TABLE OF CONTENTS

ARTICLE 1.  GENERAL PROVISIONS......................................................................................  1
Section 1.1. Title.................................................................................................................................  1
Section 1.2. Authority.........................................................................................................................  1
Section 1.3. Purpose...........................................................................................................................  1
Section 1.4. Jurisdiction........................................................................................................................ 1
Section 1.5. Written Decisions.............................................................................................................. 1
Section 1.6. Interpretation..................................................................................................................... 1
Section 1.7. Grandfather Clause............................................................................................................ 1

ARTICLE 2.  DEFINITIONS:.......................................................................................................... 2

ARTICLE 3.  PRE-APPLICATION PROCESS (OPTIONAL)...................................................... 9
Section 3.1. Pre-Application Procedure................................................................................................ 9
Section 3.2. Pre-Application Data Requirements.................................................................................. 10

ARTICLE 4.  PRELIMINARY PLAT REVIEW PROCESS........................................................ 10
Section 4.1. Preliminary Plat Submittal................................................................................................. 10
Section 4.2. Agency Review................................................................................................................ 11
Section 4.3. Public Hearings on Preliminary Plats.................................................................................. 12
Section 4.4. Expiration of Preliminary Plat............................................................................................. 13
Section 4.5. Preliminary Plat Data Requirements.................................................................................... 13

ARTICLE 5.  FINAL PLAT REVIEW PROCESS.......................................................................... 15
Section 5.1. Final Plat Submittal............................................................................................................ 15
Section 5.2. Decision on Final Plat ....................................................................................................... 16
Section 5.4. Advertising Standards........................................................................................................ 19
Section 5.5. Requirements Prior to Sale, Lease or Other Conveyance.................................................... 20
Section 5.6. Recording Parcels.............................................................................................................  20

ARTICLE 6.  SUMMARY REVIEW PROCESS............................................................................ 21
Section 6.1. Summary Review Procedure.............................................................................................. 21
Section 6.2. Summary Review Data Requirements................................................................................. 22

ARTICLE 7.  SPECIAL PROCEDURES........................................................................................ 24
Section 7.1. Succeeding Subdivisions.................................................................................................... 24
Section 7.2. Replats, Corrected and Amended Plats.............................................................................. 25
Section 7.3. Vacation of Plats................................................................................................................ 25
Section 7.4. Variances.......................................................................................................................... 26
Section 7.5. Exemptions........................................................................................................................ 27
Section 7.6. Protection of Cultural Properties, Archaeological Sites, and Unmarked Burials.................... 28

ARTICLE 8. REQUIRED IMPROVEMENTS.............................................................................. 28
Section 8.1. Construction of Required Improvements............................................................................ 28
Section 8.2. Road Development........................................................................................................... 29
Section 8.3. Improvement Guarantees................................................................................................... 29

ARTICLE 9. ADMINISTRATIVE FEES....................................................................................... 30

ARTICLE 10.  APPEALS................................................................................................................. 30
Section 10.1. Appeal of a Decision....................................................................................................... 30
Section 10.2. Appeals to District Court................................................................................................. 30

ARTICLE 11.  ENFORCEMENT, PENALTIES, AND REMEDIES........................................... 31
Section 11.1. Purpose and Authority..................................................................................................... 31
Section 11.2. Investigation of Alleged Violations.................................................................................... 31
Section 11.3. Penalties and Remedies.................................................................................................... 31

ARTICLE 12.  SEVERABILITY...................................................................................................... 35

ARTICLE 13.  REPEAL AND EFFECTIVE DATE........................................................................ 35

ARTICLE 14.  AMENDMENTS...................................................................................................... 35

ARTICLE 15. RESERVATION OF JURISDICTION.................................................................... 35

ARTICLE 16.  DESIGN AND CONSTRUCTION STANDARDS................................................ 36
Section 16.1. Terrain Management......................................................................................................... 36
Section 16.2. Road Design and Construction ......................................................................................... 38
Section 16.3. Water Supply Guidelines................................................................................................... 43
Section 16.4.  Water Quality, Liquid and Solid Waste Disposal............................................................... 47

 Section 1.1. Title

This ordinance shall be known and may be cited as the Lea County Subdivision Regulations" and shall be referred to elsewhere herein as "these Regulations."

Section 1.2. Authority

These Regulations are created pursuant to the enabling authority set forth in §47-6-1 et seq. NMSA 1978; §4-37-1 et seq. NMSA 1978; and §3-20-5, 3-20-6, 3-20-9 NMSA 1978.

Section 1.3. Purpose

These Regulations are adopted to guide development in the unincorporated areas within Lea County for the following purposes to:

A.         Provide for and protect the public health, safety, and general welfare of the County.
B.         Guide the future growth and development of the County.
C.         Provide for adequate light, air, and privacy; to promote safety from fire, flood, and other danger.
D.         Establish reasonable standards of design and procedures for subdivisions and resub-divisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.
E.         To provide basic infrastructure, maintain and protect the County's resources, provide community facilities and services, promote economic development and employment opportunities,  encourage affordable housing and a variety of housing types; and improve inter-governmental relations.

Section 1.4. Jurisdiction

These Regulations shall govern all subdivision of land within the County but not within the boundaries of municipalities.  The County and a municipality shall exercise con-cur-rent jurisdiction over the extraterritorial subdivision and platting jurisdiction of the municipality.

Section 1.5. Written Decisions

Whenever the Board of County Commissioners, or its delegate, is required by these Regulations to make a decision,  the decision shall be in writing and supported by findings of fact and conclusions of law which are sufficient for meaningful review.

Section 1.6. Interpretation

The provisions of these Regulations are held to be minimum requirements.  Whenever any provisions of these Regulations conflict with other laws, rules, regulations,  or ordinances, the more restrictive shall govern.  These Regulations shall be con-construed broadly to promote the purposes for which they were adopted.

