This article shall be known as the "Otero County Subdivision
Plan to implement the Sacramento Mountains Checkerspot Butterfly Conservation
Plan."
Authority for this article is found at NMSA 1978, § 4-37-1
et seq.; NMSA 1978, §§ 47-6-1 through 47-6-29; Otero
County Ordinance Nos. 92-01, 92-02, 92-03, 92-04 and 97-03, as well as in the Otero County Comprehensive Plan.
The effective date of this article shall be 30 days after its
passage by the County Commission and recordation in the County Clerk's
office as provided for in NMSA 1978, § 4-37-9. This article
shall sunset and terminate on July 1, 2011, unless the Board of County
Commissioners affirmatively extends this article pursuant to law.
The purpose of this article is to protect the public health,
safety and general welfare of the citizens of Otero County through
the development of specific measures designed to avoid and/or minimize
impacts from the use and development of private lands around the community
of Cloudcroft, New Mexico, on the Sacramento Mountains checkerspot
butterfly.
As used in this article and to enable Otero County to discharge
its responsibility, the following definitions shall be used. The definitions
shall be interpreted in all cases to achieve the purpose of the Act:
BOARD
The Board of County Commissioners of Otero County.
HABITAT
The actual habitat for the Sacramento Mountains checkerspot
butterfly that is located within the high mountain meadows in the
mixed-conifer forest at approximate elevations between 2,450 meters
and 2,750 meters (8,000 feet and 9,000 feet) in the vicinity of the
Village of Cloudcroft, Otero County, New Mexico. (As more particularly
delineated on that certain United States Fish and Wildlife Service
map a copy of which is attached to this article as Exhibit A and is
incorporated herein by reference as if fully set forth.)
PARCEL
Unit of land capable of being described by location and boundaries
and not dedicated for public or common use.
PERSON
Any individual, estate, trust, receiver, cooperative association,
club, corporation, company, firm, partnership, joint venture, syndicate,
governmental agency, nongovernmental organization or other entity.
PLANNING COORDINATOR
County administrative employee responsible for coordinating
and processing subdivision applications and related planning matters;
may serve as Recording Secretary to the Otero County Planning Commission.
PRELIMINARY PLAT
Map of a proposed subdivision, prepared by a licensed, registered
surveyor, showing the character and proposed layout of the subdivision
and the existing conditions in and around it. (See Otero County Ordinance
97-03.)
SUBDIVIDE
To divide a surface area of land into a subdivision.
SUBDIVIDER
Any person/agent who creates or who has created a subdivision,
individually or as part of a common promotional plan, or any person
engaged in the sale, lease, or other conveyance of subdivided land;
however, "subdivider" does not include any duly licensed real estate
broker or salesperson acting on another's account.
SUBDIVISION
The division of a surface area of land, including land within
a previously approved subdivision, into two or more parcels for the
purpose of sale, lease, or other conveyance; or for building development,
whether immediate or future; however "subdivision" does not include:
A.
Sale, lease, or other conveyance of any parcel that is 35 acres
or larger in size within any twelve-month period, provided that the
land has been used primarily and continuously for agricultural purposes,
in accordance with NMSA 1978, § 7-36-20, for the preceding
three years;
B.
Sale or lease of apartments, offices, stores, or similar space
within a building;
C.
Division of land within the boundaries of a municipality;
D.
Division of land in which only gas, oil, mineral, or water rights
are severed from the surface ownership of the land;
E.
Division of land created by court order where the order creates
no more than one parcel per party;
F.
Division of land for grazing or farming activities, provided
the land continues to be used for grazing or farming activities;
G.
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;
H.
Division of land to create burial plots in a cemetery;
I.
Division of land to create a parcel that is sold or donated
as a gift to an immediate family member; however, this exception shall
be limited to allow the seller or donor to sell or give no more than
one parcel per tract of land per immediate family member;
J.
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;
K.
Sale, lease, or other conveyance of land that creates no parcel
smaller than 140 acres;
L.
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 United States Internal
Revenue 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; or
M.
Sale, lease, or other conveyance of a single parcel from a tract
of land, except from a tract within a previously approved subdivision,
within any five-year period, provided that a second or subsequent
sale, lease, or other conveyance from the same tract of land within
five years of the first sale, lease, or other conveyance shall be
subject to the provisions of the New Mexico Subdivision Act; provided, further, that a survey shall be filed with
the County Clerk indicating the five-year holding period for both
the original tract and the newly created tract.
The Planning Coordinator, as part of the preliminary plat review
process, shall determine whether a proposed subdivision is located
within the habitat of the Sacramento Mountains checkerspot butterfly
as that habitat is defined in this article.
A. In the event the proposed subdivision is not located within the habitat
of the Sacramento Mountains checkerspot butterfly as defined in this
article, no further action is required with respect to the requirements
of this article.
B. In the event the proposed subdivision is located within the habitat
of the Sacramento Mountains checkerspot butterfly as defined in this
article, the Planning Coordinator shall require the person submitting
the proposed subdivision to submit, in addition to those matters required
by NMSA 1978, §§ 47-6-1 through 47-6-29, and Otero
County Ordinance No. 97-03, a survey conducted prior to commencement of any development/construction
activity within the proposed subdivision boundary that is completed.
