As used in this chapter, the following terms shall have the
meanings indicated:
Documentation from the Planning Coordinator stating that
a claim of exemption has been approved.
An assertion made by a landowner that the proposed conveyance
of certain newly created parcels does not constitute a subdivision
because of any one of the exceptions to the definition of a subdivision.
Any plan or scheme of operation, undertaken by a single subdivider
or a group of subdividers acting in concert, to offer for sale or
lease parcels of land where such land is either:
Refers to adjacent parcels sharing a boundary line or separated
only by a road, right-of-way, or easement.
The County of Otero.
Statement required to be given to persons acquiring an interest
in subdivided land; this statement shall comply with the requirement
of NMSA 1978, § 47-6-17, and be in the format provided in
Appendix A to this chapter.
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, marriage or adoption.
Any federally recognized Indian nation, tribe or pueblo located
wholly or partially in New Mexico.
To lease or offer to lease land.
A plan meeting the minimum requirements in force at the time
of application as required by the New Mexico Environment Department.
Unit of land capable of being described by location and boundaries
and not dedicated for public or common use.
Any individual, estate, trust, receiver, cooperative association,
club, corporation, company, firm, partnership, joint venture, syndicate,
or other entity.
County Administrative employee or appointed official responsible
for coordinating and processing subdivision applications and related
planning matters, who may also serve as Recording Secretary to the
Otero County Planning Commission.
Map certified by a licensed, registered land surveyor, which
contains a description of the subdivided land with ties to permanent
monuments, prepared in a form suitable for filing of record. This
is the plat of the subdivision to be sold in accordance with the approved
preliminary plat.
Map certified by a licensed, registered land surveyor, which contains a description of the land to be subdivided, precise character and layout of the land and the planned subdivision and the existing conditions in and around it, prepared and submitted for evaluation by the Planning Commission and the Board of County Commissioners for approval for construction and development. (See Article IV.)
Map certified by a licensed, registered land surveyor, which contains a description of the land subdivided under a Type Three B or a Type Five summary review procedure, with ties to permanent monuments, prepared in a form suitable for filing of record. This is the plat of the developed final product based on the approved summary review plat completed. (See Article VI.)
To sell or offer to sell land.
To divide a surface area of land into two or more parcels.
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.
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 development, whether
immediate or future; however "subdivision" does not include the following:
The 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;
The sale or lease of apartments, offices, stores, or similar
space within a building;
The division of land within the boundaries of a municipality;
The division of land in which only gas, oil, mineral, or water
rights are severed from the surface ownership of the land;
The division of land created by court order where the order
creates no more than one parcel per party;
The division of land for grazing or farming activities, provided
the land continues to be used for grazing or farming activities;
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;
The division of land to create burial plots in a cemetery;
The 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;
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;
The sale, lease, or other conveyance of land that creates no
parcel smaller than 140 acres;
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 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
The 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
and this chapter; 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.
Control of floods, drainage, and erosion, and measures necessary
to adapt proposed development to existing surface and subsurface soil
characteristics and topography.
Time of signing any document obligating the person signing
the document to purchase, lease, or otherwise acquire a legal interest
in land.
Any subdivision containing not more than 24 parcels, each
of which is 10 acres or more in size.
Any subdivision containing 25 or more parcels, each of which
is 10 acres or more in size.
Any subdivision containing 500 or more parcels, any one of
which is less than 10 acres in size.
Any subdivision containing at least six but not more than
24 parcels, any one of which is less than 10 acres in size.
Any subdivision containing at least two but not more than
five parcels, any one of which is less than 10 acres in size.
Any subdivision containing at least 25 but not more than
499 parcels, any one of which is less than 10 acres in size.
|
Types of Subdivisions
| |||
|---|---|---|---|
|
Type
|
Number of Parcels
|
Size of Smallest Parcel
(acres)
| |
|
One
|
500 or more
|
Less than 10
| |
|
Two
|
25 to 499
|
Less than 10
| |
|
Three A
|
6 to 24
|
Less than 10
| |
|
Three B*
|
2 to 5
|
Less than 10
| |
|
Four
|
25 or more
|
10 or more
| |
|
Five *
|
2 to 24
|
10 or more
| |
|
NOTE:
| ||
|---|---|---|
|
*
|
Summary review type subdivision.
| |
Electric power, telephone service, cable TV service, gas
service or other like services. (See "utility company.")
Company providing utility services. (See "utilities.")
Act of rescinding (canceling) all or part of a recorded subdivision
plat, including legal dedications and grants of easements.
Document from the County Manager or designee verifying that
the subdivision is surveyed and staked and roads are constructed to
County specifications and all improvements have been completed as
per the approved preliminary plat and draft disclosure statement.
A plan meeting the minimum requirements in force at the time
of application as required by New Mexico Office of the State Engineer,
the New Mexico Environment Department and/or the New Mexico State
Fire Marshal's Office"