Section 1.7. Grandfather Clause

All subdivisions previously approved by the Board of County Commissioners or which have a completed application and all fees paid prior to May 1, 1997, shall not be subject to the provisions of this ordinance, but are subject to the provisions of the previous decision of the Board of County Commissioners, prior statute, case law, or previously applicable subdivision ordinance. However, any further lots added to the approved subdivision and any further splits of existing lots within the approved subdivision will be governed by the terms and conditions of these Regulations.

 

subdivision		Division of a surface area of land, including land within a previously ap-proved subdivision, into two or more parcels for the purpose of sale, lease, or other conveyance; or for building development, whether immedi-ate or future; however, "subdivision" does not include:   1)     sale, lease, or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve (12) month per-iod, provided that the land has been used primarily and con-tinuously for agricultural purposes, in accordance with §7-36-20 NMSA 1978, for the preceding three (3) years;   2)     sale or lease of apartments, offices, stores or similar space within a building;   3)     divi-sion of land within the boundaries of a municipality;   4)     divi-sion of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land;   5)     division of land created by court order where the order creates no more than one parcel per party;   6)     division of land for grazing or farming activities, provided the land continues to be used for grazing or farming activi-ties;
terrain management		Control of floods, drainage and erosion, and measures necessary to adapt proposed development to existing soil characteristics and topography.

time of purchase, lease or other conveyance     tract		Time of signing any document obligating the person signing the document to purchase, lease, or otherwise acquire a legal interest in land.   The term "tract" is used interchangeably with the term "lot", particularly in the context of a subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
triple penetration asphalt paving		A three layer surface treatment consisting of crushed and screened gravel, rock, or selected material with bituminous material as specified in Section 334 of the New Mexico Standard Specifications for Public Works Construction 1987 Edition.
Type One subdivision     Type Two subdivision		Any subdivision containing five hundred (500) or more parcels, any one of which is less than ten (10) acres in size.   Any subdivision containing twenty-five (25) or more, but not more than four hundred ninety-nine (499) parcels, any one of which is less than ten (10) acres in size.
Type Three A subdivision		Any subdivision containing not more than five (5) parcels any one of which is less than ten (10) acres in size.
Type Three B subdivision		Any subdivision containing six (6) parcels or more, but not more than twenty four (24) parcels,  any one of which is less than ten (10) acres in size.

Type Four subdivision		Any subdivision containing twenty-five (25) or more parcels, each of which is ten acres (10) or more in size.
Type Five subdivision		Any subdivision containing not more than twenty-four (24) parcels, each of which is ten (10) acres or more in size.

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 A	2 to 5	Less than 10 acres
Three B	6 to 24	Less than 10 acres
Four	25 or more	10 acres or more
Five	2 to 24	10 acres or more

 

unit		A distinct subdivision identified as a component of a master plan.

vacation		The act of rescinding (canceling) all or part of a recorded subdivision plat, including legal descriptions and grants of easements.
variance		Deviation from these regulations approved by the county Planning and Zoning Board and the Board of County Commissioners.
vicinity map     water control structure		A map used to locate the subdivision showing relationship to existing roadways, municipalities and other landmarks.   Any device for containing or channeling water.
watercourse		Any river, arroyo, creek, stream or other channel having definite banks and evidencing the regular or occasional flow of water.
water supply system		A system to provide potable water for domestic or commercial use.

 

ARTICLE 3.  PRE-APPLICATION PROCESS (OPTIONAL)

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Section 3.1. Pre-Application Procedure

3.1.1.     Conference.  For the purpose of expediting applications and reducing subdivision design and development costs, a subdivider may request an informal pre-application conference in accordance with the requirements provided herein.  The pre-application conference is intended to provide general advice to the subdivider about the procedures and data requirements for subdivision review and approval in the County.

3.1.2.     Summary Procedure Conference.  All proposed subdivisions which qualify for approval under the summary procedure provided in Article 6 of these Regulations may begin with a pre-application conference.

3.1.3.     Scheduling.  At the request of the subdivider, the County Manager shall schedule a pre-application conference in order for the subdivider to meet with appropriate County representatives and to become acquainted with the necessary requirements for subdivision review and approval.

3.1.4.     Fee.  No fee shall be required for a pre-application conference.

3.1.5.     Statements Non-Binding.  Neither the subdivider nor the county shall be bound by any statements or determinations made during the pre-application conference.

3.1.6.     Application/Forms.  At the request of the subdivider, the County Manager shall provide sufficient guidance and application forms for preliminary plat submittal in order to proceed with the County subdivision process and to fulfill the requirements of the New Mexico Subdivision Act.

Section 3.2. Pre-Application Data Requirements

3.2.1.     Sketch Plan.  A sketch plan may be prepared by the subdivider which shows the proposed lay-out of streets and lots, with estimated dimensions and other relevant site information.  The location of the proposed subdivision must be adequately described on a general map of the area.

3.2.2.     Additional Information.  In addition to the sketch plan and location map, the subdivider may provide the following information:

A.         Name and mailing address of the subdivider and designated agent, if any.

B.         Name of owner or owners of land to be subdivided.

C.         Property tax code and accompanying "Jacob's" map from the Lea County Assessor's Office.      

D.         A description of surrounding land uses.

E.         Accessibility of site to roads and utilities.

Section 4.1. Preliminary Plat Submittal

4.1.1.     Preliminary Plat Required.  Preliminary plats shall be submitted for Type One, Type Two, Type Three B, and Type Four subdivisions.  Type Three A and all Type Five subdivisions are subject to review under the summary procedure set forth in Article 6 of these Regulations.

4.1.2.     Application/Fees.  A subdivider shall prepare a preliminary plat and supporting documentation in accordance with the requirements provided in these Regulations.  Preliminary plat submittal is initiated by completing an application on a prescribed form available from the County Manager, and upon payment of the required administrative fees.

