A. 
Preliminary plat required. Preliminary plats shall be submitted for Type One, Type Two, Type Three A, and Type Four subdivisions. Type Three B subdivisions and all Type Five subdivisions are subject to review under the summary review procedure set forth in Article VI of these regulations.
B. 
Application/fees. A subdivider shall submit 17 copies of the preliminary plat, draft disclosure statement, and supporting documentation in accordance with the requirements provided in § 200-12 of these regulations. In addition to the preliminary plat and supporting documentation, the subdivider must submit a completed application form available from the Planning Coordinator and pay the required administrative fees.
C. 
Real estate taxes. The subdivider shall submit a copy of the latest paid tax receipts or an affidavit from the Treasurer's office verifying that the taxes are paid on the total land to be subdivided.
A. 
Preliminary plat specifications. The preliminary plat map shall be prepared by a licensed, registered surveyor at a scale of 200 feet to one inch or larger and printed on sheets 24 inches by 36 inches. Sheets shall be numbered in sequence if more than one sheet is used. The preliminary plat map shall be prominently titled "Preliminary Plat" along with the name of the subdivision. The preliminary plat shall show the following:
(1) 
Title (subdivision's name), scale, North arrow, and date of plat;
(2) 
Existing and proposed tract boundary lines in bearings and distances, with ties to permanent survey markers conforming to engineering standards to which all dimensions, angles, bearings and similar data shall be referred;
(3) 
All lots, and blocks (if any), numbered in sequence, and other sites, with acreage and accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves;
(4) 
Location, dimensions and purpose of all easements, and any dedicated public site or area; with annotations to easements of record by book and page. A copy of all referenced easements and dedications, showing the recording information, shall be attached to the disclosure statement.
(5) 
Names and right-of-way widths and center-line data of existing and proposed roads or other rights-of-way in and adjacent to the subdivision;
(6) 
Existing and proposed utilities on and adjacent to the site;
(7) 
Locations, dimensions, and purpose of any land to be dedicated to the public use or for the use of the owners of parcels fronting or contiguous to the land, including any improvements to be made to the land;
(8) 
Location of any registered archaeological, historical, or culturally significant features on the site (including any marked graves);
(9) 
A vicinity map showing the relationship of the subdivision site to its general surroundings;
(10) 
Delineation of any on-percent chance storm floodplain as designated by the Federal Emergency Management Agency;
(11) 
Names and addresses of the owner or owners of land to be subdivided, the subdivider (if other than the owner), and the land surveyor;
(12) 
Names of owners of contiguous land parcels;
(13) 
A surveyor's certification and certification for Board of County Commissioner's approval, in the format provided in Appendix A of these regulations, including legal description indicating range, township, and section within which the subdivision is located;
(14) 
The certification (in the format provided in Appendix A of these regulations) of a surveyor registered in New Mexico attesting to the accuracy of the plat, and the date of the survey;
(15) 
The following additional requirements shall be placed on the preliminary plat or on a supplemental preliminary plat or overlay at the same scale with the subdivision roads and lots outlined on it:
(a) 
Existing topography and regrading plans, indicating contour intervals sufficient for planning purposes;
(b) 
Any and all known existing improvements and surface features, such as houses, barns, fences, old water wells, irrigation ditches, mines or gravel pits, buried electric cables, pipe lines, telephone and TV cable company service lines, and surface electric power lines and poles;
(c) 
Any and all known fences, driveways, roads and trails, with notations if different from roads and utility easements to be dedicated;
(d) 
All current and past points and sources of any potential pollution in the area, that are visible, known to owner or public record, including, but not limited to, buried fuel tanks, old septic tanks, dumped fill material and current or past dump sites on or near subdivision land;
(e) 
Any surface irrigation or flood control structures or filled in depressions that hold water or have acted as a water ponding area in the past; and
(f) 
All surface water flow paths existing or having existed along with any constructed diversion ditch, dam or earth berm in place on or off the subdivision.
B. 
