This chapter shall be known and may be cited as the "Otero County
Subdivision Regulations" and shall be referred to elsewhere herein
as "these regulations."
These regulations are created pursuant to the enabling authority
set forth in NMSA 1978, § 47-6-1 et seq.; NMSA 1978, § 4-37-1
et seq.; and NMSA 1978, §§ 3-20-5, 3-20-6, and 3-20-9.
These regulations are adopted for the following purposes:
A.
To provide for and protect the public health, safety, and general
welfare of the County;
B.
To guide the future growth and development of the County in accordance
with any official plans adopted by the County;
C.
To provide for adequate light, air, and privacy; to secure safety
from fire, flood, and other danger; and to prevent overcrowding of
the land and undue congestion of population;
D.
To protect and conserve the value of land throughout the County and
the value of buildings and improvements upon the land, and to minimize
the conflicts among the uses of land and buildings;
E.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the County,
having particular regard to the avoidance of congestion in the streets
and highways, and pedestrian traffic movements appropriate to the
various uses of land and buildings; and to provide for the proper
location and width of streets;
F.
To establish reasonable standards of design and procedures for subdivisions
and resubdivisions in order to further the orderly layout and use
of land, and to ensure proper legal descriptions and monumenting of
subdivided land; and
G.
To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table, and
to encourage the wise use and management of natural resources throughout
the County in order to preserve the integrity, stability, and beauty
of the community and the value of the land.
These regulations shall govern all subdivisions of land within
the County, but not within the boundaries of municipalities. The County
and a municipality shall exercise concurrent jurisdiction over the
territory within the platting jurisdiction of both the County and
the municipality, as provided in NMSA 1978, §§ 3-20-5
and 3-20-9 .
Whenever the Board of County Commissioners or its delegate is
required by these regulations to make a decision, the decision shall
be in writing and supported by findings of fact and conclusions of
law which are sufficient for meaningful review.
The provisions of these regulations are held to be minimum requirements.
Whenever any provisions of these regulations conflict with other laws,
rules, regulations, covenants, or ordinances, the more restrictive
shall govern. These regulations shall be construed broadly to promote
the purposes for which they were adopted.
The Board of County Commissioners is hereby authorized to adopt
by resolution the specific requirements for technical appendices to
this chapter covering the following subjects: Appendix A: Plat Certifications
and Forms; Appendix B: Water Quality and Liquid and Solid Waste Disposal
Requirements; Appendix C: Water Use and Conservation; Appendix D:
Terrain Management; and Appendix E: Streets, Roads, Alleys, Easements,
and Other Rights-of-Way.[1]
[1]
Editor's Note: Said Appendices are included as attachments
to this chapter.
