These subdivision and land division regulations are adopted
pursuant to NMSA 1978, section 47-6-9.
(Ordinance 2016-9 adopted 12/13/16)
This Chapter establishes the general rules and regulations governing
the preparation, review, and recordation of plats that divide land
within Santa Fe County. This Chapter is intended to promote the purposes,
intent, findings and substantive provisions of the SLDC and to implement
the goals, policies and strategies of the SGMP and any applicable
area, district or community plan.
(Ordinance 2016-9 adopted 12/13/16)
5.3.1
Generally.
Unless otherwise stated herein, the provisions of this Chapter apply to any division of a surface area of land into two or more parcels for sale, lease or other conveyance or for building development. Most such divisions are deemed “subdivisions” subject to the applicable subdivision provisions of this Chapter. However, certain lesser divisions of land, referred to as “exempt land divisions,” are exempt from subdivision requirements but remain subject to zoning requirements and review and approval as provided in Section 5.4.
5.3.2
Development Order Required.
The owner of any tract of
land who desires to divide the land shall obtain a development order
approving the division as a major or minor subdivision or an exempt
land division prior to recording a plat making the division.
5.3.3
Unapproved Division Prohibited.
5.3.3.1
No person shall divide or subdivide any tract, parcel or lot of land
without making and recording a final plat and complying fully with
the requirements of the SLDC. No land within the jurisdiction of the
County may be divided through the use of any legal description other
than with reference to a final plat approved in accordance with the
SLDC.
5.3.3.2
No person shall sell, lease or transfer ownership of any tract, parcel
or lot of land by reference to a plat or subdivision map before a
final plat has been duly recorded with the County Clerk.
5.3.3.3
The County Clerk shall not file or record any final plat or deed
that divides or subdivides land until it has been approved in a development
order in accordance with this Chapter. The County Clerk shall not
file or record any condominium declaration absent certification of
the Administrator that the provisions of this Chapter have been met.
5.3.4
Boundary Surveys, Utility or Access Easements.
Nothing
in this Chapter regulates the recording of a boundary survey, so long
as the survey does not purport to divide or subdivide property. Creation
of a utility or access easement on a boundary survey is not regulated
by this Chapter except to the extent that the creation of such utility
or access easement is intended to divide or subdivide property, in
which case a development order shall be required.
5.3.5
Commencement and Completion of Development.
Commencement
of construction or work shall begin within one (1) year of the date
of the issuance of the development permit. Construction or work set
forth in the development permit shall be completed within two (2)
years of the issuance of the development permit unless an extension
of time has been obtained from the Administrator.
(Ordinance 2016-9 adopted 12/13/16)
5.4.1
Applicability.
Certain land divisions are not deemed subdivisions under New Mexico law (NMSA 1978, section 47-6-2) and therefore are not subject to the subdivision requirements of this Chapter. Such divisions are referred to as land divisions and subdivision exemptions and are listed in Section 5.4.3 below. Regardless of being exempted from subdivision requirements, these land divisions and subdivision exemptions remain subject to all other provisions of the SLDC and therefore require review and approval of a final plat by the Administrator and shall be required to comply with the requirements of final plats and all applicable design standards of Chapter 7. The applicable procedures for review and approval of exempt land divisions are set forth in Table 4-1.
5.4.2
Approval Criteria.
No discretionary or ministerial development
approval shall be granted for any exempt land division until it is
demonstrated that all resulting tracts, parcels or lots meet all applicable
sections of SLDC including the requirements of the zoning district
in which they are located.
5.4.3
Land Divisions and Subdivision Exemptions.
The following
land divisions and plats shall not be deemed subdivisions and are
exempt from the imposition of subdivision requirements of this Chapter:
5.4.3.1
Lot Line Adjustment.
A lot line adjustment is and means
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. A lot line adjustment shall be administratively reviewed
and approved by the Administrator.
5.4.3.2
Family Transfer.
A division of land to create a parcel
that is sold or donated as a gift to an immediate family member. A
donor may sell or give no more than one parcel per tract of land per
immediate family member without having to comply with the subdivision
regulations set forth in this Chapter and the New Mexico Subdivision
Act, NMSA 1978, section 47-6-1 et seq.
5.4.3.3
Large Agricultural Tracts.
A sale, lease or other conveyance
of any parcel that is thirty-five (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, section 7-36-20, for the preceding three years.
5.4.3.4
Apartments or Offices.
A sale or lease of apartments,
offices, stores or similar spaces within a building.
5.4.3.5
Land Divisions within Municipalities.
A division of
land within the boundaries of a municipality.
5.4.3.6
Severance of Mineral Interests.
A division of land in
which only gas, oil, mineral or water rights are severed from the
surface ownership of the land; however, oil and gas exploration and
production is otherwise regulated by Ordinance No. 2008-19 [Title
XV, Exhibit B of the Code of Ordinances].
5.4.3.7
Court Ordered Divisions.
A division of land created
by court order where the order creates no more than one parcel per
party.
5.4.3.8
Grazing or Farming.
A division of land for grazing or
farming activities; provided the land continues to be used for grazing
or farming activities.
5.4.3.9
Burials.
A division of land to create burial plots in
a cemetery.
5.4.3.10
Security Interests.
A 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.
5.4.3.11
Large Parcels.
A sale, lease or other conveyance of
land that creates no parcel smaller than one hundred forty (140) acres.
5.4.3.12
Certain Donations.
A 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 that conducts classes on a regular basis; or church or
group organized for the purpose of divine worship, religious teaching
or other specifically religious activity.
5.4.3.13
Single Parcels in Less than Five-Year Increments.
A
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 the SLDC;
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.
5.4.3.14
Boundary Plat.
The graphic representation and legal
description of a parcel, lot or tract of land.
5.4.3.15
Consolidation Plat.
The graphic representation and legal
description of a merger, incorporation or consolidation of two or
more parcels, lots or tracts of land.
5.4.3.16
Easement Plat.
The graphic representation and legal
description of an easement on a parcel, lot or tract of land.
5.4.3.17
Plat Amendment.
A minor change or correction on a plat.