4.1.3.     Plat Deemed Complete.  On receipt of the application, fees, preliminary plat, and supporting documentation, the County Manager shall review all materials in order to deter-mine if the preliminary plat is ready to begin the review process.  If there are no deficiencies, the preliminary plat is deemed complete for review by writ-ten notice to the subdivider within thirty (30) working days after the date of application.  If the preliminary plat is incomplete or does not comply with the submittal requirements provided herein, the subdivider shall be notified and be given time to correct the deficiencies and return the preliminary plat for consideration. If the additional information is not received by the County within sixty (60) days of the date of the notification, resubmittal of a new application accompanied by a entirely new subdivision package will be required.

Section 4.2. Agency Review

4.2.1.     Plat Transmittals.  Within ten (10) working days after the date that the preliminary plat is deemed complete, the County Manager shall forward a copy of the preliminary plat and supporting documentation to the following state and local agencies by certified mail "return receipt requested" with a request for review and opinions:

A.  New Mexico State Engineer Office, to determine:  (1)  whether the subdivider can furnish sufficient water quantity to fulfill the maximum annual  water requirements of the subdivision, including water for indoor and outdoor domestic uses; and  (2) whether the subdivider can fulfill the proposal in his/her disclosure statement concerning water, excepting water quality.

B.   New Mexico Environment Department, to determine: (1)  whether the subdivider can furnish water of an acceptable quality for human consumption and measures to protect the water supply from contamination in conformity with state regulations promulgated pursuant to the Environmental Improvement Act (74-1-1 to 74-1-10 NMSA 1978); (2) whether there are sufficient liquid and solid waste disposal facilities to fulfill the requirements of the subdivision in conformity with state regulations promulgated pursuant to the Environmental Improvement Act, the Water Quality Act (Section 74-1-6 NMSA 1978) and the Solid Waste Act  (Section 74-9-1 NMSA 1978); and (3) whether the subdivider can fulfill the proposals contained in the disclosure statement concerning water quality and concerning liquid and solid waste disposal facilities.

C.   New Mexico Highway and Transportation Department, to determine whether the subdivider can fulfill  state highway access requirements in conformity with state regulations  promulgated pursuant to Section 67-3-16 NMSA 1978.

D.   Soil and Water Conservation District in which the proposed subdivision is located, to determine:  (1)  whether the subdivider can furnish terrain management sufficient to protect against flooding, inadequate drainage and erosion; and (2)  whether the subdivider can fulfill the proposals contained in the disclosure statement concerning terrain management.

E.   Any other public agencies the county considers necessary to determine whether there are adequate facilities to accommodate the proposed subdivision.

4.2.2.   Agency Response.  The state and local agencies shall have thirty (30) days from their receipt of the preliminary plat to review and return an opinion regarding the preliminary plat.  The County Manager shall obtain receipts or other proof showing the date the opinion request was received by each state or local agency.

4.2.3.   Hearing Deadlines.  If the opinions received from all agencies are favorable, the County shall sched-le a public hearing for consideration and action on the preliminary plat within thirty (30) days following the receipt of such favorable opinion.  If the County does not receive a requested opinion within the specified thirty (30) days, it shall proceed with the required public hearing.

4.2.4.   Adverse Opinion.  If any opinion from a public agency is adverse, the reason for the denial shall cite the law or regulation for the basis of denial, and shall state why and/or how the proposal does not comply with the regulation. The County Manager shall forward a copy of the adverse opinion to the subdivider and request that additional information be provided to the County within thirty (30) days to respond to the concerns of the appropriate agency.  The County Manager shall forward such additional information upon receipt to the appropriate agency which shall have thirty (30) days after the date the sub-divider submits the additional information in order to revise its opinion. The County Manager shall obtain receipts or other proof showing the date the additional information was received by each state or local agency.

4.2.5.   Revised Opinion.  The County staff shall schedule a public hearing for consideration and action within thirty (30) days after the receipt of a revised opinion from the appropriate agency.  If the County does not receive a revised opinion within the specified thirty (30) days after the date the subdivider submits the additional information, it shall proceed with the required public hearing.

Section 4.3. Public Hearings on Preliminary Plats

4.3.1.   Scheduling.  The County Planning and Zoning Board shall conduct a public hearing after receipt of all requested opinions, either favorable or revised, within the time periods specified in these Regulations.  Notice of the public hearing shall be given at least twenty-;one (21) days before the hearing date.

4.3.2.   Notice.  The notice of public hearing before the County Planning and Zoning Board shall be published in a newspaper of general circulation in the County and shall contain the following information:

A. Subject of the hearing.

B. Time and place of the hearing.

C. Manner for interested persons to present their views.

D. Place and manner for interested persons to get copies of any favor-able or adverse opinion and of the subdivider's proposal.

4.3.3.   Notification.  Copies of the notice of public hearing shall be transmitted by first class mail to the following:

A.  The subdivider filing the application for preliminary plat approval.
B.  Those public agencies which initially received copies of the preliminary plat and supporting documentation with a request for opinion.
C.  Any interested person who previously requested such notice and provided a stamped, self-addressed envelope for such purpose.          
D.  Owners of property contiguous to the land proposed to be subdivided.

4.3.4.   Participation/Record.  At the public hearing, the County shall allow all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing, and to examine witnesses testifying at the hearing.  A record of the public hearing shall be kept.  The opinions of the public agencies shall be made a part of the record.

4.3.5.   Action.  Within thirty (30) days after the public hearing by the County Planning and Zoning Board, the Board of County Commissioners shall approve, approve with conditions, or disapprove the preliminary plat at a public meeting. The County Manager shall inform the subdivider in writing of the decision of the Board of County Commissioners.

Section 4.4. Expiration of Preliminary Plat

4.4.1.   Expiration.  An approved or conditionally approved preliminary plat shall expire twenty-four (24) months after its approval or conditional approval.  Upon request by the subdivider, an additional period of no more than twelve (12) months may be added to the expiration date by the Board of County Commissioners.

4.4.2.   Phased Development.  If the preliminary plat was approved for phased development, the subdivider may file final plats for portions of the preliminary plat, and the expiration date of the preliminary plat shall be extended for an additional thirty-six (36) months after the date of the filing of each final plat. The number of phased final plats shall be  determined by the Board of County Commissioners at the time of the approval or conditional approval of the preliminary plat.