Draft disclosure statement. The preliminary plat shall be accompanied by a draft disclosure statement in accordance with the standardized format provided in Appendix A of these regulations. The disclosure statement must be prepared on the form approved by the County and shall not be altered from that format. A disclosure statement is required for all subdivisions. The purpose of the disclosure statement is to permit the prospective purchaser, lessee, or other person acquiring an interest in subdivided land to make an informed decision about the purchase, lease, or other conveyance of the land. When submitted with the preliminary plat, the disclosure statement shall be prominently marked DRAFT at the top of the first page. At a minimum, the supporting documentation required for the draft disclosure statement shall provide sufficient information to determine that:
(1) 
Water is sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses;
(2) 
Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination;
(3) 
There is a means of liquid waste disposal for the subdivision;
(4) 
There is a means of solid waste disposal for the subdivision;
(5) 
There are satisfactory roads to each parcel, including entry and exit for emergency vehicles, and there are appropriate utility easements to each parcel;
(6) 
Terrain management protects against surface flooding, inadequate drainage, and erosion;
(7) 
There are protections for cultural properties, archaeological sites, and unmarked burials that may be affected by the subdivision, as required by the Cultural Properties Act[1];
[1]
Editor's Note: See NMSA 1978, § 18-6-1 et seq.
(8) 
The subdivider can fulfill the proposals contained in the disclosure statement for the subdivision; and
(9) 
The subdivision will conform to the New Mexico Subdivision Act and these regulations.
C. 
Disclosure statement attachments. Disclosure statement attachments shall, at a minimum, include:
(1) 
A water supply plan, including conservation, water quality, and fire protection components;
(2) 
A liquid waste disposal plan, including limits on types and methods of septic systems and limits on improvements that can be built on the lot;
(3) 
A map showing accessibility of site to roads and utilities;
(4) 
A terrain management plan, which:
(a) 
Includes soils types and conditions and surface flow data;
(b) 
Provides that runoff to be generated by improvements on the lots shall be contained on the lots;
(c) 
Provides that there will be no increase in discharge from the subdivision when or after improvements are built; and
(d) 
Contains an evaluation of subsurface drainage adequacy related to septic systems;
(5) 
A vicinity map (United States Geological Survey map, scale 1:24000) showing the relationship of the subdivision site to its general surroundings, and the location of all existing drainage channels, water and erosion control structures, arroyos, watercourses and water bodies within three miles of the subdivision; and a separate aerial photograph of the most current available photography with the subdivision outlined and shown so that an upstream view of the drainage area extending at least three miles from the border of the subdivision is shown. If necessary to show the drainage area, the photograph will show a larger area than three miles from the subdivision border;
(6) 
A plan for registered cultural properties protection if any registered cultural properties are located in or contiguous to the proposed subdivision;
(7) 
A sample financing contract demonstrating conformity to Regulation Z, as issued by the Board of Governors of the Federal Reserve System to implement the federal Truth in Lending Act, which is contained in Title 1 of the Consumer Credit Protection Act, as amended (15 U.S.C. § 1601 et seq.);
(8) 
Shared road and or water well operation and maintenance agreements if applicable;
(9) 
Subdivision covenants if applicable.
D. 
Utility easement approval. An affidavit on the form provided in Appendix A of these regulations shall be submitted with the preliminary plat to demonstrate that all utility companies that will be providing service to the subdivision have reviewed the preliminary plat and approved utility easements.
E. 
Phased subdivisions. Subdivisions which are proposed to be phased and filed in multiple final plats shall include an anticipated phasing schedule for the final plats and a schedule of improvements.
A. 
On receipt of the application, fees, land tax receipts or County Treasurer affidavit, and the required number of copies of the preliminary plat, draft disclosure statement, and supporting documentation, the Planning Coordinator shall review all materials in order to determine if the preliminary plat is ready to begin the review process. If there are no deficiencies, the Planning Coordinator will provide written notice to the subdivider, within 30 days after the date of the application, that the preliminary plat is deemed complete for agency review.
B. 
If the preliminary plat is incomplete or does not comply with the submittal requirements provided in these regulations, the subdivider shall be notified, in writing, and given a maximum time period of 60 days to correct the deficiencies and return the preliminary plat for consideration.
A. 
Plat and draft disclosure statement transmittals.
(1) 
Within 10 days after the date that the preliminary plat is deemed complete, the Planning Coordinator shall forward a copy of the preliminary plat, draft disclosure statement and supporting documentation to the following state and local agencies with a request for review and opinions.
(2) 
One file copy of the preliminary plat, draft disclosure statement and accompanying materials will be retained by the subdivision coordinator and 17 copies will be mailed by certified mail, return receipt requested, to:
(a) 
New Mexico Highway and Transportation Department: six copies;
(b) 
New Mexico Office of Cultural Affairs: one copy;
(c) 
New Mexico State Engineer's office: one copy;
(d) 
Mescalero Apache Tribe: one copy.