5.4.3.18
Sending Area Plat.
A plat that designates a sending
area conservation area for TDR purposes.
(Ordinance 2016-9 adopted 12/13/16)
5.5.1
Classification.
For purposes of this Chapter, subdivisions
are classified as either major or minor. Table 5-1 indicates which
subdivisions are classified major or minor.
|
Table 5-1: Classification of Subdivisions
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|---|---|
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Major Subdivisions
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Minor Subdivisions
|
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Type One: 500+ parcels*
|
Type Three (minor): 2-5 parcels*
|
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Type Two: 25-499 parcels*
| |
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Type Three (major): 6-24 parcels*
|
Type Five: 2-24 parcels**
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Type Four: 25+ parcels**
| |
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*Where any parcel is less than ten (10) acres in size.
|
|
**Where each parcel is greater than ten (10) acres in size.
|
5.5.2
Applicability.
Major and minor subdivisions are subject
to the standards set forth in this Chapter for approval of subdivision
plats.
5.5.3
Determination by Administrator.
The Administrator, as
part of the completeness review, shall determine whether a proposed
subdivision constitutes a minor or major subdivision and notify the
applicant of the classification when the applicant is notified of
the decision concerning completeness review.
5.5.4
Review Procedures.
Separate procedures are prescribed
for review of major and minor subdivisions in Table 4-1 to reflect
differing levels of complexity in the applications. Before any land
is subdivided, the applicant shall apply for and secure approval of
the proposed subdivision in accordance with the following procedures:
5.5.4.1
Major Subdivision:
In the case of major subdivisions,
the procedure shall include two principal steps: (i) preliminary plat
approval and (ii) final plat approval. In addition to the above, all
major subdivisions creating more than 24 lots and any phased major
subdivision shall be required to submit a conceptual plan.
5.5.4.2
Minor Subdivision.
In the case of minor subdivisions
creating no more than five (5) lots, the procedure shall include administrative
approval of the final plat in a single step known as summary review.
The final plat for minor subdivisions creating over five (5) lots
will be approved by the Board. Preliminary plat review is not required
for minor subdivisions.
5.5.5
Compliance with SLDC.
All subdivisions shall comply
with the applicable provisions of the SLDC including, but not limited
to, the lot size, density and zoning provisions of Chapter 8 and the
design standards of Chapter 7.
(Ordinance 2016-9 adopted 12/13/16)
5.6.1
Applicability.
All minor subdivisions creating no more
than five (5) lots are subject to summary review, the procedures for
which are set forth in Table 4-1 and this Section. While summary review
involves review of a final plat by the Administrator (no preliminary
plat required), these subdivisions still shall comply with all requirements
of the SLDC including the requirements and submittals imposed on both
preliminary and final plats.
5.6.2
Grant of Authority.
Pursuant to NMSA 1978, section 47-6-11(M),
the Board hereby delegates its approval authority for minor subdivisions
to the Administrator.
5.6.3
Subdivision Approval Standards and Requirements.
The
Administrator shall not approve or conditionally approve an application
for minor subdivision unless it is determined that:
5.6.4
Timing.
A final plat for minor subdivision shall be
approved or disapproved within thirty (30) days of the application
being deemed complete by the Administrator. If the Administrator does
not act on the minor subdivision plat application within the required
period of time, the applicant shall give the Administrator written
notice of his failure to act. If the Administrator fails to approve
or reject the minor subdivision plat within thirty (30) days after
that notice, the Administrator shall, upon written demand from the
applicant, issue a certificate stating that the minor subdivision
plat has been approved.
(Ordinance 2016-9 adopted 12/13/16)
5.7.1
Applicability.
Preliminary plat approval is required
for all major subdivisions in accordance with this Section and the
procedures as set forth in Table 4-1.
5.7.2
Application.
An application for preliminary plat approval
shall be filed with the Administrator and include all information
and submittals required by this Chapter, Chapter 4, and any additional
submittals required by the Administrator as provided in the application
form.
5.7.3
Preliminary Plat Requirements.
The application for preliminary
plat approval shall, at a minimum, include all of the following:
5.7.3.1
A proposed disclosure statement consistent with NMSA 1978, section
47-6-17;
5.7.3.2
All documentation required by NMSA 1978, section 47-6-11 and by the
SLDC for the purpose of demonstrating:
1.
water
sufficient in quantity to fulfill the maximum annual water requirements
of the subdivision including water for indoor and outdoor domestic
use;
2.
water
of an acceptable quality for human consumption and measures to protect
the water supply from contamination;
3.
satisfactory
means of liquid waste disposal;
4.
satisfactory
means of solid waste disposal;
5.
satisfactory
roads to each parcel, including ingress and egress for emergency vehicles
and utility easements to each parcel;
6.
satisfactory
terrain management to protect against flooding, inadequate drainage
and erosion; and
7.
satisfactory
protection for cultural properties, archaeological sites and unmarked
burials that may be impacted directly by the subdivision, as required
by the Cultural Properties Act.
5.7.3.3
For Subdivisions connecting to the County Utility, a public utility
or publicly-regulated water or wastewater system, a ready willing
and able letter of commitment to serve for domestic and fire protection
purposes and a water allocation approval from the utility shall be
provided prior to preliminary plat approval by the Board. If the County
utility will provide water, the water allocation must be in the form
of a resolution by the Board.
5.7.4
Endorsements.
5.7.4.1
The application shall contain adequate information to assure the
Board that the legal owner is participating in the development approval
process and consents thereto, and authorizes County access to the
subject property for site inspection purposes.
5.7.4.2
The application shall provide proof that all taxes due on the property
have been paid in full. Applicants should be aware that NMSA 1978,
section 7-38-44.1, which was enacted into law and became effective
on April 2, 2013, amended the Property Tax Code. That amendment requires
a taxpayer to pay the taxes, penalties and interest due on real property
divided or combined through the taxable year in which the property
is divided or combined prior to filing a plat. The amendment also
provides for a county assessor to determine the tax rate and amount
of taxes due on such property and requires the assessor to proceed
to immediately collect those taxes, penalties, interest and fees determined
to be due for the taxable year in which the property is divided or
combined.
