Article 5 - Final Plat Review Process


ARTICLE 5. FINAL PLAT REVIEW PROCESS

Section 5.1. Final Plat Submittal
5.1.1 Conformity With Preliminary Plat
Following approval or conditional approval of a preliminary plat, and before the expiration of the 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.

5.1.2 Final Plat Deemed Complete
A Subdivider shall prepare a final plat and supporting documentation in accordance with the requirements provided in these Regulations. Final plat submittal is initiated by completing an application on a prescribed form available from the Subdivision Review Officer, who shall review all materials in order to determine whether the final plat is complete. If there are no deficiencies, the final plat shall be deemed complete for review and written notice to the subdivider provided. The initial review should be completed within fifteen (15) days of the date of application. If the final plat is incomplete or does not comply with the requirements herein, the Subdivider shall be notified. The Subdivider shall have one hundred eighty (180) days to correct the deficiencies and return the final plat for consideration. The Subdivision Review Officer may extend the time period for good cause shown. If the deficiencies are not corrected within one hundred eighty (180) days plus any extension granted by the Subdivision Review Officer, the plat shall expire.

Section 5.2. Decision on Final Plat
5.2.1 Action
Final plats submitted to the County for approval shall be approved or disapproved by the Board of County Commissioners at a public meeting within thirty (30) days after the date the final plat is deemed complete or at the next regularly scheduled meeting; provided, however, where a proposed subdivision proposed for final plat approval lies within the concurrent platting jurisdiction of a municipality as set forth in N.M.S.A. 1978, § 3-20-9, no further action shall be taken on the application for final plat approval until such time as the municipality has given its final approval. If the public hearing was held previous to the approval of a municipality, the Board of County Commissioners shall take action on the request within thirty (30) days of the date upon which it receives notice of the action of the municipality, or at the next regularly scheduled meeting.

5.2.2 Disapproval
The Board of County Commissioners shall not disapprove a final plat if it has previously approved a preliminary plat for the proposed subdivision and it finds that the final plat is in substantial compliance with the previously approved preliminary plat. Disapproval of a final plat shall be accompanied by a written finding identifying the requirements that have not been met. Such written finding shall be provided to the subdivider within ten (10) days of disapproval.

5.2.3 Improvement Agreement
If, at the time of approval of the final plat, any public improvements have not been completed by the Subdivider, the Board of County Commissioners shall, as a condition preceding approval of the final 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.

5.2.4 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 disapprove the final plat within thirty (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.

Section 5.3. Final Plat Data Requirements
5.3.1 Filing Specifications
The original drawing of the final plat shall be submitted in waterproof ink on Mylar or other durable material suitable for reproducing copies. Final 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 final plat map and accompanying information. If available, the subdivision linework and lot numbers should also be submitted in electronic format such as "Autocad" or "DXF."

5.3.2 Map Specifications
The final plat map shall include all material required to be included on the preliminary plat map as set forth in Section 4.5.3, herein, as well as the following additional information:

a. permanent monuments, or descriptions, and ties to such monuments, to which all dimensions, angles, bearing, and similar data on the plat shall refer;

b. property survey of all features which complies with the Minimum Standards for Surveying in New Mexico;

c. 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;

d. name, right-of-way width, and centerline data of each road or other right-of-way;

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

f. names of owners of record of contiguous unplatted land;

g. the certification of a surveyor registered in New Mexico attesting to the accuracy of the plat, and the date of the survey; and

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

5.3.3 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 the owner and Subdivider or their authorized agents in the manner required for the acknowledgment of deeds. The final plat shall be accompanied by an affidavit of the owner and Subdivider, or authorized agents, stating whether or not the proposed subdivision lies within the subdivision regulation jurisdiction of the County.
5.3.4 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. On full conformity with County road construction standards, a road may be accepted for maintenance by the County. Acceptance of a dedication on a final plat shall not be effective until the plat is filed in the Office of the County Clerk or until a resolution of acceptance by the Board of County Commissioners is filed in the office of the County Clerk.

5.3.5 Disclosure Statement/Plat
For all subdivisions, 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 of the disclosure statement. A copy of the final 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.

