Any proposed subdivision may be combined with a previous subdivision
and upgraded for classification purposes by the Board of County Commissioners
if the proposed subdivision includes:
A.
Cause. 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, and the statement is approved by the Board of County
Commissioners; or
(2)
The Board of County Commissioners finds that a plat was obtained
by misrepresentation or fraud and orders a statement of vacation to
be prepared by the County.
B.
Request for vacation. The vacation of all or a portion of a final
plat shall be initiated by submittal of a written request for vacation
to the Planning Coordinator. The written request shall be made by
submittal of nine completed copies of a request to vacate form available
at the office of the Planning Coordinator. The request must be accompanied
by the required fees and nine copies of the subdivision plat showing
the areas to be vacated. The request must also be accompanied by nine
copies of letters from electric and telephone companies and any other
relevant utility company stating their approval of or objections to
the proposed vacation. Vacations proposed within an extraterritorial
zone must be accompanied by nine copies of written comments from the
municipality or village having concurrent jurisdiction which states
the approval of or objections to the vacation. The County may require
a certified survey if necessary to properly designate the area(s)
to be vacated. Further steps in the review process will not be taken
until nine copies of the complete request, including required letters
and copies of plat, and any required survey is submitted and fees
are paid.
C.
Notice to contiguous landowners. The Planning Coordinator shall identify
and mail notice of the request to vacate by certified mail, return
receipt requested, to contiguous landowners a minimum of 15 days before
the scheduled Planning Commission hearing. The notice shall contain
the date, time, and place of the Planning Commission hearing, along
with a description or copy of the request to vacate. The notice shall
also state a procedure and deadline for submitting written comments.
D.
Planning Commission review and hearing.
(1)
A public hearing before the Planning Commission shall be scheduled.
Notice of the public hearing shall be published in a newspaper in
general circulation in the County and notice given to contiguous landowners
a minimum of 15 days before the hearing.
(2)
During the public hearing, the Planning Commission shall review any
written comments received and shall give any person attending the
hearing an opportunity to comment on the proposed vacation. At the
conclusion of the hearing and after consideration of all comments,
written and oral, the Planning Commission shall make a recommendation
that the request to vacate be approved, approved with conditions,
or denied. Conditions for approval or reasons for denial shall be
clearly stated. This recommendation shall be forwarded to the Board
of County Commissioners.
E.
Action by the Board of County Commissioners.
(1)
Within 30 days of the Planning Commission review and recommendation,
the vacation and recommendation of the Planning Commission shall be
presented to the Board of County Commissioners for approval, approval
with conditions, or denial.
(2)
In approving the vacation of all or a part of a final plat, the Board
of County Commissioners shall decide whether the vacation will adversely
affect the interests of persons on contiguous land or of persons within
the subdivision being vacated.
(3)
In approving the vacation of all or a portion of a final plat, the
Board of County Commissioners may require that roads and easements
dedicated to the County in the final plat continue to be dedicated
to the County.
F.
Filing. The approved statement declaring the vacation of a portion
or all of a final plat or survey, if one was required, shall be filed
in the office of the County Clerk. The County Clerk shall mark the
final plat with the words "Vacated" or "Partially Vacated" and refer
on the final plat to the volume and page on which the statement of
vacation is recorded.
G.
Utilities. The rights of any utility existing before the total or
partial vacation of any final plat are not affected by the vacation
of a final plat.
A.
Planned development area. The Board of County Commissioners may grant
a variance from the standards and requirements of these regulations
if it is presented with a plan and program for a land division, or
a new town, a complete community, which, in the judgment of the Board
of County Commissioners, provides adequate public spaces and improvements
for the circulation, recreation, light, air, and service needs of
the tract when fully developed and populated, and which also provides
such covenants and other legal provisions as will assure conformity
to and achievement of the plan.
B.