(3) 
And additionally, one copy each shall be hand delivered and receipted or mailed by certified mail, return receipt requested, to:
(a) 
New Mexico Attorney General's office;
(b) 
New Mexico Environment Department, Health Division;
(c) 
New Mexico Environment Department, Drinking Water Bureau;
(d) 
Otero County Office of Emergency Management;
(e) 
GIS Office, Rural Addressing;
(f) 
Otero County Department of Public Works; and
(g) 
Otero County Soil and Water Conservation District.
B. 
Agency response. The state and local agencies, and Indian nations, tribes or pueblos (hereafter collectively referred to as "agencies") shall have 30 days from their receipt of the preliminary plat and draft disclosure statement and attachments to review and return an opinion regarding them. The Planning Coordinator shall obtain receipts or other proof showing the date the opinion request was received by each state or local agency. Any adverse agency response should detail all deficiencies.
C. 
Adverse opinion.
(1) 
If any opinion from a public agency is adverse, the Planning Coordinator shall forward a copy of the adverse opinion to the subdivider and request that additional information is provided to the County within 30 days after receipt to respond to the concerns of the appropriate agency. The Planning Coordinator shall forward a copy of such additional information upon receipt to the appropriate agency, which shall have 30 days after the date the subdivider submits the additional information and it is transmitted and received by the reviewing agency in order to revise its opinion. Adverse opinions from any reviewing agency and then the response to it from the subdivider shall also be faxed to the other reviewing agencies as supplemental data for their consideration. This shall be done to make sure that the other agencies are provided with all of the data that can impact their evaluation of the subdivision. There is no additional extension of the response time needed because the 30 days already required for communications between the subdivider and the reviewing agency finding deficiencies is adequate for the other agencies if it impacts them and they need the time. The Planning Coordinator shall obtain receipts or other proof showing the date the additional information was received by each state or local agency. When the subdivider has made revisions in his preliminary plat or draft disclosure data to correct deficiencies noted by the reviewing agencies, he shall retrieve eight copies of the preliminary plats and draft disclosure statements for review by the Planning Commission and the Board of County Commissioners from the Subdivision Coordinator and revise them and return them.
(2) 
The eight revised copies of the preliminary plat, disclosure statement, including agency comments, and supporting documentation shall be distributed later: seven are for the Planning Commissioners and one is for administration to copy for the Board of County Commissioners' public hearing book. If any changes are needed as a result of the review agencies' adverse opinion or recommendations, these eight copies shall be revised to contain the changes before they are distributed. The Planning Coordinator will return them to the subdivider who is responsible to revise them and return them not later than seven days before the Planning Commission meeting. Copies may also be mailed or delivered to public agencies as deemed necessary.
D. 
Favorable opinion. If the opinions received from all agencies are favorable, the County shall schedule a public hearing for consideration and action on the preliminary plat within 30 days following the receipt of such favorable opinions. If the County does not receive a requested opinion within the specified 30 days, it shall proceed with the required public hearing.
E. 
Revised opinion. The County shall schedule a public hearing for consideration and action within 30 days after the receipt of a revised opinion from the appropriate agency. If the County does not receive a revised opinion within the specified 30 days after the date the subdivider submits the additional information and it is transmitted to and received by the reviewing agency, it shall proceed with the required public hearing.
F. 
Additional copies. When all material is in order, the subdivider shall provide five additional copies of the preliminary plat and disclosure statement to County staff.
A. 
Scheduling.
(1) 
A review by the Planning Commission shall be scheduled by the Planning Coordinator for the next normal scheduled Planning Commission meeting which will take place before the public hearing is conducted at the next Board of County Commissioners meeting. On the Sunday afternoon before the Planning Commission meeting, the Planning Commissioners, the subdivider, and any other interested members of the public may visit the site of the subdivision and inspect the terrain. Written notice will be provided to the subdivider regarding the time and date of the Planning Commission visit to the site of the subdivision and the scheduled meeting to review the preliminary plat and draft disclosure statement. The subdivider, his representative, or agent is required to attend the Planning Commission review meeting. If the owner is not present, the person proposing the subdivision shall present the Planning Commission with written proof of authority to bind the owner to the proposal. If the owner, subdivider, his representative or agent fails to attend the Planning Commission review meeting, the application shall be deemed denied.
(2) 
The preliminary plat and draft disclosure statement and accompanying material plus any and all other data or documents submitted for consideration in the reviewing process and copies of all data and correspondence between the reviewing agencies and the subdivider shall be assembled by the subdivision coordinator under his summarizing outline cover document, and mailed or delivered to each member of the Planning Commission not later than seven days before the scheduled Planning Commission review meeting.