5.7.4.3
The application shall provide proof of legal access to the property.
5.7.5
Review by Certain Agencies and Tribal Governments.
5.7.5.1
Reviewing Entities.
In determining whether an applicant
can fulfill the requirements of the SLDC and whether the required
findings can be made, the Administrator shall, within ten (10) days
after the preliminary plat approval application is deemed complete,
request opinions from the following reviewing entities which shall
have thirty (30) days from the date of the request to review the application
is received and provide an opinion to the Administrator:
1.
the
Office of the State Engineer, who shall determine:
a.
whether the applicant can furnish water sufficient in quantity to
fulfill the maximum annual water requirements of the subdivision,
including water for indoor and outdoor domestic uses; and
b.
whether the applicant can fulfill the proposals in the proposed disclosure
statement concerning water, excepting water quality;
2.
the
New Mexico Environment Department to determine:
a.
whether the applicant can furnish water of an acceptable quality
for human consumption and measures to protect the water supply from
contamination in conformity with state regulations promulgated pursuant
to the Environmental Improvement Act;
b.
whether there are sufficient liquid and solid waste disposal facilities
to fulfill the requirements of the subdivision in conformity with
state regulations promulgated pursuant to the Environmental Improvement
Act, the Water Quality Act and the Solid Waste Act; and
c.
whether the applicant can fulfill the proposals contained in the
proposed disclosure statement concerning water quality and concerning
liquid and solid waste disposal facilities;
3.
the
New Mexico Department of Transportation to determine whether the applicant
can fulfill the state highway access requirements for the subdivision
in conformity with state regulations promulgated pursuant to NMSA
1978, section 67-3-16;
4.
the
applicable soil and water conservation district to determine:
5.
each
Indian nation, tribe or pueblo with a historical, cultural or resource
tie with the County that submits at least annually, via certified
mail, return receipt requested, a written request for notification
to the Board, which request indicates the Indian nation, tribe or
pueblo’s historical, cultural or resource tie with the county,
its contact information and a listing of the types of documentation
required to be submitted by a applicant to the county that may be
necessary for its review to determine:
6.
such
other public agencies as the Administrator deems necessary, such as
local school districts and fire districts, to determine whether there
are adequate facilities to accommodate the proposed subdivision.
5.7.5.2
Affirmative Opinions.
If, in the opinion of each appropriate public agency or Indian nation, tribe or pueblo, the applicant can fulfill the requirements of Section 5.7.5.1, the Board shall weigh these opinions in determining whether to approve the preliminary plat at a public hearing to be held in accordance with NMSA 1978 section 47-6-14.
5.7.5.3
Adverse Opinions.
If, in the opinion of the appropriate public agency or Indian nation, tribe or pueblo, an applicant cannot fulfill the requirements of Section 5.7.5.1 or, if the appropriate public agency or Indian nation, tribe or pueblo does not have sufficient information upon which to base an opinion on any one of these subjects, the applicant shall be notified of this fact by the Administrator. If the appropriate public agency or Indian nation, tribe or pueblo has rendered an adverse opinion, the Administrator shall provide a copy of the opinion to the applicant. The Administrator shall give the applicant thirty (30) days from the date the applicant is notified of the deficiencies to submit additional information to the public agency or the Indian nation, tribe or pueblo through the Administrator. The public agency or the Indian nation, tribe or pueblo shall have thirty (30) days from the date the additional information is received to change its opinion or issue a favorable opinion when it has withheld one because of insufficient information. No more than thirty (30) days following the date of the expiration of the thirty-day period, during which the public agency or the Indian nation, tribe or pueblos reviews any additional information submitted by the applicant, the Board shall hold a public hearing in accordance with NMSA 1978, § 47-6-11 to determine whether to approve the preliminary plat. Where the public agency has rendered an adverse opinion, the applicant shall have the burden of showing that the adverse opinion is incorrect either as to factual or legal matters. Where the Indian nation, tribe or pueblo has rendered an adverse opinion, the applicant may submit additional information to the Board. If a public agency disagrees with an adverse opinion rendered by an Indian nation, tribe or pueblo, that agency shall submit a response to the Board.
5.7.6
Consideration of Application; Public Hearing; Development Order.
5.7.6.1
A quasi-judicial public hearing on the preliminary plat application shall be conducted within thirty (30) days from the receipt of all requested public agency opinions where all such opinions are favorable, or within thirty (30) days from the date of receipt of a revised opinion following review of any additional information submitted by the applicant pursuant to NMSA 1978, section 47-6-11. If the Board does not receive a requested opinion within the thirty-day period specified in Section 5.7.5.1, the Board shall proceed. The hearing shall be conducted in accordance with the provisions of NMSA 1978, section 47-6-14 and the SLDC.
5.7.6.2
At the hearing on the application, the Board shall:
1.
consider
all of the information[,] comments, opinions and recommendations provided,
the recommendation of the Administrator, the SRAs required by Chapter
6, the documentation required pursuant to NMSA 1978, section 47-6-11,
and the testimony and documentary evidence submitted;
2.
determine
whether the application meets the requirements of the SLDC; and
5.7.6.3
Not more than thirty (30) days after the conclusion of the public
hearing the Board shall approve, approve with conditions, or disapprove
the application by approving its findings of fact and conclusions
of law at a public meeting of the Board. A development order shall
be issued to reflect the Board’s action. The thirty (30) day
period may be extended by mutual consent of the parties.
5.7.6.4
The applicant may withdraw its application at any time prior to the
Board’s determination by submitting a written notice of withdrawal
to the Administrator. Reapplication will thereafter be subject to
the applicable provisions of the SLDC.
5.7.7
Preliminary Plat Approval Standards and Requirements.
The Board shall not approve or conditionally approve an application
for preliminary plat unless the following findings are made in writing:
5.7.8
Conditions of Approval.