4.4.3.   Extension.  Before the expiration date of the approved or conditionally approved preliminary plat, the subdivider may submit to the Board of County Commissioners an application for extension of the preliminary plat for a period of time not exceeding twelve (12) months, for a total of thirty (36) months.

4.4.4.   Expiration Effect.  The expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed with-out first processing a new preliminary plat.

Section 4.5. Preliminary Plat Data Requirements

4.5.1.   Purpose.  At a minimum, the supporting documentation required for the preliminary plat review is intended to provide sufficient information for the County Planning and Zoning Board and the Board of County Commissioners to determine that:

A.  Water quantity is sufficient to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses.

B.  Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination.

C.  There is a means of liquid waste disposal for the subdivision.

D.  There is a means of solid waste disposal for the subdivision.

E.  There are satisfactory roads to each parcel, including entry and exit for emergency vehicles, and there are appropriate utility easements to each parcel.

F.  Terrain management protects against flooding, inadequate drainage, and erosion.

G.  There are protections for cultural properties, archaeological sites and un-marked burials that may be directly affected by the subdivision, as required by the Cultural Properties Act.

H.  The subdivider can fulfill the proposals contained in the disclosure statement for the subdivision.

I.    The subdivision will conform with the New Mexico Subdivision Act and these Regulations.

4.5.2.   Minimum Documentation.  Supporting documentation, as a minimum, shall include:

A.  Water supply plan including water quantity demand, conservation, water quality, and fire protection components.

B.  Liquid waste disposal plan.

C.  Solid waste disposal plan.

D.  Documentation of legal status, and general description of condition of the accessibility of site to roads and utilities.

E.  Terrain management plan.

F.  Cultural properties protection.

G.  Disclosure statement.

4.5.3.   Application Specifications.  The subdivider shall submit ten (10) copies of the preliminary plat and supporting documentation for review and distribution to public agencies.  Preliminary plat maps shall be prepared at a scale of three-hundred (300) feet to one (1) inch or larger, and printed on sheets no smaller than eighteen by twenty-four  (18 x 24) inches.  Sheets shall be numbered in sequence if more than one sheet is used.

4.5.4.   Map Specifications.  At a minimum the preliminary plat map shall show the following elements.

A. The name of the subdivision, scale, north arrow, and date;

B.  Existing topography and any regarding plans, indicating contour intervals sufficient for planning purposes;

C.  Existing and proposed boundary lines, in bearings and distances, for the sub-division;

D.  Proposed lot lines, with lot and block numbers, and approximate acreage of each lot;

E.  The location, dimensions, and purpose of existing and proposed easements;

F.   Names and right-of-way widths of existing and proposed streets on and adjacent to the subdivision;

G.  Existing and proposed utilities on and adjacent to the site;

H.  Locations, dimensions, and purpose of any land to be dedicated to the public use, including any improvements to be made to that land;

I.    Area map showing relation to highways, roads, existing commercial areas, and cities, towns, or villages within a three (3) mile radius.  The area map shall also show the record owner of the adjoining tracts of land, except in cases where it joins another subdivision, then the name of the adjoining subdivision;

J.    Location of archaeological, historical, or culturally significant features on the site;

K.  Delineation, if applicable, of any 100-year flood plain;

L.   Names and addresses of the owner or owners of land to be subdivided, the subdivider if other than the owner, and the land surveyor; and

M.   Legal description indicating the range, township, and section within which the subdivision is located.

4.5.5.     Phased Subdivisions.  Subdivisions which are proposed to be phased and filed in multiple final plats shall include an anticipated phasing schedule for the final plats and a schedule of improvements.

4.5.6.     Disclosure Statement.  The preliminary plat shall be accompanied by a draft disclosure statement in accordance with the standardized format provided in the Appendix of these Regulations.  A disclosure statement shall be required for all subdivisions.  The purpose of the disclosure statement is to permit the prospective purchaser, lessee, or other person acquiring an interest in subdivided land to make an informed decision about the purchase, lease, or other conveyance of the land.

Section 5.1. Final Plat Submittal

5.1.1.     Conformity.  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.

5.1.2.     Application/Fees.  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 County Manager, and upon payment of the required administrative fee.

5.1.3.     Plat Deemed Complete. The County Manager shall review all materials in order to determine whether the final plat is complete. If there are no deficiencies, the final plat will be deemed complete for review by written notice to the subdivider within thirty (30) days after the date of application.  If the final plat is incomplete or does not comply with the submittal requirements provided herein, the subdivider shall be notified and will be given time to correct the deficiencies and return the final plat for consideration. Subject to the preliminary plat expiration requirements of Article 4, Section 4.1 of these Regulations, if the resubmittal is not received by the County within six months of the date of the notification, a new application and new final plat submittal package will be required.

Section 5.2. Decision on Final Plat

5.2.1.     Action.  Final plats submitted to the County for final 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.

5.2.2.     Denial.  The Board of County Commissioners shall not deny 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/completion with the previously approved preliminary plat.  Denial of a final plat shall be accompanied by a finding identifying the requirements that have not been met.

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 as required by as required by these Regulations, 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.  

5.2.5.     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 reject 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 Requirements

5.3.1.         Filing Specifications.  The final subdivision plat drawn at a scale of no less than 1" = 300', drawn by a professional surveyor licensed in New Mexico, durable reproducible stock with north orientation shall include the following information:

A.         All final subdivision plats presented for filing shall be drawn on good quality linen or polyester film ("Mylar" or equivalent material) and be accompanied by good quality reproductions of same size.  All data and lettering thereon shall be in India ink, sufficiently clear and distinct to permit duplication thereof.  The copies shall be on good quality paper with the same restrictions as to size.