Conditions and limitations. A variance shall not be granted which
will cause the Board of County Commissioners to absorb costs over
and above those typically associated with subdivision approval. In
granting variances, the Board of County Commissioners may require
such conditions as will:
(1)
Substantially secure the objectives of the standards of these regulations;
and
(2)
Not adversely affect the health, safety, and general welfare of the
public, if otherwise consistent with the general purpose and intent
of these regulations and if not injurious or detrimental to the surrounding
area.
C.
Procedures. The following procedures and requirements shall apply
to all requests for variances under these regulations:
(1)
Requests for variances shall be submitted, in writing, prior to or
at the time of request for plat approval on the prescribed form available
from the Planning Coordinator for that purpose, and upon payment of
the required administrative fee.
(2)
Variance requests shall be reviewed in public hearings at the same
time public hearings are held for approval of the plat.
(4)
Variance requests shall be submitted to the state or other reviewing agency having expertise in the subject matter for which the variance is sought, and shall be governed by the same time limits as set forth in § 200-14 above.
(5)
The Board of County Commissioners shall make written findings of
fact regarding each of the requirements of these regulations and shall
produce those findings of facts as a portion of its decision and order
on each request for variance.
(6)
The decision and order shall be prepared, signed, and filed within
five working days after the public hearing at which the variance is
considered.
A.
Approval required. It is unlawful for any person to divide a surface
area of land, including land within a previously approved subdivision,
into two or more parcels for the purpose of sale, lease, or other
conveyance or for building development, whether immediate or future,
unless such person either obtains approval for a subdivision as provided
in these regulations or files and obtains approval for a claim of
exemption as provided in this section. Proof of exemption must be
maintained in the form of a certificate of exemption as defined herein
which is filed for record with the County Clerk.
B.
Verification of exemption.
(1)
Any person claiming entitlement to an exemption under the provisions
of these regulations shall file a written claim of exemption on the
prescribed form available from the Planning Coordinator. Where there
is more than one owner, all owners of record of the property involved
shall file the claim of exemption. Written claim shall be filed with
the office of the Board of County Commissioners before making the
land division for which the claim of exemption is made.
(2)
The Planning Coordinator shall review the claim of exemption and
supporting documents and shall mail written notice of whether the
exemption has been approved or denied to the person claiming the exemption
within 30 days after receipt of the completed claim of exemption;
provided, however, that the thirty-day period shall not begin to run
until the person claiming the exemption has delivered a completed
claim of exemption and all supporting documents to the Planning Coordinator.
(3)
If the claim of exemption is approved, or if the Planning Coordinator
fails to mail written notice to the claimant within 30 days after
receipt of the completed claim of exemption and all supporting documents,
the person claiming the exemption may divide the land in the manner
proposed in the claim of exemption without complying with the provisions
of these regulations. Approved claims of exemption shall be filed
with the Otero County Clerk at the same time the conveyance document
and/or survey is filed.
A.
Unmarked human burials.
(1)
According to state policy, any human burial in the state in any unmarked
burial ground is accorded the protection of law and shall receive
appropriate and respectful treatment and disposition.
(2)
All subdividers shall comply with the requirements of NMSA 1978,
§ 18-6-11.2, which prohibits the knowing, willful, and intentional
excavation, removal, disturbance, or destruction of any human burial
buried, entombed, or sepulchered in any unmarked burial ground except
by authority of a permit issued by the State Medical Investigator
or by the State Cultural Properties Review Committee with the concurrence
of the State Archaeologist and State Historic Preservation Officer.
B.
Registered cultural properties. Any person desiring to subdivide
land in the County shall review the latest edition of the State Register
of Cultural Properties ("the Register") that has been provided to
the County by the State Historic Preservation Division.
(1)
If there are no such properties entered in the Register that are
within the boundaries of the proposed subdivision, the subdivider
shall provide a signed affidavit to that effect in the application
package for subdivision approval;
(2)
If any such properties entered in the Register exist within the boundaries
of the proposed subdivision, the subdivider shall provide a signed
affidavit to that effect in the application package for subdivision
approval. The County will then consult with the Historic Preservation
Division pursuant to the Cultural Properties Act, NMSA 1978, §§ 18-6-1
through 18-6-17.