In considering an application
for preliminary plat, the Board may impose mitigation requirements
or conditions to the extent that such requirements or conditions are
necessary to ensure compliance with the standards, requirements or
criteria of the SLDC, including:
5.7.8.1
protection of environmentally sensitive, archaeological, cultural
and historic lands;
5.7.8.2
prevention of air and water pollution;
5.7.8.3
provision of adequate public facilities and services;
5.7.8.4
mitigation of traffic congestion;
5.7.8.5
avoidance of negative fiscal impacts; and
5.7.8.6
ensuring sustainability.
5.7.9
Preliminary Plat Amendments.
Proposed amendments to
an approved preliminary plat shall be made prior to filing an application
for final plat approval and shall be reviewed and processed as follows:
5.7.9.1
Minor amendments may be approved by the Administrator without a public
hearing and without the filing of a new preliminary plat. Minor amendments
are limited to the following:
1.
changes
in the internal alignment of roads that do not affect external properties
or the connectivity of roads;
2.
changes
in internal parcel or lot boundaries;
3.
changes
in setbacks along internal property lines;
4.
changes
to lot numbering or addressing;
5.
changes
in the internal routing of trails and pedestrian ways; or
6.
a
decrease in the number of lots proposed; providing, however that the
overall layout, design and services proposed must conform with the
originally approved preliminary plat.
5.7.9.2
No minor amendment authorized by this Section may cause any of the
following:
1.
change
in the permitted uses;
2.
increased
intensity of use as measured by the number of dwelling units or square
footage of nonresidential building area;
3.
increased
need for environmental mitigation, adequate public facilities or services,
trip generation or demand for public utilities;
4.
decreased
public or private open space area; or
5.
increased
volume or velocity of stormwater runoff from the development.
5.7.9.3
Any change to an approved preliminary plat other than those set forth
in this Section shall constitute a major amendment that shall be processed
the same as the original preliminary plat, including the requirement
of Board approval.
5.7.10
Filing of Preliminary Plat.
An executed original preliminary
plat, along with any approved amendments thereto, shall be filed with
the Administrator, but shall not be filed in the Office of the County
Clerk.
5.7.11
Expiration of Preliminary Plat.
An approved or conditionally
approved preliminary plat shall expire unless the applicant obtains
a development order granting approval of the final plat within twenty-four
months (24) from the date of preliminary plat approval or conditional
approval. Prior to the expiration of the approved or conditionally
approved preliminary plat, the applicant may submit an application
for extension, for approval by the Board, for a period of time not
to exceed a total of thirty-six (36) months from the original approval
date. No further extension shall be granted under any circumstances
and the preliminary approval shall become null and void upon expiration
of the preliminary plat. No application for final plat approval shall
be allowed to be submitted after the preliminary plat has expired.
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.
5.7.12
Phased Development.
The Board may approve a sectionalized
phasing plan extending the effective period of the preliminary plat
approval where it is the intent of the applicant to proceed to a final
plat covering only a section or phase of the site at any one time.
Each filing of a final plat shall extend the expiration of the approved
or conditionally approved preliminary plat for an additional thirty-six
(36) months from the date of its expiration or the date of the previously
filed final plat, whichever is later. Once a preliminary plat has
expired, the phased preliminary plat approval development order shall
be null and void.
(Ordinance 2016-9 adopted 12/13/16)
5.8.1
When Required.
Final plat approval is required for all subdivisions, both major and minor. No final plat shall be recorded until a final plat has been approved as provided in this Section, or in the case of a minor subdivision as provided in Section 5.6.
5.8.2
Application.
An application for final plat approval
shall be filed with the Administrator and include all information
and submittals required by this Chapter and Chapter 4. If the approved
preliminary plat permitted phasing or sectionalizing, the application
shall submit an application only for the phase(s) proposed.
5.8.3
Compliance with Preliminary Plat (major subdivisions).
The final plat for a major subdivision shall conform to the approved or approved amended preliminary plat, including all conditions and mitigation requirements contained within the development order approving the preliminary plat. No deviation from the approved or approved amended preliminary plat, together with all conditions and mitigation requirements, shall be authorized to be granted at final approval; any deviation from the development order granting the preliminary plat approval shall require an amendment as provided in Section 5.7.9.
5.8.4
Final Plat Requirements.
5.8.4.1
Document Preparation.
Final plat documents shall be prepared as specified in this Section 5.8. In accordance with NMSA 1978, section 47-6-3, the final plat shall:
1.
be
prepared and certified by a surveyor registered in the State of New
Mexico;
2.
define
the subdivision and all roads by reference to permanent monuments;
3.
accurately
describe legal access to, roads to and utility easements for each
parcel, and if the access or easements are based on an agreement,
the recording data in the land records for the agreement;
4.
number
each parcel in progression, give its dimensions and the dimensions
of all land dedicated for public use or for the use of the owners
of parcels fronting or adjacent to the land;
5.
delineate
those portions of the subdivision that are located in a floodplain;
and
5.8.4.2
Statements; Acknowledgments.
The final plat shall:
1.
contain
a statement that the land being subdivided is subdivided in accordance
with the final plat;
2.
contain
a statement indicating the zoning district in which the subdivision
is located;
3.
be
acknowledged by the owner and applicant or their authorized agents
in the manner required for the acknowledgment of deeds; and
4.
be
accompanied by an affidavit of the owner and applicant or their authorized
agents stating whether or not the proposed subdivision lies within
the subdivision regulation jurisdiction of the county.
5.8.4.3
Offers of Dedication.
1.
The
final plat application shall be accompanied by formal, irrevocable
offers of dedication either pursuant to a voluntary development agreement
entered into between the applicant and the County, or as required
by the development order issued with respect to preliminary plat approval.
The application shall be accompanied with appropriate instruments
of conveyance granting fee title or easement rights, in a form approved
by the County Attorney, for all:
a.
roads;
b.
public infrastructure;
c.
easements;
d.
affordable housing sites, as applicable;
e.
parks and recreation lands;
f.
school and library sites;
g.
open space;
h.
transfers of development rights;
i.
archaeological, cultural and historic sites;
j.
wetlands, floodways, streams, hillsides and environmentally sensitive
areas;
k.
agricultural preservation and protection areas; and
l.
bicycle and pedestrian trails and lands to be set aside for other
public improvements and services.