5.3.6 Land Sales Act
Any Subdivider who has satisfied the disclosure requirements 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 not covered in the Subdivider's statement of record shall be attached to the statement of record.

5.3.7 Environment Department Approval
For any subdivision requiring construction of a public 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.

5.3.8 Recording
The final plat shall be recorded in the office of the County Clerk immediately upon approval by the Board of County Commissioners.

5.3.9 Limitation
The Board of County Commissioners shall not approve the plat of any subdivision if the subdivider cannot reasonably demonstrate that he can fulfill the proposals contained in his disclosure statement or if the subdivider has not conformed with the New Mexico Subdivision Act and the County's Subdivision Regulations. Financial security to assure the completion of all improvements that the subdivider proposes to build or maintain may be required before final plat approval or as a condition of final plat approval.

Section 5.4. Advertising Standards
5.4.1 Filing Requirements
Copies of all brochures, publications, and advertising relating to subdivided land shall be filed with the Board of County Commissioners and the Attorney General within fifteen (15) days after initial use by the Subdivider.

5.4.2 Requirement/Restrictions
Brochures, disclosure statements, publications, and advertising of any form relating to subdivided land shall:

a. not misrepresent or contain false or misleading statements of fact; b. not describe deeds, title insurance, or other items included in a transaction as "free" and shall not state that any parcel is "free" or given as an "award" or "prize" if any consideration is required for any reason;

c. not describe parcels available for "closing costs only" or similar terms unless all such costs are accurately and completely itemized or when additional parcels must be purchased at a higher price;

d. not include an asterisk or another reference symbol as a means of contradiction or substantially changing any statement;

e. accurately portray, if subdivision illustrations are used, the subdivision in its present state; and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;

f. not contain "artists conceptions" of the subdivision or any facilities within it unless clearly labeled as such, and shall not contain maps unless accurately drawn to scale with the scale indicated;

g. not contain reference to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles; and

h. refer to the location where the Subdivider's disclosure statement may be obtained.

Section 5.5. Requirements Prior to Sale, Lease or Other Conveyance
It is unlawful to sell, lease, or otherwise convey land within a subdivision before the following conditions have been met:

5.5.1 Final Plat Approval
The final plat shall be approved by the Board of County Commissioners and shall be recorded in the office of the County Clerk of the county in which the subdivision is located. If a subdivision lies within more than one county, the final plat shall be approved by the Board of County Commissioners of each county in which the subdivision is located and shall be recorded in the office of the County Clerk of each county in which the subdivision is located.

5.5.2 Relevant Documents
The subdivider shall furnish the Board of County Commissioners a sample copy of sales contracts, leases and any other documents which will be used to convey an interest in the subdivided land.

5.5.3 Permanent Marks
All corners of all parcels and blocks within a subdivision shall be marked in accordance with Article 8 and Minimum Standards for Surveys in New Mexico.

Section 5.6. Recording Parcels
5.6.1 Recording Required
Any person who sells, leases for an initial term plus option terms in excess of five (5) years, or otherwise conveys any interest in any parcel located in whole or in part in the County, shall record the deed, lease, real estate contract, notice of lease, notice of real estate contract, or other document of conveyance with the office of the County Clerk as soon as practicable. A memorandum of lease or notice of real estate contract may be recorded in lieu of recording the lease itself, as provided in N.M.S.A. 1978, § 14-9-1, as amended.

5.6.2 Form and Certification
Any deed, lease for an initial term plus option terms in excess of five (5) years, real estate contract, notice of lease, notice of real estate contract or other document used to convey any interest in any parcel located in whole or in part in the County shall be in a form acceptable for recording and duly acknowledged and certified as required by the provisions of N.M.S.A. 1978, § 14-8-4, as amended.

Section 5.7. Water Permits
A water permit from the State Engineer is not required to receive preliminary or final plat approval.
Community Development
(505) 334-4550
Fax: (505) 334-3755
209 S. Oliver Dr., Aztec, NM 87410
 
 
General Services /
Community Development
Administrator

IMG 9875LHathawayWeb

Larry Hathaway
Contact Me