A.
Conformity. Following approval or conditional approval of a preliminary
plat, and before the expiration of the preliminary plat, the subdivider
shall prepare a final plat in substantial conformity with the approved
or conditionally approved preliminary plat. Subdivisions proposed
to be phased in multiple final plats shall be submitted as indicated
on the phasing schedule submitted with the preliminary plat.
B.
Application. A subdivider shall submit a final plat, disclosure statement,
and supporting documentation, in accordance with the requirements
provided in these regulations. Final plat submittal is initiated by
submitting a completed application on a form provided by the Planning
Coordinator, two copies of the final plat, final disclosure statement,
and supporting documentation. Submittal is made to the Planning Coordinator.
A.
Filing specifications. The original drawing of the final plat shall
be submitted to the County Clerk for recording and shall be prepared
in waterproof ink on Mylar or acetate or other durable material suitable
for reproducing copies. Two drawings on Mylar and one paper copy are
required for filing with the Otero County Clerk. An extra paper copy
will be required if the subdivider wishes to retain a copy with recording
information. Final plat maps shall be drawn at a scale of 200 feet
to one inch or larger and printed on sheets 24 inches by 36 inches.
When more than one sheet is used to include the entire subdivision,
all sheets shall be cut to the same size and shall show appropriate
references to other sheets of the subdivision. The final plat shall
be titled "Final Plat" in a prominent place on the map along with
the name of the subdivision.
B.
Plat specifications. The final plat shall be prepared by a NM licensed, registered surveyor in accordance with the specifications set out in Subsection A above, and shall include the following information:
(1)
Title (subdivision's name), scale, North arrow, and date of
plat;
(2)
Legal description indicating the range, township, and section within
which the subdivision is located with permanent monuments, or descriptions
and ties to such monuments, to which all dimensions, angles, bearings,
and similar data on the plat shall be referred;
(3)
Tract boundary lines in bearings and distances, easement and right-of-way
lines, and property lines of all lots and other sites, with accurate
dimensions, bearings, or deflection angles, and radii, arcs, and central
angles of all curves;
(4)
Lot lines, with lot and block numbers, and acreage of each lot;
(5)
Location, dimensions, and purpose of all easements, and any dedicated
public site or area; annotate easements of record with book and page
number where recorded and attach a copy in the disclosure statement;
(6)
Name, right-of-way width, and center line data of roads or other
rights-of-way in and adjacent to the subdivision; residential lots
and other sites, with accurate dimensions, bearings, or deflection
angles, and radii, arcs, and central angles of all curves;
(7)
Utilities on and adjacent to the site;
(8)
Number of each parcel in progression, with its dimensions, and the
dimensions of all land dedicated for public use or for the use of
the owners of parcels fronting on or contiguous to the land;
(9)
Names and addresses of the owner or owners of land to be subdivided,
the subdivider (if other than the owner), and the land surveyor;
(10)
Delineation of any one-percent chance floodplain as designated
by the Federal Emergency Management Agency;
(11)
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;
(12)
Certification (in the format provided in Appendix A of these
regulations) demonstrating that all utility companies that will be
providing service to the subdivision have reviewed the plat and approved
utility easements;
(13)
Location of any registered archaeological, historical, or culturally
significant features on the site (including any marked graves);
(14)
A surveyor's certification and certification for Board
of County Commissioners approval in the format provided in Appendix
A of these regulations;
(15)
A vicinity map showing the relationship of the subdivision site
to its general surroundings;
(16)
A certificate by the Otero County Board of Commissioners or
their designated representative certifying that the subdivider has
complied with the following conditions:
(a)
All improvements have been installed in accordance with the
requirements of this chapter; or a contract is entered into with the
Board of County Commissioners guaranteeing successful completion of
all improvements [see Appendix A (Sample Agreement)]; and a performance
bond, certificate of deposit or other security as approved by the
Board of County Commissioners is filed with the County Clerk in sufficient
amount to assure completion of developer-provided improvements. The
bond shall be based on engineering cost estimates. After preliminary
acceptance, the performance bond will be replaced by a maintenance
bond in the amount of 15% of the performance bond. The maintenance
bond shall be filed and continued for the two-year test period of
the developer-provided improvements after preliminary acceptance and
until final acceptance by the Board of County Commissioners.
(b)
Affidavit. The final plat shall contain a statement that the
land being subdivided is subdivided in accordance with the final plat.
The final 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 final plat submitted to the County Clerk 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
final plat shall be provided to every purchaser, lessee, or other
person acquiring an interest in the subdivided land before sale, lease,
or other conveyance.