The survey shall consist of the following: (See Exhibit B, "Guidance
for Conducting Surveys to Document the Presence of the Sacramento
Mountains Checkerspot Butterfly," attached hereto.)
C. The survey shall report:
(1) The presence or lack of presence of the Sacramento Mountains checkerspot
butterfly, or its larvae;
(2) The presence or lack of presence of the food plants Penstemon neomexicanus,
Valeriana edulis, or Helenium hoopesii;
(3) The presence or lack of presence of habitat suitable for either the Sacramento Mountains checkerspot butterfly or the food plant species set forth in Subsection
C(2).
In the event that the survey required by §
150-17 demonstrates the presence within the boundary of the proposed subdivision of either the Sacramento Mountains checkerspot butterfly or its food plant species as set forth in §
150-17C(2) and
(3), the Planning Coordinator shall require the person submitting the proposed subdivision to provide the following:
A. A plan to reduce the risk of wild fire within the proposed subdivision
by requiring either predevelopment thinning of trees and fuels management
or tree thinning and fuels management as a requirement for lot owners
within the subdivision;
B. A plan that provides for all construction activities either by the
subdivision developer or the individual lot owners to be conducted
in a manner that will minimize modification and/or loss of Sacramento
Mountains checkerspot butterfly habitat, potential habitat, food plant
species, or food plant species habitat defined herein;
C. A plan that provides for staging areas [i.e., areas where vehicles or equipment will be located during the construction of the subdivision or the construction of improvements on individual lots to be located within areas that do not contain any life stages of the Sacramento Mountains checkerspot butterfly, and/or any visible life stages of its food plant species as identified in §
150-17C(2)]. Staging areas should be clearly delineated (i.e., with survey stakes, flagging or taping) so that contractors and workmen are aware of the staging requirements.
D. In the event that development or construction within the boundary of the proposed subdivision or on any particular lot cannot occur without disturbing either any life stage of the Sacramento Mountains checkerspot butterfly or its food plant species, a plan that provides for the salvage and relocation to other Sacramento Mountains checkerspot butterfly habitat of any life stages of the Sacramento Mountains checkerspot butterfly or any of the food plants referred to in §
150-17C(2) of this article to other locations within the boundary of the proposed subdivision that are suitable. This plan shall be submitted to the Otero County Planning Coordinator who shall provide a copy to the United States Fish and Wildlife Service. The United States Fish and Wildlife Service shall comment on the proposed plan in accordance with the requirements of NMSA 1978, §§ 47-6-10 and 47-6-11; and Article
IV, §
200-14, of Chapter
200, Subdivision of Land, of the Otero County Code.
E. A plan that provides for the revegetation or reseeding of suitable Sacramento Mountains checkerspot butterfly habitat that is impacted during construction within the proposed subdivision. This plan shall be submitted to and reviewed by the United States Fish and Wildlife Service. The United States Fish and Wildlife Service shall comment on the proposed plan in accordance with the requirements of NMSA 1978, §§ 47-6-10 and 47-6-11; and Article
IV, §
200-14, of Chapter
200, Subdivision of Land. The comments shall address the effectiveness of the measures employed and assess, monitor and verify the results achieved.
F. A plan that provides for the monitoring of the habitat areas for
the Sacramento Mountains checkerspot butterfly for the infestation
of noxious weeds [i.e., Russian knapweed (Acroptilon repens), musk
thistle (Carduus nutans), and teasel (Dipsacus sylvestris)]. If noxious
weed infestations are located, control and eradication treatments
shall be specified in the plan and implemented.
G. A plan that provides, to the extent possible, for the concentration
of construction activities during that period of the calendar year
that the Sacramento Mountains checkerspot butterfly is not active
(i.e., October through March) in each year.
H. A statement contained within the disclosure statement for the proposed
subdivision that informs the purchaser of the specific conservation
requirements to be implemented on individual lots within the subdivision.
In the event the survey required in §
150-17B of this article reveals that there is not present any life stage of the Sacramento Mountains checkerspot butterfly, nor is there present any food plant species, then the Planning Coordinator shall notify the person submitting the proposed subdivision of that lack of presence, in writing, and the proposed subdivision shall not be required to fulfill any of the requirements of §
150-18 of this article.
This article may be amended from time to time as conditions
warrant. Amendments shall be made by ordinance adopted by the Board
of County Commissioners in accordance with NMSA 1978, § 4-37-1
et seq., as amended, and in accordance with NMSA 1978, § 47-6-1
et seq., as amended. Additionally, the population numbers of the Sacramento
Mountains checkerspot butterfly shall be monitored and reported by
the United States Fish and Wildlife Service to the County Commission
on an annual basis to determine the effectiveness of the measures
contained in this article and the need or lack thereof of continued
regulation.
In the event a particular case presents circumstances requiring interpretation of this article, this article shall be interpreted broadly in order to accomplish its purpose which purpose is contained in §
150-15.