B.         The subdivider will file an original final plat with the County Clerk. The subdivider shall also submit two (2) paper copies of the final plat map and accompanying information.   The original and each copy must not be smaller than 18x24 inches. The drawing itself shall not exceed 18x21 inches.  However, in case the property covered is so extensive that it would be impractical for the plat to be drawn to the above size, then it may be drawn on a 26x34 inch sheet.  The drawing itself shall not exceed 26x31 inches.  There shall also be a blank space not less than 3½x3½ inches on the drawing, in the lower right hand corner, for the impression of the clerk's filing stamp.  The plats and maps shall be compatible in size with the areas covered but shall not be less than one (1) inch to three hundred (300) feet.  Sheets shall be numbered in sequence if more than one sheet is used.

C.         Restrictive covenants shall not be made a part of the plat or dedication but shall be filed and recorded with the County Clerk as a separate instrument.

5.3.2     Map Specifications.  The final plat map shall include the following information:

A. The name of subdivision, scale, north arrow, and date;

B.  Permanent monuments, or descriptions and ties to such monuments, to which all dimensions, angles, bearings, and similar data on the plat shall be referred;

C.  Tract boundary lines, easement and right-of-way lines, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves;

D. An 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;

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

F.  The location, dimensions, and purpose of all easements and dedicated public sites;

G.  The number of each parcel in progression, with its dimensions, and the dimensions of all land dedicated for public use or for the use of the owners of parcels fronting on or contiguous to the land;

H.  The names of owners of contiguous unplatted land;

I.    Delineation of any 100-year flood plain with base flood elevation for all lots within the flood hazard zone;

J.    The names of the  owner or owners of the subdivision, and the developer if other than the owner;

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

L.   A legal description indicating the range, township, and section within which the subdivision is located.                        

M.  Certificates of Approval shall be placed on the face of the plat such as the Lea County Board of Commissioners, Lea County Planning and Zoning Board, and, where the proposed subdivision falls within the planning and platting jurisdiction of a municipality, the city planning and zoning board and the city commission of such municipality.

N.  Minimum building set-back lines on all parcels.

O.  Statement of agreement by utilities involved as to sizes and locations of utility easements.  Minimum width of any utility easement shall be fifteen (15) feet.

5.3.3. Reservation of Jurisdiction.    Upon approving a subdivision plat, the commission expressly reserves jurisdiction to subsequently determine whether or not plat approval should be suspended or revoked because of:

A.  Any material misstatement or error of fact in the disclosure statement or any information upon which the commission relied; or

B.  A subsequent failure to comply with a material provision of the disclosure statement.

C.  Failure to comply with county subdivision regulations or a decision of the planning board or the commission.

5.3.4.  Additional Requirements.    A final plat shall not be approved until the subdivider has submitted and the commission has approved each of the following items as they are applicable to a particular subdivision:

A.  A engineers' certificate that all roads have been constructed in accordance with the approved design plans and County and State regulations;

B.  Disclosure Statement

C.  Restrictive Covenants

D.  Schedule of Compliance

E.   Phased Development Plan

F.   State Engineer's Opinion

G.   Engineer's Road Plans

H.   Environmental Improvement Division Opinion

I.     Soil and Water Conservation District Opinion

J.     State Highway Department Opinion

K.    Performance Bond, Letter of Credit, or Other Collateral

L.     Financial Statement

M.    Statement of availability and estimated cost to serve customers by the following utility services:

1.  Electric

2.  Gas

3.  Telephone

4.  Water

5.  Liquid Waste Disp.

6.  Solid Waste Disp.

N.    Contracts Conveying Interest (sale or lease)

O.    Advertising Materials

P.     Proof of payment of all property Taxes for the land proposed to be subdivided

Q.    Such other agreements as may reasonably be required by the Lea County Board of Commissioners.

5.3.5. Affidavit.  The final plat shall contain a statement that the land being subdivided is sub-divided in accordance with the final plat.  The final plat shall be acknowledged by the owner  at the time of plat filing and subdivider or their authorized agents in the manner required for the acknowledgment of deeds.  Every final plat submitted to the County Clerk shall be accompanied by an affidavit of the owner and subdivider, or their authorized agents, stating whether or not the proposed subdivision lies within the subdivision regulation jurisdiction of the County.  A copy of the final plat shall be provided by the subdivider to every purchaser, lessee, or other person acquiring an interest in the subdivided land before sale, lease, or other conveyance.

5.3.6.  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.

A.         Included in each dedication shall be the following:

All areas of land shown for public use, including streets and alleys, are hereby dedicated to the public use and fee vests in Lea County.  As a condition of acceptance, the Subdivider agrees to construct at his own expense, all roads, streets, and alleys within, and provide access to, the subdivision in full conformance with the requirements of the Lea County Subdivision Regulations and the approved schedule of compliance and, if required, the phased development plan; and to sell or lease parcels only in accordance therewith.

B.         The fact that certain roads (streets or alleys) within a subdivision will become public property by virtue of the dedication for public use does not mean necessarily that the roads within the subdivision have been accepted for maintenance by the county.  Neither does it follow that the county automatically accepts for maintenance any other roads or lands within a subdivision which has been dedicated for public or common use.

C.         Acceptance for maintenance of land dedicated to the county within an approved subdivision shall not occur until:

1.         The roads or other improvements have been completed in full compliance with county regulations, 

2.         The subdivider's registered professional engineer has certified by affidavit to the Board of County Commissioners that such roads or other improvements have been constructed in accordance with approved design plans, and

3.          The Board of County Commissioners has by resolution approved the acceptance of the maintenance of the roads or other improvements.

4.           Acceptance of offers of dedication on a final plat shall not be effective until the final plat is filed in the Office of the County Clerk pursuant to these Regulations or a resolution of acceptance by the Board of County Commissioners is filed in that office.

5.3.7.         Disclosure Statement.  For all subdivisions, a disclosure statement shall be prepared in accordance with the standardized format provided in the Appendix of these Regulations. It is unlawful to sell, lease, or otherwise convey land in a subdivision until the required disclosure statement has been; filed and recorded with the County Clerk, filed with 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 by the subdivder accompanied by a readable copy of the final plat.

