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;
(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:
(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.
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[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.]
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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.