(c)
Dedication. The final 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 full conformity with County road construction
standards, the roads may be accepted for maintenance by the County
after the required warranty period is completed. 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 of County Commissioners is filed in that office.
(d)
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. The forms in Appendix
A shall not be altered in any way. It is unlawful to sell, lease,
or otherwise convey land in a subdivision until the subdivision is
completed and the required disclosure statement has been filed along
with the final plat 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. The disclosure
statement submitted with a final plat shall be a complete and final
copy as approved by the Board of County Commissioners. It shall not
be labeled as a draft. The disclosure statement shall include a signature
page in the format provided in Appendix A of these regulations and
shall be signed by the owner/developer.
(e)
Restrictive covenants. Restrictive covenants, if any, shall
be attached to the disclosure statement and referenced in the disclosure
statement, where appropriate.
(f)
Conformity. The Board of County Commissioners shall not approve
the final plat of any subdivision if the subdivider has not fulfilled
or cannot reasonably demonstrate that he can fulfill the proposals
contained in his previously approved preliminary plat and draft disclosure
statement or if the lots are not surveyed and staked with the roads
surveyed and located in conformance to the final plat or if the subdivider
has not conformed with the New Mexico Subdivision Act and this chapter.
(g)
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 and this chapter and not
covered in the subdivider's statement of record shall be attached
to the statement of record.
(h)
Environment Department approval. For any subdivision requiring
construction of a community water supply system or a community liquid
waste system, documentation of approval from the New Mexico Environment
Department shall be required for final plat approval.
(i)
Recording. The final 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 Board of County Commissioners.
(j)
Water permit. A copy of the water permit issued by the State
Engineer will be required only for Type One subdivisions and any subdivision
with a completed and approved community public water system.
(k)
Sample contracts. The subdivider shall submit 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.).
A subdivider shall prepare a final plat, disclosure statement, and supporting documentation in accordance with the requirements provided in § 200-19 of these regulations. Final plat submittal is initiated by submitting a completed application on the prescribed form available from the Planning Coordinator, along with two copies of the final plat, disclosure statement, and supporting documentation. The Planning Coordinator shall review all materials in order to determine whether the final plat and disclosure statement are complete. If there are no deficiencies, the final plat will be deemed complete for inspection by written notice to the subdivider within 30 days after the date of application. Upon County inspection, if the final plat is found to be compliant with the preliminary requirements, the County, or its designee, shall recommend that it is compliant with the preliminary and a verification of completion shall be issued at which time preliminary work shall be considered complete and request and review for final shall be reviewed by the appropriate parties. If the final plat is incomplete or does not comply with the submittal requirements provided herein, the subdivider shall be notified and will be given a reasonable time not to exceed the preliminary plat expiration date to correct the deficiencies and return the final plat for consideration.
A.
Action. Final plats and disclosure statements submitted to the County
for approval shall be approved or disapproved by the Board of County
Commissioners at a public meeting within 30 days after the date the
final plat is deemed complete.
B.
Denial. The Board of County Commissioners shall not deny a final plat and disclosure statement if it has previously approved a preliminary plat and draft disclosure statement with supporting documentation for the proposed subdivision and it finds that the final plat is in compliance with the previously approved preliminary plat and draft disclosure statement and documentation, and that the subdivider has surveyed and staked the property, and complied with the submittal requirements of § 200-20 above. Denial of a final plat shall be accompanied by a finding identifying the requirements that have not been met.
C.
Failure to act. If the Board of County Commissioners does not act
upon a final plat within the required period of time, the subdivider
shall give the Board of County Commissioners written notice of its
failure to act. If the Board of County Commissioners fails to approve
or reject the final plat within 30 days after that notice, the Board
of County Commissioners shall, upon demand by the subdivider, issue
a certificate that the final plat has been approved.
D.
Final plat. When all material is in order, the subdivider shall provide
five additional copies of the final plat and disclosure statement
to County staff.
A.
In acting on the permit application, the State Engineer shall determine
whether the amount of water is sufficient in quantity to fulfill the
maximum water requirements for the subdivision.
B.
The Board of County Commissioners shall not approve a final plat
for a Type One subdivision or any new subdivision with an approved
public water system unless the subdivider has a letter or agreement
with an existing community water system or demonstrates that there
is a State Engineer permit for subdivision water use issued according
to New Mexico Statutes 1978:
§ 72-5-1:
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New appropriations of surface water
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§ 72-5-23:
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Changes in place of use
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§ 72-5-24:
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Changes in purpose of use or point of diversion
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§ 72-12-3:
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New appropriations of groundwater
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§ 72-12-7:
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Changes in purpose of use or location of well
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