5.3.8.         Conformity.  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/her disclosure statement or if the subdivider has not conformed with the New Mexico Subdivision Act and the County's Subdivision Regulations.

5.3.9.         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.  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.

5.3.10.        Recording.  The final plat is in full force and effect only after having been recorded in the office of the County Clerk within one (1) year after the date of approval by the Board of County Commissioners. The disclosure statement shall be recorded prior to or contemporaneously with the final plat.

5.3.11.        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.

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 County Clerk, the Attorney General, and the Planning Division within fifteen (15) days after initial use by the subdivider.

5.4.2.     Requirements/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 other reference symbol as a means of contra-dicting 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 references 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.

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 Com-missioners and shall be filed with the 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 filed with the County Clerk of each county in which the subdivision is located.

5.5.2.     Relevant Documents Disclosed.  The subdivider shall furnish the Board of County Com-missioners a sample copy of sales contracts, leases and any other documents that 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 permanently marked with metal stakes in the ground and a reference stake placed beside one corner of each parcel.

5.5.4     Construction or Financing Improvement.  The improvements required on the final plat must be in place, inspected and approved by the County Road Superintendent or the subdivider must enter an improvement agreement satisfactory to the County.

Section 5.6.  Recording Parcels

5.6.1.     Authority. §47-6-9(A)(17) NMSA 1978 requires counties to enact regulations for recording all conveyances of parcels with the County Clerk.  As defined in the Act, the term "parcel" means "land capable of being described by location and boundaries and not dedicated for public or common use."

5.6.2.     Purpose.  Recording conveyances of parcels provides anyone interested in acquiring land, and lenders, with important information about the condition of title.  Recording conveyances of all parcels also provides public officials with information needed to detect illegal subdividing. The purpose of this information is to protect buyers and lenders and to help enforce the Act and these Regulations by making all conveyances of parcels matters of public record.

5.6.3.     Requirement.  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, or other document of conveyance with the County Clerk no later than five (5) days after the closing or thirty (30) days after the date on which the document is signed, whichever comes first.   A memorandum of lease may be recorded in lieu of recording the lease itself, as provided in §14-9-1 NMSA 1978.

5.6.4.     Form and Certification.  Any deed, lease for an initial term plus option terms in excess of five (5) years, 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 §14-8-4 NMSA 1978.

Section 6.1.  Summary Review Procedure

6.1.1.     Qualifications.  The following types of subdivisions shall be submitted to the County for approval under summary review procedure:

A. All Type Three A  subdivisions containing five (5) or fewer parcels of land.

B.  All Type Five subdivisions.

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.     Application/Fees.  A subdivider shall prepare a summary review plat and supporting documentation in accordance with the requirements provided in these Regulations.  The summary review plat shall be considered as a final plat suitable for filing with the County Clerk.  Summary review plat submittal is initiated by completing an application on a prescribed form obtainable from the County Manager, and upon payment of the required administrative fees.

6.1.4.     Plat Deemed Complete.  On receipt of the application, fees, summary review plat, and supporting documentation, the County Manager shall review all materials in order to determine if the preliminary plat is ready to begin the review process.  If there are no deficiencies, the summary review plat will be deemed complete for review by written notice to the subdivider within thirty (30) 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 and given  time  to correct the deficiencies and return the summary review plat for consideration. If the additional information is not received by the County within thirty (30) days of the date of the notification, resubmittal of a new application accompanied by a entirely new subdivision package will be required.

6.1.5.     Review and Approval.  Summary review plats submitted to the County for approval shall be approved or disapproved by the County Planning and Zoning Board at a public meeting within thirty (30) days of the date the summary review plat is deemed complete.  The Board of County Commissioners has delegated to the County Planning and Zoning Board the authority to approve any subdivision under summary review.

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 County Manager shall, as a condition preceding 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 County Manager or his designee 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 Board of County Commissioners 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 Data Requirements

6.2.1. Application Specifications.  The original drawing of the summary review plat shall meet all requirements of Section 5.3.1. The subdivider shall also submit fifteen (15) paper copies of the final plat map and accompanying information. 

6.2.2. Plat Specifications.  The summary review plat map shall meet all requirements for final plats pursuant to Section 5.3.2.

6.2.3  Reservation of Jurisdiction.    Upon approving a subdivision plat, the commission expressly reserves jurisdiction to subsequently  determine whether or not plat approval should be suspended or revoked because of:

A.         Any material misstatement or error of fact in the disclosure statement or any information upon which the commission relied; or

B.         A subsequent failure to comply with a material provision of the disclosure statement.

C.         Failure to comply with county subdivision regulations or a decision of the planning board or the commission.

6.2.4.  Additional Requirements.    A final plat shall not be approved until the subdivider has submitted and the commission has approved each of the following items as they are applicable to a particular subdivision:

A.         A engineers' certificate that all roads have been constructed in accordance with the approved design plans County and State regulations;

B.         Disclosure Statement

C.         Restrictive Covenants

D.         Schedule of Compliance

E.         Phased Development Plan

F.         Engineer's Road Plans

G.         Performance Bond, Letter of Credit, or Other Collateral

H.         Financial Statement

I.          Statement of availability and estimated cost to serve customers by the following utility services:

1.  Electric

2.  Gas

3.  Telephone

4.  Water

5.  Liquid Waste Disp.

6.  Solid Waste Disp.

J.          Contracts Conveying Interest (sale or lease)

K.         Advertising Materials

L.         Proof of payment of all property Taxes for the land proposed to be subdivided

M.        Such other agreements as may reasonably be required by the Lea County Board of Commissioners.

6.2.5.     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 their 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 their authorized agents, 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.

6.2.6.     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.

A. Included in each dedication shall be the following:

All areas of land shown for public use, including streets and alleys, are hereby dedicated to the public use and fee vests in Lea County. As a condition of acceptance, the Subdivider agrees to construct at his own expense, all roads, streets, and alleys within, and provide access to, the subdivision in full conformance with the requirements of the Lea County Subdivision Regulations and the approved schedule of compliance and, if required, phased development plan; and to sell or lease parcels only in accordance therewith.

