Article 2 - Definitions


ARTICLE 2. DEFINITIONS

The following definitions apply to words used in these Regulations:

Alternative disposal system:
An individual liquid waste disposal system which is not a conventional disposal system. It is commonly used where limiting soil conditions exist. Some examples of alternative disposal systems include deep trench, seepage pit, fill, sand filter, sand mound, evapotranspiration, and land application;

Common Promotional Plan:
Any plan or scheme of operation, undertaken by a single Subdivider or a group of Subdividers acting in concert, to offer for sale or lease parcels of land where such land is either 1) contiguous to or part of the same area of land or 2) is known, designated or advertised as a common unit by a common name;

Community liquid waste system:
A liquid waste system which receives a design flow of more than two thousand (2,000) gallons of liquid waste per day which is subject to the New Mexico Ground and Surface Water Quality Protection Regulations (20 NMAC 6.2);

Contiguous:
Common boundary line and not a common point;

Conventional disposal system:
An individual liquid waste disposal system that is a below-grade soil absorption system with an excavated depth no deeper than four (4) feet from the ground surface. Some examples of conventional disposal systems are absorption trenches and seepage beds;

County:
County of San Juan;

Disclosure Statement:
Statement required to be given to persons acquiring an interest in subdivided land which complies with the requirements of N.M.S.A. 1978, § 47-9-17, as amended;

Engineer:
A person authorized to practice professional engineering in the State of New Mexico;

Final Plat:
Map, chart, survey, plan, or replat certified by a licensed, registered land surveyor, which contains a description of the subdivided land with ties to permanent monuments prepared in a form suitable for filing of record;

Flood plain:
Any area which will be flooded by high water from a one hundred (100) year frequency storm;

Immediate Family Member:
Husband, wife, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, step-grandson, granddaughter, step-granddaughter, nephew, and niece whether related by natural birth or adoption;

Individual liquid waste system:
A liquid waste system which receives a design flow of two thousand (2,000) or less gallons of liquid waste per day which is subject to the New Mexico Liquid Waste Disposal Regulations (20 NMAC 7.3);

Lease:
To lease, or offer to lease, land;

Liquid waste disposal system:
A component of a liquid waste system which disposes of the discharge from a liquid waste treatment system;

Liquid waste system:
A system which is designed, constructed, operated, and maintained to receive, treat, and dispose of liquid wastes. It usually consists of collection, treatment, and disposal components;

Liquid waste treatment system:
A component of a liquid waste system which removes, reduces, or alters the objectionable constituents of liquid waste;

Net lot size:
The area of a lot excluding any area dedicated by easement or used to provide vehicular passage to more than one lot or more than five (5) residential or commercial units on a single lot;

Parcel:
Land capable of being described by location and boundaries and not dedicated for public or common use;

Person:
Any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity;

Potential source of contamination:
Any source which could release substances resulting in the degradation of a body of water and a hazard to public health;

Preliminary Plat:
A map of a proposed subdivision showing the character and proposed layout of the subdivision and the existing conditions in and around it, which need not be based upon an accurate and detailed survey of the land (however, an accurate and detailed survey is recommended);

Representative water sample:
A water sample which can be expected to reflect the current quality of the water proposed for use within the subdivision. A water sample (and water quality analysis) more than three (3) years old is not considered representative;

Sell:
To sell or offer to sell land;

Soil survey:
A national cooperative soil survey conducted by the USDA, Natural Resources Conservation Service in cooperation with the state agricultural experiment station and other federal and state agencies, or any other survey containing information of comparable quality and detail following the national standards for an Order 2 survey;

Subdivide:
To divide a surface of land into a subdivision;

Subdivider:
Any person who creates or who has created a subdivision individually or as part of a common promotional plan or any person engaged in the sale, lease or other conveyance of subdivided land; however, "Subdivider" does not include any duly licensed real estate broker or salesperson acting on another's account;

Subdivision:
Division of 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; but "subdivision" does not include:

(1) The sale, lease or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve (12) month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with N.M.S.A. 1978, § 7-36-20, for the preceding three (3) years;

(2) The sale or lease of apartments, offices, stores or similar space within a building;

(3) The division of land within the boundaries of a municipality;

(4) The division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land;

5) The division of land created by court order where the order creates no more than one parcel per party;

(6) The division of land for grazing or farming activities provided the land continues to be used for grazing or farming activities;

(7) The division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased and a plat showing the alterations and prepared by a licensed surveyor is recorded with the County Clerk;

(8) The division of land to create burial plots in a cemetery;

(9) The division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this exception shall be limited to allow the seller or donor to sell or give no more than one parcel per tract of land per immediate family member;

(10) The division of land created to provide security for mortgages, liens or deeds of trust, provided that the division of land is not the result of a seller-financed transaction;

(11) The sale, lease or other conveyance of land that creates no parcel smaller than 140 acres;

(12) The division of land to create a parcel that is donated to any trust or nonprofit corporation granted exemption from federal income tax as described in § 501 (c) (3) of the United States Internal Revenue Code of 1986, as amended; school, college or other institution with a defined curriculum and a student body and facility that conducts classes on a regular basis; or to any church or group organized for the purpose of divine worship, religious teaching or other specifically religious activity; or

(13) The sale, lease or other conveyance of a single parcel from a tract of land, except from a tract within a previously approved subdivision, within any five-year period; provided that a second or subsequent sale, lease or other conveyance from the same tract of land within five years of the first sale, lease or other conveyance shall be subject to the provisions of the New Mexico Subdivision Act except as otherwise exempted; provided further that a survey shall be filed with the County Clerk indicating the five-year holding period from both the original tract and the newly created tract.

Subdivision Review Officer:
That person designated by the County Manager to process and review subdivisions on behalf of the County;

Terrain Management:
The control of floods, drainage, and erosion and measures required for adapting proposed development to existing soil characteristics and topography;

Time of Purchase:
The time of signing any document obligating the person signing the document to purchase, lease or otherwise acquire a legal interest in land;

Type One Subdivision:
Any subdivision containing five hundred or more parcels, any one of which is less than ten acres in size;

Type Two Subdivision:
Any subdivision containing not fewer than twenty-five but not more than four hundred ninety-nine parcels, any one of which is less than ten acres in size;

Type Three Subdivision:
Any subdivision containing not more than twenty-four parcels, any one of which is less than ten acres in size;

Type Four Subdivision:
Any subdivision containing twenty-five or more parcels, each of which is ten acres or more in size;

Type Five Subdivision:
Any subdivision containing twenty-four or less parcels, each of which is ten acres or more in size; and

Types of Subdivisions


Type Number of Parcels Size of Smallest Parcel
 
 
One 500 or more Less than 10 acres
Two 25 to 499 Less than 10 acres
Three 2 to 24 Less than 10 acres
Four 25 or more 10 acres or more
Five 2 to 24 10 acres or more

Water supply system or water system:
A system which is designed, constructed, operated, and maintained to provide water suitable for domestic uses. It usually consists of source, treatment, transmission, storage, pumping, and distribution facilities.
Community Development
(505) 334-4550
Fax: (505) 334-3755
209 S. Oliver Dr., Aztec, NM 87410
 
 
General Services /
Community Development
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Larry Hathaway
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