a single block and not divided into unconnected small parcels located in various parts of the development;

(c) To allow for further reductions in lot sizes, cluster development principles as well as the dedication of a public recreational trail as stated in Section E-2 shall be incorporated into cluster development design.

(d) the site plan complies with the zoning regulations concerning wetlands and surface waters, including creeks, streams, springs, lakes, and ponds;

(e) individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography;

(f) existing scenic views or vistas are permitted to remain unobstructed, especially from

public streets;

(g) the site plan accommodates and preserves any features of historic, cultural, or

archaeological value;

(h) floodplains, wetlands, and areas with slopes in excess of twenty five (25%) percent are protected from development;

(i) the cluster development advances the purposes of this ordinance as stated in Section 2-5 A above.

(2) The Planning Commission may, in its opinion, apply such special conditions or

stipulations to its approval of a residential cluster development as may be required to maintain harmony with neighboring uses and to promote the objectives and purposes of the comprehensive plan and the zoning and subdivision ordinances.

(3) If the Planning Commission finds that the requirements of paragraph (1) above are satisfied, it shall approve the residential cluster development, subject to any special conditions or stipulations pursuant to paragraph (2) above, any reductions in lot size requirements pursuant to Section 2-5 E above, and any reductions pursuant to Section 2-5 H below.

H. Reduction of Certain Physical Design Requirements

(1) In approving a residential cluster development, the Planning Commission may reduce the pavement width of any public or private streets that would otherwise be required by the subdivision regulations or other design specifications for roads to [22] feet.

(2) An applicant who wants the reduction of pavement width of public or private streets as provided for in paragraph (1) above, shall submit a statement of justification for the reduction along with the final site plan.

I. Conveyance of Open Space

(1) Common open space provided by a residential cluster development shall be conveyed as follows:

(a) To the Village of Taos Ski Valley and accepted by it for park, open space, agricultural, or other specified use or uses, provided that the conveyance is approved by the Planning Commission and is in a form approved by the Village attorney; or

(b) To a nonprofit organization whose principal purpose is the conservation of open space, to a corporation or trust owned or to be owned by the owners of lots or dwelling units within the residential cluster development, or to owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots or dwelling units. The conveyance shall be approved by the Planning Commission and shall be in a form approved by the Village attorney.

(2) In any case, where the common open space in a residential cluster development is conveyed pursuant to subparagraph (1)(B) above, a deed restriction enforceable by the Village shall be recorded that provides that the common open space shall:

(a) be kept in the authorized conditions(s); and

(b) not be developed for principal uses, accessory uses (e.g., parking), or roadways.

PASSED, APPROVED AND ADOPTED THIS _____ DAY OF _______________, 2007.

_________________________________

MAYOR

VOTE: FOR AGAINST

ATTEST:

_______________________________________

VILLAGE CLERK

PART 3: PROCEDURES AND SUBMISSION

REQUIREMENTS FOR PLATS.

SECTION 3-1. PRE-APPLICATION CONFERENCE.

Prior to submission of a plat, the subdivider shall discuss with the Village Planning Officer the procedure and requirements for approval of the plat. The Village Planning Officer shall provide guidance to the subdivider as to the appropriateness of the proposal in relation to current applicable Village plans, policies, and zoning. The Village Planning Officer shall advise the subdivider as appropriate regarding requirements for general layout of streets, for dedications of land, for provision of infrastructure improvements, drainage considerations, fire protection and similar matters as well as the availability of existing services. The Village Planning Officer shall also advise the subdivider whether to schedule a review session with the Planning and Zoning Commission when appropriate.

SECTION 3-2. CLASSIFICATION OF SUBDIVISION AND OUTLINE OF PROCEDURE.

A. The following procedure will apply to all subdivisions:

1. Sketch plat review;

2. Preliminary plat review and approval; and then

3. Final plat review and approval

B. Certain subdivisions may be subject to the Alternate Summary Procedure (Sec.3-9).

SECTION 3-3. SKETCH PLAT.

A. Purpose and Intent - The purpose of the sketch plat review is to obtain necessary information and describe the proposed subdivision, lot sizes, street arrangement, and purpose of the proposed subdivision. The subdivider shall describe the overall concept in the sketch plat. The Village shall advise the subdivider of community goals, plans, available date, and policies pertinent to the site that might affect the potential development (including off-site considerations, whether the property can be served by community facilities), whether infrastructure is available, and shall advise the subdivider as to the general acceptability of the proposed subdivision concept.