2.
The
final plat shall be marked with a notation indicating the formal offers
of dedication as follows:
|
The Owner does hereby irrevocably offer for dedication to the
County or other designated governmental or nonprofit association,
shown on the final plat and construction plans as required by the
development order approving the final plat in accordance with an irrevocable
offer of dedication dated ________________, and recorded in the Santa
Fe County Clerk’s office.
|
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By ______________ Date ______________ Owner
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3.
The
final plat shall contain a certificate stating that the Board 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 full conformance with county
road construction and acceptance standards, roads may be accepted
for maintenance. Acceptance of offers of dedication on a final plat
shall not be effective until the final plat is filed in the Office
of the County Clerk or a resolution of acceptance by the Board is
filed in such office.
5.8.4.4
Subdivision Improvement Agreement.
1.
The
final plat shall not be approved until the applicant enters into a
subdivision improvement agreement with the County, accompanied by
a financial guaranty in a form acceptable by the County.
2.
All
subdivision improvements shall be completed no later than two (2)
years following the date upon which the final plat is recorded. An
additional one (1) year may be obtained upon approval of the Administrator.
3.
The
subdivision improvement agreement shall provide that the covenants
contained therein shall run with the land and bind all successors,
heirs, and assignees of the owner. The subdivision improvement agreement
shall be recorded by the County Clerk within the applicant’s
chain of title.
4.
Where
no other primary or secondary (emergency) access is available, the
first priority of the subdivision improvement agreement shall be installation
of base course for the roads within the final plat or a section of
the final plat to provide emergency access. No land use alteration
or grading, construction of any building or structure or improvement
shall be undertaken until such emergency access is provided, unless
the alteration or grading, construction of any building or structure
or improvement is necessary to construct emergency access.
5.8.4.5
Water permit required for final plat.
1.
Pursuant
to NMSA 1978, section 47-6-11.2 (2013), before approving the final
plat for a subdivision containing ten (10) or more parcels, any one
of which is two (2) acres or less in size, the Administrator shall:
a.
require that the subdivider provide a proof of service commitment
from a water provider as well as an opinion from the OSE that the
subdivider can fulfill the requirements of NMSA 1978, section 47-6-11(F)(1),
or provide a copy of a permit obtained from the OSE, issued pursuant
to NMSA 1978, section 72-12-3 or 72-12-7 for the subdivision water
use.
b.
not approve the final plat unless the OSE has so issued a permit
for the subdivision water use or the subdivider has provided proof
of a service commitment from a water provider and the OSE has provided
an opinion that the subdivider can fulfill the requirements of NMSA
1978, section 47-6-11(F)(1).
c.
not approve the final plat based on the use of water from any permit
issued pursuant to NMSA 1978, section 72-12-1.1.
2.
For
Subdivisions connecting to the County, a public, or publicly-regulated
water or wastewater system, a water delivery agreement or a wastewater
collection agreement, which shall include provisions governing any
required water or wastewater line extension, shall be entered into
at or prior to final plat approval by the Board.
3.
For
Subdivisions connecting to the County, a public or publicly-regulated
water or wastewater system, all conditions of the water delivery agreement
or wastewater collection agreement relating to the subdivision’s
entitlement to water or wastewater service shall be complied with
prior to recordation of the final plat.
5.8.5
Development Agreement.
All major subdivisions are encouraged
to enter into a voluntary development agreement pursuant to the provisions
of Chapter 12.
5.8.6
Consideration and Approval of Final Plat.
5.8.6.1
Timing.
The Board shall approve, conditionally approve or reject the application for final plat at a public meeting within thirty (30) days after the application is deemed complete by the Administrator pursuant to Section 4.4.6.
5.8.6.2
Failure to Act.
If the Board does not act on a final
plat application within the required period of time, the applicant
shall give the Board written notice of its failure to act. If the
Board fails to approve or reject the final plat within thirty (30)
days after that notice, the Board shall, upon written demand from
the applicant, issue a certificate stating that the final plat has
been approved.
5.8.6.3
Review Standards.
The Board shall not deny a final plat
if it has previously approved a preliminary plat for the proposed
subdivision and it finds that the final plat is in substantial compliance
with the approved preliminary plat. However, the Board shall not issue
a development order approving a final plat unless and until:
1.
the
final plat approval application has been received and deemed complete;
2.
the
final plat substantially conforms to the preliminary plat and all
conditions and requirements are complied with;
3.
the
final plat and all documents required are in a form acceptable for
recording with the County Clerk;
4.
the
development and subdivision improvement agreements have been signed
and notarized and are otherwise fully executed; and
5.
the
administrative and final plat fees have been deposited with the Administrator,
together with proper security.
5.8.6.4
Conditions.
The Board may introduce conditions or mitigation
requirements not a part of the preliminary plat only upon finding
that:
5.8.6.5
Scope of Approval.
Approval of the final plat by the
Board shall not be deemed to constitute acceptance of any offer of
dedication, or deposit of any deed or grant of easement until all
improvements have been constructed and satisfactorily completed by
the developer in accordance with the development order approving the
final plat, the approved construction plans and any development or
subdivision improvement agreement entered into.
5.8.6.6
Denial of Final Plat.
A denial of a final plat by the
Board shall be accompanied by a finding identifying the requirements
that have not been met.
5.8.7
Expiration of Final Plat.
Any approved or conditionally
approved Final Plat, shall be recorded within twenty-four (24) months
after its approval or conditional approval or the Plat shall expire.
Prior to the expiration of the Final Plat, the subdivider may request,
from the Board, an extension of the Final Plat for a period of time
not exceeding thirty-six (36) months.
5.8.8
Recording.
Upon approval of a final plat, the final
plat, subdivision covenants, disclosure statement, and any other relevant
document(s) shall be recorded in the office of the County Clerk. The
original Mylar drawing, together with related documents, shall be
dated and signed by the Board Chair, the Administrator, Rural Addressing,
Fire Marshal, appropriate utility companies, and other appropriate
signatures. The County Clerk shall not accept for filing any final
plat subject to the New Mexico Subdivision Act that has not been approved
as provided in the Subdivision Act and the SLDC. Whenever separate
documents are to be recorded concurrently with the final plat, the
county clerk shall cross-reference such documents.