B.  The fact that certain roads (streets or alleys) within a subdivision will become public property by virtue of the dedication for public use does not mean necessarily that the roads within the subdivision have been accepted for maintenance by the county.  Neither does it follow that the county automatically accepts for maintenance any other land within a subdivision which has been dedicated for public or common use.

C.  Acceptance for maintenance of land dedicated to the county within an approved subdivision shall not occur until:

1.     The roads or other improvements have been completed in full compliance with county regulations, 

2.     The subdivider's registered professional engineer has certified by affidavit to the Board of County Commissioners that such roads or other improvements have been constructed in accordance with approved design plans, and

3.      The Board of County Commissioners has by resolution approved the acceptance of the maintenance of the roads or other improvements.

4.      Acceptance of offers of dedication on a final plat shall not be effective until the final plat is filed in the Office of the County Clerk pursuant to these Regulations or a resolution of acceptance by the Board of County Commissioners is filed in that office.

6.2.7.     Disclosure Statement.  For all subdivisions covered under this Article, a disclosure statement shall be prepared in accordance with the standardized format provided in the Appendix of these Regulations.  It is unlawful to sell, lease or otherwise convey land in a subdivision until the required disclosure statement has been; filed and recorded with the County Clerk, filed with 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 by the subdivder.

65.2.8.  Recording.  The final plat is in full force and effect only after having been recorded in the office of the County Clerk within one (1) year after the date of approval by the Board of County Commissioners. The disclosure statement shall be recorded prior to or contemporaneously with the final plat.

6.2.9.     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.  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.

6.2.10. Advertising Standards.  The advertising standards covering the sale, lease, or other conveyance of subdivided land provided in Article 5, Section 4 of these Regulations shall be applicable to summary review plats.

Section 7.1. Succeeding Subdivisions

Unless subject to a variance approved pursuant to Article 7 Section 7.4, any proposed subdivision shall be combined with a previous subdivision and upgraded for classification purposes by the Board of County Commissioners if the proposed subdivision includes:

A. A part of a previous subdivision that has been created in the preceding seven (7) year period; or

B.  Any land retained by a subdivider after creating a previous subdivision if the pre-vious subdivision was created in the preceding seven (7) year period.

7.1.1.     For any subdivision approved prior to the effective date of this ordinance only that portion which is added onto it, thus creating a succeeding subdivision, shall be subject to the standards of this ordinance.

Section 7.2. Replats, Corrected and Amended Plats

7.2.1.     Minor Amendment. Any replat, corrected or amended plat for the purpose of correcting an error on a previously approved and filed subdivision plat, in which no additional lots are created and all of the existing lots, dedicated rights-of-way, and easements are not materially affected, will be considered a minor amendment. Minor amendments will be processed and approved by the County Manager or his designee. The original filed plat document can be used in the minor amendment only if the surveyor who prepared the original plat prepares the amendment, and only if the lot and/or lots affected by the replat be owned by the same owner who acknowledged the original document.

7.2.2.     Major Amendment. Any replat, corrected or amended plat for the purpose of altering lots, dedicated rights-of-way, and easements but in which no additional lots are created, and no lot is reduced in size below the minimum lot size approved for the subdivision, will be considered a major amendment. Major amendments must meet the requirements of Article 6, Section 6.2, and will be processed and approved under the summary review process described in Article 6.

Section 7.3. Vacation of Plats

7.3.1.     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:

A. The owners of the land proposed to be vacated sign an acknowledged state-ment, 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

B.  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.

7.3.2.     Request for Vacation.  The vacation of all or a portion of a final plat shall be initiated by submittal of a request for vacation to the County Manager or his designee, along with the names of all owners of record of property within the subdivided land to be vacated, the names of all owners of record of property contiguous to the subdivided land to be vacated, and statements of acceptance by public utilities.  The authorized representatives of all utility companies that have easements within the subdivision's proposed vacation of the plat, must sign a notarized statement  agreeing to the proposed vacation.

7.3.3.     Scheduling and Notification.  Within sixty (60) days after the date of receipt of the statement of vacation and payment of appropriate review fees, the Board of County Commissioners shall approve or deny the vacation, subject to the following:

A.  Action shall be taken at a public meeting.

B.  At least fifteen (15) days before the proposed meeting, all owners of record of property within the subdivided land to be vacated and all owners of record of property contiguous to the subdivided land to be vacated shall have been notified by mail of the proposed vacation and the date, time and place of the public meeting at which the vacation will be considered by the Board of County Commissioners.

C.  Relevant utilities and other agencies have been notified.

7.3.4.     Action.  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.  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. 

7.3.5.     Filing.  The approved statement declaring the vacation of a portion or all of a final plat 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.

7.3.6.     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.

Section 7.4. Variances.

Where, a subdivider can demonstrate that strict compliance with the requirements of these Regulations would result in a substantial or unreasonable hardship to the subdivider because of exceptional topographic, soil or other surface or subsurface conditions, or that strict compliance with these Regulations would result in inhibiting the achievement of the objectives of these  Regulations, the County  may vary, modify, or waive a  requirements.

7.4.1.     Planned Development Area.  The County may 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 County 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.

7.4.2.     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 recommending variances, the County Planning and Zoning Board may require such conditions as will:

A. Substantially secure the objectives of the standards of these Regulations; and
B.  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.

7.4.3.     Procedures. The following procedures and requirements shall apply to all requests for variances under these Regulations.

A. Requests for variances shall be submitted in writing prior to or at the time of request for preliminary plat approval on a form provided by the County for that purpose.

B.  Variance requests shall be reviewed by the County Planning and Zoning Board in public hearings prior to or concurrent with public hearings that are held for recommendations for approval or denial of the preliminary plat.

C.  Notice of the request for variance shall be given in the same manner as notice is provided for any public hearing required in these Regulations and shall comply with the requirements of the Open Meetings Act of the State of New Mexico.

D.  Variance requests shall be submitted to the state or other reviewing agency having expertise with respect to the subject matter for which the variance is sought, and shall be governed by the same time limits.