B. Procedure:

1. Application - Review and advice on sketch plat subdivision proposals are initiated by application to the Village Planning Officer. The application shall be accompanied by the number of copies of a sketch plat together with other supplementary material as specified in this ordinance. Subdividers shall bring in at the sketch plat stage a concept for all the contiguous land subject to their control, within 1000 feet, if any. However, the preliminary and final plat may encompass only a portion of such land.

2. Review - The Village Planning Officer shall review the sketch plat and supplemental material submitted for conformity to this Ordinance. Within 15 days following receipt by the Village of complete required submittals, the Village Planning Officer shall inform the subdivider whether the proposal appears to meet the requirements of this Ordinance. If it is determined that the proposal does not appear to meet the requirements, the Village Planning Officer shall state in writing all the deficiencies found in the sketch plat submittal and advise the subdivider as to any special analyses or other materials which must be submitted with a preliminary plat.

3. The Village Planning Officer may permit the subdivider to prepare a combined preliminary and final plat where no significant construction of infrastructure is required in connection with the proposed subdivision. Public notice must still be given as specified in Section 3-4 of this Ordinance.

C. Required Submittals - A sketch plat and supporting data shall include the following:

1. Proposed subdivision name.

2. Location map - A location map shall show the relationship of the proposed plat to existing community facilities which serve it and to developments and improvements within 500 feet of the proposed subdivision.

3 Sketch - A sketch, on a current topographic survey, shall show in simple form the proposed plat boundary, the proposed layout of streets, lots, and other features in relation to existing conditions.

4. Written information - General sketch plat information shall list the name and address of the subdivider and his agent, if any, the total area of the proposed plat, the area of each proposed use, and a description of the existing conditions of the site and the proposed development as necessary to supplement the sketch plat.

SECTION 3-4. PRELIMINARY PLAT.

A. Purpose and intent - The preliminary plat details the development concept worked out as a result of the sketch plat review. The preliminary plat stage is the substantive decision point in the subdivision approval process. Any changes from the approved preliminary plat shall be submitted as for preliminary plat review and approval.

B. Procedure:

1. Application - The application to the Planning and Zoning Commission shall be accompanied by ten copies of the preliminary plat.

2. Review - The Planning and Zoning Commission shall review the preliminary plat and supplemental data submitted. The Planning and Zoning Commission may request comments from Village departments, other governmental agencies and franchised utilities as may be appropriate.

3. Hearing and Notice:

a. Public Hearing - Decision upon a completed and filed application for preliminary plat approval shall be rendered after a public hearing thereon, which public hearing shall be held not later than 30 days after the Village has received subdivider's completed application and completed preliminary plat material as determined by the Village Planning Officer.

b. Public Notice:

1.) At least 15 days prior to the date of the hearing, notice shall be posted and sent by first class mail to the owners of property within 100 feet of the proposed subdivision by the Village Planning Officer. The mailing shall use the ownership records of the County Assessor. The notice shall contain:

a.) The location of the proposed subdivision, the size of the subdivision, the approximate number of proposed lots, and the fact that a terrain management plan is proposed for approval;

b.) When and where interested persons may examine the preliminary plat;

c.) When and where interested persons may file written comment; and

d.) The time and place of the public hearing.

2.) Sign Posting - The applicant shall post and maintain one or more signs in locations specified by the Village Planning Officer. The applicant is responsible for posting and maintaining such signs for at least 15 days before the date of the public hearing and shall remove them within five days after the hearing is completed. Failure to properly post signs is grounds for deferral of the request. No one except the applicant or the Village shall remove or tamper with any required sign during the period it is required to be maintained.

4. Decision:

a. A decision on the preliminary plat shall be made by the Planning and Zoning Commission within 60 days of the date the application, plat and other required supplemental data are deemed complete by the Village Planning Officer.

b. A written decision shall be made a part of the record, along with any conditions or findings necessary to make clear any agreement or policy interpretation. A conditional approval shall state the conditions and a disapproval shall state the reason therefor. A copy of the decision shall be sent to the subdivider and any other persons shall be mailed a copy of the decision after submitting a fee for said copies.

c. Approval of a preliminary plat constitutes approval to proceed with design of any required master plan Village utilities or facilities, unless stated otherwise in the preliminary plat approval.