5.8.9
Expiration period.
Where no expiration period is provided
for in a development order or development agreement, all approvals
of development orders or voluntary development agreements shall expire
after:
5.8.9.1
the failure to commence the development within three years after
approval,
5.8.9.2
the failure to have completed 25% of the development within four
years after approval,
5.8.9.3
the failure to have completed 50% of the development within five
years after approval,
5.8.9.4
the failure to have completed 75% of the development within six years
after approval; or
5.8.9.5
the failure to have completed 100% of the development within seven
years after final development approval.
(Ordinance 2016-9 adopted 12/13/16)
5.9.1
Monuments.
5.9.1.1
All primary subdivision boundary corners and the intersections of
road centerlines shall be marked with permanent monuments at that
point or if necessary with an offset marking.
5.9.1.2
A permanent monument shall be concrete with a brass or aluminum cap.
The concrete monument shall be a minimum of six (6) inches in diameter
and shall be extended thirty (30) inches below the finished grade.
5.9.1.3
Any described mark shall be permanently affixed to rock or concrete
through the use of an expansion bolt, set in a drilled hole with a
ferrous metal rod (rebar or pipe) of a minimum length of forty-eight
(48) inches, a survey post approved by the Bureau of Land Management,
or any monument of higher standards.
5.9.1.4
Secondary monuments may be rebar, pipe or other metal rod, not less
than 1/2" diameter and 16" in length with surveyor’s registration
number on cap which may be aluminum, plastic, brass or comparable
material. Secondary monuments shall be set at all lot corners, points
of curve and boundary angle points.
5.9.2
Road Development.
5.9.2.1
Roads within a subdivision shall be constructed only on a schedule
approved by the Board. In approving or disapproving an applicant’s
road construction schedule, the Board shall consider:
1.
the
proposed use of the subdivision;
2.
the
period of time before the roads will receive substantial use;
3.
the
period of time before construction of homes will commence on the portion
of the subdivision serviced by the road;
4.
the
requirements of this Chapter governing phased development; and
5.
the
needs of prospective purchasers, lessees and other persons acquiring
an interest in subdivided land in viewing the land within the subdivision.
5.9.2.2
All proposed roads shall conform to minimum safety and design standards
established in Chapter 7.
5.9.2.3
The Board shall not approve the grading or construction of roads
unless and until the applicant can reasonably demonstrate that the
roads to be constructed will receive use and that the roads are required
to provide access to parcels or improvements within twenty-four (24)
months from the date of construction of the road.
5.9.2.4
It is unlawful for the applicant to grade or otherwise commence construction
of roads unless the construction conforms to the schedule of road
development approved by the Board.
5.9.2.5
Before approving an application for approval of a final plat pursuant
to this Chapter, the Administrator shall ensure that the Board has
approved the schedule of road development. Failure to obtain Board
approval of the schedule shall mean that the application shall not
be deemed complete.
5.9.3
Construction Plans.
5.9.3.1
Construction plans shall be submitted to the Administrator along
with the application.
5.9.3.2
All required improvements shall be constructed in accordance with
the applicable requirements of Chapter 7 and any applicable design
and improvement standards required by federal or state agencies, public
or private utilities, schools, assessment or public improvement districts
or other applicable entities.
5.9.3.3
The Administrator shall review construction plans for compliance
with the preliminary plat, the SLDC, and other applicable requirements,
and may consult with the TAC on technical matters.
5.9.4
Modification of Construction Plans.
5.9.4.1
All installations of improvements and all construction shall substantially
conform to the approved construction plans. If the applicant chooses
to make minor modifications in the construction plans’ specifications
after the recording of the final plat and during construction, such
changes shall be made only with the written approval of the Administrator.
5.9.4.2
It shall be the responsibility of the applicant to notify the Administrator
in advance of any substantial changes to be made from the approved
specifications or drawings.
5.9.4.3
In the event that actual construction work substantially deviates
from that shown on the approved construction plans, and such deviation
was not approved in advance by the Administrator, the applicant may
be required to correct the installed improvements to conform to the
approved construction plans. In addition, the Administrator may take
such other actions as deemed appropriate, including, but not limited
to, recommending revocation or suspension of development approvals
already issued or withholding of future development approvals.
5.9.5
As-Built Drawings.
5.9.5.1
Submittal.
Prior to final inspection of the required
improvements, and prior to the issuance of any ministerial development
approval for any tract, parcel or lot in the subdivision, the applicant
shall submit to the Administrator a digital disk and two prints of
as-built engineering drawings for each of the required improvements
that have been completed. Each set of drawings shall be recertified
by the applicant’s professional engineer, indicating the date
when the as-built survey was made.
5.9.5.2
Sewer and Storm Drainage.
As-built drawings shall show
the constructed vertical elevation, invert elevation, horizontal location
and size of all sanitary and storm sewers; rainwater capture swales,
pervious pavements, filtering and treatment facilities; manholes,
inlets, junction boxes, detention basins, and other appurtenances
or elements of the sewerage and storm drainage systems constructed
to serve the subdivision. Sewer and storm drain lines shall be videotaped
and a copy of the videotape shall be provided with the as-built drawings.
Copies of any and all test results or other investigations shall be
provided to the Administrator.
5.9.5.3
Water.
As-built drawings shall depict water lines, valves,
fire hydrants, and other appurtenances or elements of the water distribution
system constructed to serve the project. Such information shall include
the horizontal location and size of water lines and the location and
description of valves with dimensional ties. Copies of any and all
test results or other investigations shall be provided to the Administrator.
5.9.5.4
Roads, Sidewalks, Bicycle and Equestrian Trails and Paths.
As-built drawings shall depict the location, road right-of-way,
width, materials and vertical elevation.
5.9.5.5
Control Points.
As-built drawings shall show all control
points and monuments.
(Ordinance 2016-9 adopted 12/13/16)
5.10.1
Inspection Required.
