A. 
Qualifications. The following type of subdivisions shall be submitted to the County for approval under summary review procedure:
(1) 
Type Three B subdivisions unless the land within a subdivision has been previously identified in the County Comprehensive Plan or County Zoning Ordinance (if applicable) as an area subject to unique circumstances or conditions that require additional review; and
(2) 
All Type Five subdivisions.
B. 
A preapplication conference is available before application for summary review and approval (see § 200-9).
C. 
Application/fees. A subdivider shall submit 10 copies of the summary review plat, disclosure statement and supporting documents described in these regulations, and a completed application on the form provided by the Planning Coordinator. The subdivider is required to pay the summary review fee at the time the plat and supporting documentation are submitted.
D. 
Real estate taxes. The subdivider shall provide a certificate from the Otero County Treasurer which states that all property tax obligations are current on the land parcels to be subdivided and that the property is assessed on the rolls of the Otero County Assessor.
A. 
Filing specifications. Upon approval, the original drawings of the summary review plat and the disclosure statement shall be filed with the County Clerk. Original plats shall be prepared in waterproof ink on Mylar or acetate or other durable material at a scale of 200 feet to one inch or larger and printed on sheets minimum 18 inches by 24 inches and maximum 24 inches by 36 inches. Sheets shall be numbered in sequence if more than one sheet is used. The summary review plat shall be considered as a final plat suitable for filing with the County Clerk. The summary review plat shall be prominently titled "Summary Review Plat" along with the name of the subdivision.
B. 
Plat specifications. The summary review plat shall be prepared by a licensed, registered surveyor and shall include the following information:
(1) 
Title, scale, North arrow, and date of plat;
(2) 
Legal description indicating the range, township, and section within which the subdivision is located;
(3) 
A vicinity map showing the relationship of the subdivision site to its general surroundings;
(4) 
Subdivision boundary lines, easement and right-of-way lines, and property lines of all lots and other sites, with accurate dimensions, and ties to monuments;
(5) 
All lots and blocks (if any), numbered in sequence, and other sites, with acreage in accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves;
(6) 
Location, dimensions, and purpose of all easements;
(7) 
Delineation of any one-percent chance storm as designated by the Federal Emergency Management Agency;
(8) 
Existing and proposed utilities on and adjacent to the site;
(9) 
Location, dimensions and purpose of all land dedicated for public use or for the use of the owners of parcels fronting on or contiguous to the land;
(10) 
Location of any registered archaeological significant features on the site (including any marked graves);
(11) 
Names and addresses of owner or owners of land to be subdivided and of contiguous property, the subdivider (if other than the owner), and the land surveyor;
(12) 
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;
(13) 
Certification for the County Planning Commission approval certificate in the format provided in Appendix A of these regulations; and
(14) 
Certification by the Otero County Administrator or his designated representative that the subdivider has complied with Article VIII of these regulations and that the plat is approved for filing.
C. 
Affidavit. The summary review plat shall contain a statement that the land being subdivided will be subdivided in accordance with the summary review plat. The summary review plat shall be acknowledged by all owners of record and subdivider, or their authorized agents, in the manner required for the acknowledgment of deeds. Every summary review plat submitted to the County Clerk as a final plat shall be accompanied by an affidavit of the owner(s) and subdivider, or authorized agents, stating whether or not the proposed subdivision lies within the subdivision regulation jurisdiction of the County. A copy of the summary review plat shall be provided to every purchaser, lessee, or other person acquiring an interest in the subdivided land before sale, lease, or other conveyance.
D. 
Dedication. The summary review plat shall contain a certificate stating that the Board of County Commissioners has accepted, accepted subject to improvement, or rejected on behalf of the public, any land offered for dedication for public use in conformity with the terms of the offer of dedication. Upon conformity with County road construction standards, the roads may be accepted for maintenance by the County. Acceptance of offers of dedication on a summary review plat shall not be effective until the review plat is filed in the Office of the County Clerk or a resolution of acceptance by the Board of County Commissioners is filed in that office.
E. 
