Article 6 - Summary Review Process


ARTICLE 6. SUMMARY REVIEW PROCESS

Section 6.1. Summary Review Procedure
6.1.1 Eligibility
The following types of subdivisions shall be eligible to be submitted to the County for approval under summary review procedure:

a. any Type Three subdivision containing five (5) or fewer parcels of land, unless the land within the subdivision has been previously identified in the County Comprehensive Plan or County Zoning Ordinance as an area subject to unique circumstances or conditions that require additional review; and

b. any Type Five subdivision.

6.1.2 Conference Required
A pre-application conference is required before application for summary review and approval. The pre-application process is described in Article 3 of these Regulations.

6.1.3 Plat/Application/Fee
A Subdivider shall prepare a summary review plat and supporting documentation in accordance with the requirements provided in this Article. The summary review plat shall be considered as a final plat suitable for recording in the office of the County Clerk. Summary review plat submittal is initiated by completing an application on a prescribed form obtainable from the Subdivision Review Officer, and upon payment of the required administrative fee.

6.1.4 Plat Deemed Complete
On receipt of the application, fee, summary review plat, and supporting documentation, the Subdivision Review Officer shall review all materials in order to determine if the summary review plat is ready to review. If there are no deficiencies, the summary review plat will be deemed complete for review and the Subdivider notified. The initial review should be completed within ten (10) days after the date of application. If the summary review plat is incomplete or does not comply with the submittal requirements, the Subdivider shall be notified of any deficiencies.

6.1.5 Approval
Summary review plats submitted for approval shall be approved or disapproved by the Subdivision Review Officer within thirty (30) days of the date the summary review plat is deemed complete.

6.1.6 Improvement Agreement
If, at the time of approval of the summary review plat, any public improvements have not been completed by the Subdivider as required by these Regulations, the Subdivision Review Officer shall, as a condition precedent to approval of the summary review plat, 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.

6.1.7 Failure to Act
If the Subdivision Review Officer does not act upon a summary review plat within the required period of time, the Subdivider shall give the Board of County Commissioners written notice of the County's failure to act. If the Subdivision Review Officer fails to approve or reject the summary review plat within thirty (30) days after such notice, the Board of County Commissioners shall, upon demand by the Subdivider, issue a certificate that the summary review plat has been approved.

Section 6.2. Summary Review Plat - Substantive Requirements
6.2.1 Filing Specifications
The original drawing of the summary review plat shall be submitted in waterproof ink on Mylar or other durable material suitable for reproducing copies. Summary review plat maps shall be drawn at a scale of two hundred (200) feet to one (1) inch or larger and printed on sheets no larger than eighteen by twenty-four (18 x 24) 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. In addition to the Mylar original, the Subdivider shall submit three (3) paper "blueline" copies of the summary review plat map and accompanying information.

6.2.2 Plat Map Specifications
The summary review plat map shall include the following information:

a. title, scale, north arrow, date, bar scale, and type of subdivision;

b. name and mailing address of Subdivider and designated agent, if any;

c. names of owners of land to be subdivided and of contiguous property;

d. subdivision boundary lines, locatable easement and right-of-way lines, and property lines of all lots, with accurate dimensions, and ties to monuments;

e. acreage measurements and identification numbers for each lot;

f. location, dimensions, and purpose of all locatable easements;

g. delineation of any serious flood hazards and of the 100-year flood plain as designated by the Federal Emergency Management Agency;

h. the certification of a surveyor registered in New Mexico attesting to the accuracy of the plat, and the date of the survey; i. legal description indicating the range, townships, and section within which the subdivision is located; j. permanent monuments, or descriptions, and ties to such monuments, to which all dimensions, angles, bearing, and similar data on the plat shall refer;

k. accurate description of legal access to, roads to, and utility easements for each parcel, and if the access or easement is based upon an agreement, the recording data in the land records for the agreement;

l. number of each parcel in progression, with its dimensions, and the dimensions of all land dedicated for public use; and

m. shall define the subdivision and all roads by reference to permanent monuments.

6.2.3 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 the owner and Subdivider, or 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 and Subdivider, or authorized agent, stating whether the proposed subdivision lies within the subdivision 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 prior to sale, lease or other conveyance.

6.2.4 Dedication
The summary review plat shall contain a certificate stating that the Subdivision Review Officer 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. Acceptance of a dedication on a summary review plat shall not be effective until the summary review plat is recorded in the Office of the County Clerk or until a resolution of acceptance by the Board of County Commissioners is recorded in the Office of the County Clerk.

6.2.5 Disclosure Statement
A disclosure statement shall be prepared in accordance with the standardized format provided in Appendix A of these Regulations. 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 the prospective purchaser, lessee or other person acquiring an interest in the subdivided land has been given a copy.

6.2.6 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 and these Regulations. However, any information required in the New Mexico Subdivision Act and these Regulations and not covered in the Subdivider's statement of record shall be attached to the statement of record.

6.2.7 Advertising Standards
The advertising standards covering the sale, lease, or other conveyance of subdivided land provided in Section 5.4 of these Regulations shall be applicable to summary review plats.

6.2.8 Required Improvements and Design Standards is amended to read as follows:
Each subdivision eligible for summary plat review pursuant to this Article shall comply with the minimum design requirements of the New Mexico Subdivision Act and the design standards set forth in Sections 8.1, 8.2, and 8.3 of these regulations. No separate water supply plan, water quality plan, liquid waste disposal plan, solid waste disposal plan or terrain management plan shall be required beyond that which is necessary to complete the disclosure statement. The Subdivider shall not be required to provide improvements such as irrigation water, fire protection, fencing, water, liquid waste systems, and solid waste disposal unless otherwise required by law. Where improvements are to be provided by the Subdivider, the improvements provided must fully comply with the design standards and requirements of Article 8. The disclosure statement must clearly disclose which improvements are to be provided and which will not be provided.

6.2.9 Variance From Design Standards.
Within fifteen (15) days of the pre-application conference required by Section 6.1.2 of these regulations, an Applicant may submit a written request to the Board of County Commissioners for a variance from some or all of the design standards established in Section 6.2.8 of these regulations. The application shall be in a form prescribed by the Subdivision Review Officer and shall be accompanied by the fee required by Article 9. The Board shall consider the application within 30 days of the filing of the application. By filing the Application for Variance, the Applicant agrees that the time for the Subdivision Review Officer to act shall be tolled until the first working day following action by the Board of County Commissioners.

6.3 Denial of Summary Review Plat If Proposed Summary Subdivision Is Found To Be a Part of a Common Promotional Plan.
In the event the Subdivision Review Officer determines that a proposed summary review plat is a part of a common promotional plan as the same is defined in Article 2 of these regulations, the Subdivision Review Officer shall disapprove the proposed summary review plat.
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