During the preparation of land
and the installation of general improvements, periodic inspections
may be made by the Administrator to ensure conformity with the SLDC,
all conditions and mitigation requirements in the development order
approving the final plat, the development and subdivision improvement
agreements, and the specifications and standards of the approved construction
plans. Other appropriate governmental agencies and public and private
utilities may make inspections at any time during the progress of
work. All improvements required by this Chapter shall be inspected
prior to acceptance by the Administrator. Where inspections are made
by governmental agencies and public and private utilities or agencies
other than the Administrator, the applicant shall provide a written
report of each inspection to the Administrator.
5.10.2
Inspection Schedule.
The applicant shall notify the
Administrator of the commencement of construction of improvements
not less than twenty-four (24) hours prior thereto. Inspections are
required at each of the following stages of construction or as otherwise
determined in the development and subdivision improvement agreements:
5.10.2.1
site grading/erosion control and stormwater management completion;
5.10.2.2
prior to permanent burial of underground utility or other public
improvement installations;
5.10.2.3
prior to aggregate base installation;
5.10.2.4
prior to curb and gutter or swale installation;
5.10.2.5
prior to binder placing; and
5.10.2.6
prior to final porous material surfacing prior to seal coat.
5.10.3
Compliance with Standards.
The applicant and any third
party construction contractor engaged by the applicant shall bear
joint and several liability and responsibility for the installation
and construction of all required improvements according to the provisions
of the development order approving the final plat, the development
and subdivision improvement agreements, the sustainable design and
construction standards of the SLDC, and the applicable standards and
specifications of other governmental entities.
5.10.4
Acceptance of Land and Improvements.
5.10.4.1
Approval of the installation and construction of improvements shall
not constitute acceptance by the County of the improvements or offers
of dedication. The installation of improvements in any subdivision
shall in no case serve to bind the County to accept such improvements
for maintenance, repair, or operation thereof. Such acceptance shall
be subject to the requirements of the SLDC and applicable statutes
concerning the acceptance of each type of improvement and any offer
of dedication, deed or easement. Subdivision approval does not impose
on the County any duty regarding operation, maintenance or improvement
of any dedicated lands or improvements parts until the Board adopts
a resolution or ordinance formally accepting the dedication. Denial
of subdivision approval shall be considered a refusal by the Board
to accept a dedication indicated on the plat.
5.10.4.2
The County shall not have title to or responsibility for any improvements
until the improvements have been accepted as provided in this Subsection.
5.10.4.3
When improvements have been constructed in accordance with the standards
and requirements of the SLDC, the conditions of approval in the final
plat development order, the adopted development and subdivision improvement
agreements, and approved as-built plans, the Administrator shall place
the acceptance of the improvements and land dedications on the regular
agenda of the Board, which may accept, reject or accept with conditions
the dedication of the land and improvements.
5.10.4.4
The provisions in Section 5.10.4.1 shall not relieve the applicant or the applicant’s contractor of any responsibility for notifying the Administrator or other governmental entity, public or private utility, school, assessment or public improvement district of the completed work accompanied by a formal request for inspection of same, prior to acceptance. The Administrator and other approving authorities having jurisdiction shall inspect and approve all completed work prior to the release of any escrow funds, payment and performance bonds, letters of credit or other sureties.
5.10.5
Site Cleanup.
The applicant and applicant’s contractor
shall be responsible for removal of all equipment, material, stockpiles
of dirt or construction materials, and general construction debris
from the subdivision and from any lot, road, public way, or property
therein or adjacent thereto. Dumping of such debris into sewers, onto
adjacent property, or onto other land in the County is prohibited
and unlawful.
5.10.6
Failure to Complete Improvements.
If the applicant or
the applicant’s contractor fails to install and construct the
public improvements pursuant to the terms and conditions of the final
development order, the construction plans and the development and
subdivision improvement agreements, the Administrator shall:
5.10.6.1
declare the agreements and final plat approval to be in default and
require that all public improvements be installed regardless of the
extent of completion of the development at the time the agreements
are declared to be in default;
5.10.6.2
obtain the escrow funds deposited for security, enforce the performance
and payment surety bond or letter of credit and complete the public
improvements by the County or through a third party contractor;
5.10.6.3
assign the County’s right to receive funds pursuant to the
deposit of escrow funds, any performance and payment bond or letter
of credit, in whole or in part to any third party, in exchange for
an agreement of the third party to provide a new performance and payment
bond, escrow funds or a letter of credit in sufficient amount to complete
the required public improvements; or
5.10.6.4
exercise any other rights available under the SLDC, the voluntary
development agreement, the subdivision improvement agreement and state
law.
(Ordinance 2016-9 adopted 12/13/16)
5.11.1
Succeeding Subdivisions.
Any proposed subdivision may
be combined and upgraded for classification purposes by the Board
with a previous subdivision if the proposed subdivision includes:
5.11.2
Vacation of Approved Plat.
5.11.2.1
Applicability.
Any final plat filed in the office of
the county clerk may be vacated, or a portion of the final plat may
be vacated, if:
1.
the
owners of the land proposed to be vacated sign an acknowledged statement,
declaring the final plat or a portion of the final plat to be vacated;
2.
the
statement is approved by the Board; and
3.
if
the plat, or portion of plat, to be vacated was initially approved
through an administrative process, the Administrator may approve the
vacation or partial vacation of the plat.
5.11.2.2
Application.
The owners of all or a portion of the lots in any approved subdivision or land division, may initiate a plat vacation by filing an application with the Administrator. The application shall include the acknowledged statement required by Section 5.11.2.1. The application requesting vacation of the plat and an application requesting a re-subdivision of the plat may be filed concurrently.
5.11.2.3
Review.
1.
Process.
The Administrator shall review and process the application and the acknowledged statement of plat vacation as provided [in] Table 4-1. The application and acknowledged statement shall be approved, conditionally approved, or disapproved at a regular public meeting of the Board, or by the Administrator in accordance with Section 5.11.2.1. [subection 3.] above.
2.
Standards.