(3) 
Contiguous property owners and any other individuals who have requested to be notified by the Planning Coordinator shall be mailed a notice of the date, time of day and the purpose of the Planning Commission comprehensive review meeting and the separate public hearing scheduled at a later date before the Board of County Commissioners.
(4) 
During the Planning Commission review meeting, the Planning Commission shall allow all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing, but not to examine witnesses testifying during the meeting. A record of the Planning Commission meeting shall be kept. The opinions of the public agencies shall be made a part of the record.
[NOTE: See § 200-16, Public hearing for preliminary plats and draft disclosure statements, below. The Planning Commission's review meeting notice may be integrated with and published as part of the notice of the public hearing, and the Planning Commission review may be made part of the same notice.]
B. 
Planning Commission recommendation. The Planning Commission shall review the physical site of the subdivision, the revised preliminary plat, the revised draft disclosure statement and all data, documentation, material, opinions and correspondence received from state and local review agencies and any other interested parties. The Planning Commission shall then, before the public hearing is conducted, make a recommendation to the Board of County Commissioners to approve, approve with conditions, or disapprove the preliminary plat and draft disclosure statement. If a recommendation is made to approve with conditions, or to disapprove the preliminary plat and/or draft disclosure statement, a record shall be made of the conditions or reasons for disapproval or conditional approval, including any statements by members of the Planning Commission, and a record of the vote on the recommendation. The recommendation and record of the proceedings shall be forwarded to the Board of County Commissioners and the subdivider.
A. 
Scheduling. The County shall conduct a public hearing within 45 days from the receipt of all requested public agency opinions where all such opinions are favorable, or within 45 days from the date all public agencies complete their review of any additional information submitted by the subdivider. If a requested opinion is not received within the forty-five-day period, the County shall proceed with the public hearing. Notice of the public hearing shall be given at least 21 days before the hearing date.
B. 
Notice. The notice of public hearing shall be published in a newspaper of general circulation in the County and shall contain the following information:
(1) 
The time and date of the Planning Commission review meeting, whenever such meeting notice can be included in the same notice;
(2) 
Subject of the public hearing;
(3) 
Time and place of the public hearing;
(4) 
Manner for interested persons to present their views; and
(5) 
Place and manner for interested persons to review copies of the subdivider's proposal and any favorable or adverse opinions.
C. 
Notification. Copies of the notice of public hearing shall be transmitted to the following:
(1) 
The subdivider filing the application for preliminary plat approval;
(2) 
Those public agencies which initially received copies of the preliminary plat and supporting documentation with a request for opinion;
(3) 
Any interested person who previously requested such notice and provided a stamped, self-addressed envelope for such purpose; and
(4) 
Owners of property contiguous to land proposed to be subdivided.
D. 
Participation/record. An owner/developer of the proposed subdivision shall appear at the public hearing scheduled pursuant to § 200-15 unless he/she/they have provided a signed and notarized statement authorizing a designated agent to appear on their behalf. Failure of the owner/developer or designated agent to appear at the public hearing to provide additional required information may result in the Board of County Commissioners tabling the application. At the public hearing, the County shall allow all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing, and to examine witnesses testifying at the hearing. A record of the public hearing shall be kept. The opinions of the public agencies and the record of the Planning Commission proceedings shall be made a part of the record.
E. 
Action. Within 30 days after the public hearing, the Board of County Commissioners shall approve, approve with conditions, or disapprove the preliminary plat, disclosure statement and attachments. At the conclusion of the public hearing, the Board of County Commissioners may either announce their decision, or announce the date, time and place within 30 days at which a decision will be announced. A decision on approval may also be made at the conclusion of the public hearing. The Planning Coordinator shall inform the subdivider, in writing, of the decision of the Board of County Commissioners.
A. 
Expiration. An approved or conditionally approved preliminary plat shall expire 24 months after its approval or conditional approval. Upon request by the subdivider, an additional period of no more than 12 months may be added to the expiration date by the Board of County Commissioners.
B. 
Phased development. If the preliminary plat was approved for phased development, the subdivider may file final plats for portions of the development, and the expiration date of the preliminary plat shall be extended for an additional 36 months after the date of the filing of each final plat. The number of phased final plats shall not exceed four phases.
C. 
Extension. Before the expiration date of the approved or conditionally approved preliminary plat, the subdivider may submit to the Board of County Commissioners an application for extension of the preliminary plat for a period of time not exceeding 36 months. The period of time specified in this section shall be in addition to the period of time provided in Subsection B of this section.
D. 
Expiration effect. The expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed without first processing a new preliminary plat.