Disclosure statement. For all subdivisions, a disclosure statement shall be prepared in accordance with the standardized format on the forms provided in Appendix A of these regulations and shall be signed by the owner/developer. It is unlawful to sell, lease, or otherwise convey land in a subdivision until the required disclosure statement has been filed with the County Clerk, the Board of County Commissioners, and the Attorney General's office; and until the prospective purchaser, lessee, or other person acquiring an interest in the subdivided land has been given a copy of the disclosure statement. For all summary review subdivisions with slopes of more than 4% or which have arroyos or waterways running through them or which require the construction of a new road, a terrain management plan as described in Appendix D, Section D.3, Terrain Management Plan for Summary Review, shall be included.
F. 
Utility easement approval. An affidavit in the format provided in Appendix A of these regulations shall be submitted with the summary review plat to demonstrate that all utility companies that will provide service to the subdivision have reviewed the summary review plat and approved utility easements.
G. 
Restrictive covenants. Restrictive covenants, if any, shall be attached to the disclosure statement and referenced in the disclosure statement where appropriate. The subdivider or his agent shall provide a copy of the restrictive covenants to all prospective purchasers.
H. 
Fees. Required fees for summary review must be paid at the time the plat is submitted. All fees are nonrefundable.
I. 
Land sales act. Any subdivider who has satisfied the disclosure requirement of the Interstate Land Sales Full Disclosure Act may submit the approved statement of record in lieu of the disclosure statement required by the New Mexico Subdivision Act. However, any information required in the New Mexico Subdivision Act or this chapter and not covered in the subdivider's statement of record shall be attached to the statement of record.
J. 
Advertising standards. The advertising standards covering the sale, advertising for sale, offer for sale, lease, or other conveyance of subdivided land provided in Article X of these regulations shall be applicable to summary review plats.
K. 
Sample contracts. The subdivider shall attach a sample copy of sales contracts, leases, and any other documents which will be used to convey an interest in the subdivided land and include them as attachments to the disclosure statement along with documentation demonstrating that any seller financed mortgages shall be in compliance with 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.).
L. 
Recording. The summary review plat is in full force and effect only after having been recorded in the Office of the County Clerk within one year after the date of approval by the Planning Commission.
On receipt of the application, fees, summary review plat, disclosure statement, and supporting documentation, the Planning Coordinator shall review all materials in order to determine if the summary review plat is ready to begin the review process. If there are no deficiencies, the summary review plat will be deemed complete for review by written notice to the subdivider within 30 days after the date of application. If the summary review plat or disclosure statement and supporting documentation is incomplete or does not comply with the submittal requirements, the subdivider shall be notified, in writing, and given a maximum time period of 30 days to correct the deficiencies and return the summary review plat and disclosure statement for consideration.
A. 
Review of summary review plat. The summary review plat and supporting documents shall be reviewed by the Otero County Road Department, Otero County GIS office, Otero County Examining Surveyor, and any other public agency deemed necessary by the County. These agencies shall submit written comments within 30 days of receipt of the summary review plat and disclosure statement and copies of the comments shall be forwarded to the subdivider or his designated agent.
B. 
Summary review plat approval. Within 30 days of the date the summary review plat and disclosure statement are deemed complete, the County shall, at a public hearing, approve, approve with conditions, or disapprove the summary review plat. The Board of County Commissioners may delegate the authority to approve any qualified subdivision under summary review to the Planning Commission.
C. 
Improvement agreement. If, at the time of approval of the summary review plat for filing, any public improvements have not been completed by the subdivider as required by these regulations, the Board of County Commissioners shall, as a condition for approval of the summary review plat for filing, require the subdivider to enter into an agreement with the County, on mutually agreeable terms, to thereafter complete the improvements at the subdivider's expense. All public improvements (roads, etc.) shall be completed within 24 months of Planning Commission approval of the summary review plat. 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. (See Appendix A, Sample Agreement.)
D. 
Requirement for construction to commence. Construction shall commence within one year of summary review plat approval. If constructions is not commenced within one year of summary review plat approval, the subdivision will be deemed abandoned unless an extension is requested and approved prior to the expiration of one year. There shall be no limit to the number of extensions which may be requested. If construction is not commenced within one year, or an extension granted, review and approval will again be required of any subdivision prior to any development.