The Administrator or Board shall approve
the application for vacation on such terms and conditions as are reasonable
to protect the public health, safety, and welfare. The Administrator
or Board shall not approve an application for vacation if it will
adversely affect the interests of persons on contiguous land or persons
within the subdivision being vacated.
5.11.2.5
Effect of Approval.
Upon the execution and recording
of the vacating instrument, the plat shall be vacated. The rights
of any utility existing prior to the vacation, total or partial, of
any final plat are not affected by the vacation of a final plat. The
re-subdivision of the land covered by a plat that is vacated shall
be governed by the SLDC.
5.11.2.6
Recording.
The development order declaring the vacation
and the vacation plat shall be recorded in the manner prescribed for
the approval and recording of the original final plat. The County
Clerk shall write legibly on the vacated plat the word “vacated”
or the phrase “partially vacated” and shall enter on the
plat a reference to the volume and page at which the vacating instrument
is recorded.
5.11.3
Amendment of Final Plat.
5.11.3.1
Applicability.
A final plat may be amended for one or
more of the following reasons:
1.
to
correct an error in a course or distance;
2.
to
add a course or distance that was omitted;
3.
to
correct an error in a real property description;
4.
to
locate monuments set after the death, disability, or retirement from
practice of the professional engineer or surveyor responsible for
setting monuments on the plat;
5.
to
designate the correct location or character of a monument that is
shown incorrectly;
6.
to
correct any other type of scrivener or clerical error on the previously
approved final plat, including lot numbers, acreage, road names, and
identification of adjacent recorded plats;
7.
to
correct an error in courses and distances of lot lines between two
adjacent lots where:
8.
to
relocate a lot line or easement to eliminate an inadvertent encroachment
of a building or other improvement on a lot line or easement; and/or
9.
to
relocate one or more lot lines between one or more adjacent lots or
remove a lot line between adjacent lots if:
5.11.3.2
Application.
An applicant wishing to amend an approved
final plat shall file with the Administrator the amendment plat, together
with a copy of the final plat being amended and a statement detailing
the basis for the amendments being proposed.
5.11.3.3
Processing; Review.
The amendment plat shall be processed
by the Administrator in the same manner as a minor subdivision. If
the plat being amended has been recorded, the amendment plat shall
be clearly marked as follows: Amending plat of (name of development).
This plat amends the plat previously recorded in the County Clerk’s
records of Santa Fe County, at __________ (INSTRUMENT NUMBER) and
__________ (BOOK AND PAGE).
5.11.3.4
Recording.
The amendment plat shall be recorded as in
the manner prescribed for the approval and recording of the original
final plat. The County Clerk shall write legibly on the original final
plat the word “amended” and shall enter on the final plat
a reference to the volume and page at which the amendment plat is
recorded. Once recorded, the amendment plat is controlling over the
original final plat.
(Ordinance 2016-9 adopted 12/13/16)
5.12.1
Advertising Requirements.
Brochures, disclosure statements,
publications and advertising of any form relating to subdivided land
shall:
5.12.1.1
not misrepresent or contain false or misleading statements of fact;
5.12.1.2
not describe deeds, title insurance or other items included in a
transaction as “free” and shall not state that any parcel
is “free” or given as an “award” or “prize”
if any consideration is required for any reason;
5.12.1.3
not describe parcels available for “closing costs only”
or similar terms unless all such costs are accurately and completely
itemized or when additional parcels must be purchased at a higher
price;
5.12.1.4
not include an asterisk or other reference symbol as a means of contradicting
or substantially changing any statement;
5.12.1.5
if subdivision illustrations are used, accurately portray the subdivision
in its present state, and if illustrations are used portraying points
of interest outside the subdivision, state the actual road miles from
the subdivision;
5.12.1.6
not contain artists’ conceptions of the subdivision or any
facilities within it unless clearly described as such and shall not
contain maps unless accurately drawn to scale with the scale indicated;
5.12.1.7
not contain references to any facilities, points of interest or municipalities
located outside the subdivision unless the distances from the subdivision
are stated in the advertisement in actual road miles; and
5.12.1.8
refer to where the applicant’s disclosure statement may be
obtained.
5.12.2
Filing of Copies.
Copies of all brochures, publications,
and advertising relating to subdivided land shall be filed with the
Administrator and the Attorney General within fifteen (15) days after
initial use by the applicant.
(Ordinance 2016-9 adopted 12/13/16)
5.13.1
Disclosure Statement.
Prior to selling, leasing or otherwise
conveying any land in a subdivision, the applicant shall disclose
in writing such information as required by NMSA 1978 section 47-6-8
and the Board 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 land. It
is unlawful to sell, lease or otherwise convey land in a subdivision
until:
5.13.2
Substitute Disclosure.
Any applicant who has satisfied
the disclosure requirement of the Interstate Land Sales Full Disclosure
Act may submit his 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 and not covered
in the applicant’s statement of record shall be attached to
the statement of record.
5.13.3
Final Plat to Purchaser.
A copy of the final plat shall
be provided to every purchaser, lessee or other person acquiring an
interest in the subdivided land prior to sale, lease or other conveyance.
5.13.4
Additional Statutory Conditions.
Pursuant to NMSA 1978
section 47-6-8, it is unlawful to sell, lease or otherwise convey
land within a subdivision before the following conditions have been
met:
5.13.4.1
the final plat has been approved by the Board and has been filed
with the Santa Fe County Clerk. Where a subdivision lies in more than
one county, the final plat shall be approved by the board of county
commissioners of each county in which the subdivision is located and
shall be filed with the county clerk of each county in which the subdivision
is located;
5.13.4.2
the applicant has furnished the Board a sample copy of his sales
contracts, leases and any other documents that will be used to convey
an interest in the subdivided land; and
5.13.4.3
all corners of all parcels and blocks within a subdivision have been
permanently marked with metal stakes in the ground and a reference
stake placed beside one corner of each parcel.
(Ordinance 2016-9 adopted 12/13/16)
Appeals regarding decisions made under this Chapter are provided
for and governed by Chapter 4.
(Ordinance 2016-9 adopted 12/13/16)