C. Information required for the preliminary plat review:

1. Purpose - The document required for the preliminary plat review is intended to provide sufficient information for the Planning and Zoning Commission to make a determination about whether the subdivision has:

a. Roads that meet the standards of the Village to each parcel, including ingress and egress for emergency vehicles, and utility easements to each parcel; and

b. Terrain management to protect against flooding and avalanche; inadequate drainage and erosion; and

c. Whether the subdivision will conform with the requirements of this Ordinance.

2. Existing Conditions - The preliminary plat shall be at a scale of 100 feet to one inch (100:1) or larger, and shall show all existing conditions as follows:

a. Boundary lines - bearing and distances

b. Existing easements - location, width and purpose

c. Streets on or adjacent to the site - name and right-of-way width and location; type and width of surfacing; culverts, etc.

d. Utilities - on or adjacent to the site

e. Ground elevations on the site - show contours with an interval of not more than ten (10) feet, if such information is sufficient for planning purposes, or show contours with an interval of not more than 2 feet, if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings.

f. Conditions on adjacent land significantly affecting design of subdivisions as follows: approximate direction and gradient of ground slope, character and location of development, existing platting and tract boundaries.

g. Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the site.

h. Location map showing location of the site in relation to well-known landmarks.

i. Title and Certificates - subdivision name, names and addresses of owners.

j. Scale, north arrow, name of registered land surveyor and date.

3. Subdivision Proposal - The preliminary plat shall be at a scale of 100 feet to one inch (100:1) or larger and shall show all existing conditions required in Subsection (2) above and shall show all proposals, including the following:

a. Location and approximate dimensions of streets and alleys, and proposed street names.

b. Other right-of-way or easements: location, width and purpose.

c. Location and type of utilities (as well as a statement indicating whether or not the utilities are to be installed above ground or underground).

d. Approximate lot lines, lot and block numbers, typical and minimum lot sizes.

e. Location and dimensions of all existing buildings and proposed building envelopes, if any.

f. Locations, dimensions and extent of any land to be dedicated to the public use including any improvements to be made to that land.

g. Locations, dimensions and extent of any buffer areas or open space clearly indicating whether such areas are intended to be offered for dedication to the public or to remain privately-owned.

h. Location of any proposed landscaping or other feature.

i. Site data, including number of residential lots, total length of streets and total acreage in the subdivision.

j. Legal description indicating the range, township and section within which the subdivision is located.

k. Title, scale, north arrow and date.

4. Construction Schedule - The subdivider shall provide an estimated schedule of infrastructure construction and lot development.

5. Statement of water and sanitary sewer availability.

6. Terrain Management Plan - Information must be submitted for the terrain management of the proposed subdivision.

a. A vicinity map drawn to a scale of not less than 2,000 feet to one inch showing contours at ten foot intervals, the relationship of the site to its general surroundings, and the location of all existing drainage channels, historic avalanche paths, water and erosion control structures, water courses and water bodies within 1000 feet of the subdivision;

b. A subdivision map drawn to a scale of not less than 100 feet to one inch showing:

1.) the boundaries of the area to be subdivided;

2.) the existing contours with intervals of not more than ten feet.

3.) the locations of all proposed lots, roads, bridges, water and erosion control structures and utility easements in relation to the existing contours;

4.) the finished contours of the subdivision after the subdivider’s proposals have been implemented using contour intervals equal to or less than those on the existing contour map;

5.) the location of all cuts and fills and method of stabilization - embankment, compaction and/or revegetation;

6.) the location of all historic avalanche paths, drainage channels, watercourses, wetlands, water bodies, floodways, flood fringes and floodplains;

7.) storm drainage computations of the estimated runoff from the subdivision following completion of development;

8.) sufficient runoff information on the areas contributing runoff to the subdivision to show existing drainage patterns and drainage courses that may affect the subdivision or be affected by the subdivision;

9.) quantities of water carried by major drainage courses and proposed treatment of major drainage courses;

10.) all appropriate design details to clearly explain the construction of all necessary drainage control structures and the location, type and size of proposed drainage erosion control structures;

11.) the location of major drainage and water course easements;

12.) all appropriate design details necessary to clearly explain the construction of all subsurface structures;