ARTICLE 7. SPECIAL PROCEDURES

Section 7.1. Succeeding Subdivisions

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 part of a previous subdivision that has been created in the preceding seven (7) year period; or any land retained by a Subdivider after creating a previous subdivision if the previous subdivision was created in the preceding seven (7) year period.

Section 7.2. Vacation of Plats; Approval; Duties of County Clerk; Effect

7.2.1 Grounds

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 the owners of the land proposed to be vacated prepare and sign a vacation plat, declaring the final plat or a portion of the final plat to be vacated and showing the same; and the vacation plat is approved by the Board of County Commissioners of the County within whose platting authority the vacated portion of the subdivision is located.

7.2.2 Application For Vacation

Any final plat filed in the office of the County Clerk, or portion thereof, may be vacated upon application by the owners of the land proposed to be vacated, payment of the required administrative fee, and upon submission of the owners of the land proposed to be vacated of an acknowledged statement declaring the final plat or a portion of the final plat to be vacated.

7.2.3 Decision on Vacation

Within sixty (60) days after the date of receipt of the request for vacation, the Board of County Commissioners shall approve or deny the request. 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, and shall determine whether to approve the acknowledged statement of the owners of the land proposed to be vacated. In approving the vacation of all or a portion of a final plat, the Board of County Commissioners may require that roads dedicated to the County in the final plat continue to be dedicated to the County.

7.2.4 Filing

The approved vacation plat declaring the vacation of a portion or all of a final plat shall be filed in the office of the County Clerk which the final plat is filed. 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 vacation plat is recorded. The Plat shall be deemed vacated upon recording.

7.2.5 Utilities

The rights of any utility existing prior to the vacation, total or partial, of any final plat shall not be affected by the vacation of a final plat.

Section 7.3. Variances

7.3.1 Grounds - Unusual Conditions

The Subdivider may apply to the Board of County Commissioners for a variance from any portion of these Regulations caused by unusual conditions, not caused by the actions of the Subdivider or Property Owner.

7.3.2 Grounds - Planned Development Area

The Board of County Commissioners may also grant a variance from the standards and requirements of these Regulations if it is presented with a plan and program for a new town, a complete community, or a neighborhood unit, 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.

7.3.3 Conditions and Limitations

A variance shall not be granted which will cause the County 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 substantially secure the objectives of the standards of these Regulations; and 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.

7.3.4 Procedures

The following procedures and requirements shall apply to each request for variance under these Regulations.

a. Each request shall be submitted in writing (prior to or at the time of a request for preliminary plat approval) on the prescribed form available from the Subdivision Review Officer. Payment of the required administrative fee shall accompany each application for variance.

b. Each request shall be considered at the same time as the application for preliminary plat approval.

c. Each request shall be submitted along with the preliminary plat and supporting documentation to the review agencies. An opinion from each agency on the variance shall also be sought.

d. The Board of County Commissioners shall make separate written findings of fact and conclusions of law on each requested variance.

e. The decision and order shall be prepared, signed and filed within a reasonable time following the public meeting at which the variance is considered.

Section 7.4. Amendment

These Regulations may be amended from time to time as conditions warrant. Amendments shall be made in accordance with the New Mexico Subdivision Act, as amended.

Section 7.5. Exemptions

7.5.1 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 Article.

7.5.2 Verification of Exemption

a. Application

Any person claiming an exemption under the provisions of these Regulations shall file either a written claim of exemption on the form prescribed in Appendix B of these Regulations or, alternatively, an Exemption Plat Map, prepared according to the map specifications set forth herein. The written claim of exemption shall be filed with the Subdivision Review Officer before making the land division for which the claim of exemption is made.

b. Exemption Plat Map Specifications

The exemption plat map, if used, shall include the following information:

i. a title of the exempt land division which includes (in a prominent place on the plat and in large lettering) the phrase "exemption survey" (e.g. "Smith Exemption Survey, an exempt land division"), and shall not otherwise contain the word "subdivision" or refer to the property as a "subdivision";

ii. names and owners of land to be divided;

iii. identification numbers for each lot;

iv. legal description indicating the range, township and section within which the subdivision is located;

v. a sworn statement of the grounds for the claim of exemption, acknowledged by the owner, subdivider, or authorized agent, as follows:

"I, (name of owner) claim an exemption from the requirements of the New Mexico Subdivision Act and the San Juan County Subdivision Regulations for the following reason(s). I certify that this transaction involves: (here state the reason(s) for the claimed exemption - use the language from the Claim of Exemption form set forth in Appendix B of these Regulations). I further certify that the information provided by me in this Claim of Exemption Plat is true and accurate and that all documents presented in support of my application for an Exemption are originals and are true, complete and correct copies of the originals."

vi. a signature block for the Subdivision Review Officer which contains a statement that the foregoing claim of exemption has been approved and the date, as follows:

"The Claim of Exemption shown hereon was duly submitted to the San Juan County Subdivision Review Officer and is hereby approved and accepted for recording, this ____ day of _____________, 19__. Signed: ______________________________Subdivision Review Officer."

c. Action

The Subdivision Review Officer shall review the claim of exemption and supporting documents and shall mail written notice which states whether the exemption is approved or denied to the person claiming the exemption within ten (10) days after receipt of the completed claim of exemption; provided, however, that the ten (10) day period shall not begin to run until the person claiming the exemption has delivered a completed Claim and all supporting documents to the Subdivision Review Officer.

d. Approval

If the claim of exemption is approved, or if the Subdivision Review Officer fails to mail written notice to the claimant within ten (10) 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.

e. Denial

If the claim of exemption is denied, the person claiming the exemption may appeal the denial as provided in Article 10 of these Regulations or may submit an application for a subdivision as provided in these Regulations.

7.5.3 Roads and Property Dedicated to Public Use

No streets or easements or public property of any kind shall be dedicated to the County on an exemption plat. No purported dedication of any such property shall be effective on an exemption plat, and the County shall not, by approving any exemption or exemption plat, accept such property.

Section 7.6. Protection of Cultural Properties, Archaeological Sites and Unmarked

Burials

7.6.1 Unmarked Human Burials

a. Unmarked Burial Grounds

According to State law, any human burial in the State of any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition.

b. Permit Required

All Subdividers shall comply with the requirements of N.M.S.A. 1978, § 18-6-11.2, as amended, 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.

7.6.2 Registered Cultural Properties

Any person desiring to subdivide land in the County shall demonstrate that they have reviewed 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, and 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; or 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, N.M.S.A. 1978, §§ 18-6-1 through 18-6-17 (as amended).