A.
Qualifications. The following type of subdivisions shall be submitted
to the County for approval under summary review procedure:
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
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.