E.  The County Planning and Zoning Board  shall make written findings of fact regarding each of the requirements of these Regulations and shall produce those findings of fact and a recommendation on each request for variance. The record shall be submitted to the Board of County Commissioners for a final decision. The Commission may accept, reject, or modify the recommendation of the Planning and Zoning Board.

F.  Notice of the  final decision and order shall be prepared, signed and filed with the County Manager's Office within five (5) working days after the final approval is obtained from Board of County Commissioners at the public hearing at which the variance is con-sidered.

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. Any person claiming entitlement to an exemption under the provision of these Regulations shall file a written claim of exemption on the form prescribed in the  Appendix of these Regulations with the County Manager  before making the land division for which the claim of exemption is made.

B.  The County Manager or his designee 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 thirty (30) days after receipt of the completed claim of exemption; provided, however, that the thirty (30) 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 County Manager or his designee.

C.  If the claim of exemption is approved, or if the County Manager or his designee fails to mail written notice to the claimant within thirty (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.

D.  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 subdivision as provided in these Regulations.

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

7.6.1.     Registered Cultural Properties. Any person desiring to subdivide land in the County shall demonstrate that they have reviewed the latest edition of the New Mexico Register of Cultural Properties (the Register) that has been provided to the County by the State Historic Preservation Office, and

A. 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

B.  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 18-6-1 through 18-6-17 NMSA 1978.

7.6.2.     Unmarked Human Burials

A. 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.

B.  All subdividers shall comply with the requirements of §18-6-11.2 NMSA 1978, 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.

Section 8.1. Construction of Required Improvements 

8.1.1.     Improvement Requirements.  The subdivider shall install and construct such improve-ments, as are required by these Regulations in the manner and to the Design and Construction Standards provided in these Regulations.  Approval of the preliminary plat is authorization for the subdivider to proceed with the minimum improvements required by these Regulations.  Before the construction of any improvements or the submission of any bond or other improvement guarantee, the subdivider shall furnish the County with all plans necessary for the construction of such improvements.  These plans shall be reviewed by the County Road Superintendent and, if in accordance with these Regulations, shall be approved by the County, allowing the subdivision development to proceed.

8.1.3.     Improvement Agreement.  The County may enter into a subdivision improvement agreement with a subdivider.  This agreement shall constitute a binding contract between the subdivider and the County and shall contain those terms and conditions agreed to by the subdivider and the County.

Section 8.2. Road Development

2.1.     Construction Schedule.  Roads within a subdivision shall be constructed only on a schedule approved by the Board of County Commissioners.  In approving or dis-approving a subdivider's road construction schedule, the Board of County Commissioners shall consider the:

A. Proposed use of the subdivision.

B.  Period of time before the roads will receive substantial use.

C.  Period of time before construction of homes will begin on the portion of the subdivision serviced by the road.

D. County regulations governing phased development.

E.  Needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided land in viewing the land within the subdivision.

8.2.2.     Safety.  All proposed roads shall conform to all applicable safety standards.

8.2.3.     Demonstration of Use/Access.  The Board of County Commissioners shall not approve the grading or construction of roads unless and until the subdivider can reasonably demonstrate that the roads to be constructed will receive use and that the roads are necessary to provide access to parcels or improvements within twenty-four (24) months after the date of construction of the road.  It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the Board of County Commissioners, and a construction permit has been secured.

8.2.4.     Fencing, Cattle Guards and Gates.  In areas that are determined to be in "open range" areas, the subdivider shall be required to provide fencing, cattle guards and gates around the perimeter of the Subdivision to be in accordance with all applicable state or federal standards and the requirements of these regulations.

Section 8.3. Improvement Guarantees

8.3.1.     Assurance.  In order for the County to be assured of the completion of required improve-ments, the subdivider shall agree to either:

A. Complete installation of the required improvements before approval of the final plat; or

B.  Assure construction of required improvements after final plat approval.

8.3.2.     Alternatives.  If the subdivider wishes to submit the final plat for review, approval, and recording before completion of required improvements, the subdivider shall post a suitable improvements guarantee in an  amount approved by the County.  The guarantee shall be not less that 125 percent of the estimated cost of the required improvement.  This guarantee may be by bond, letter of credit, escrow deposit, or other method acceptable to the Board of County Commissioners.

Any person desiring to subdivide land in the County shall pay the administrative fees set by the County for:

Preliminary plat                                     $ 100.00

Final Plat                                               $ 100.00, plus $15.00/lot

Summary review plat                               $ 200.00

Variance/each request                              $ 100.00

Appeal                                                  $ 100.00                                   

Claim of Exemption                                $   25.00

Section 10.1. Appeal of a Decision

10.1.1.   Planning and Zoning Board.  Any person who is adversely affected by a decision of the County Planning and Zoning Board in approving or disapproving a preliminary or final plat or any other decision may appeal to the Board of County Commissioners within thirty (30) days after the date of the action of the County Planning and Zoning Board. Said appeal shall be de novo.

10.1.2.   Board of County Commissioners.  Any person who is adversely affected by a decision of the Board of County Commissioners in approving or disapproving a preliminary or final plat or other decision made pursuant to these Regulations, may appeal to the District Court within thirty (30) days after the date of the action of the Board.

Section 10.2. Appeals to District Court

10.2.1.   The appeal shall set forth the reasons for the appeal in writing, and shall also be submitted to the County Manager or his designee. The appeal shall consist of a whole record review pursuant to these Regulations. The District Court shall only set aside the action of the Board of County Commissioners if it is found to be:

A.    Arbitrary, capricious or an abuse of discretion;

B.     Not supported by substantial evidence; or

C.     Otherwise not in accordance with law.

10.2.2.   Any party to the action in District Court shall have full appellate rights in accord-ance with the laws of the State of New Mexico and the rules of appellate pro-cedure for the State of New Mexico.

10.2.3.   The appeal shall be  initiated by filing a written notice of appeal which sets forth the specific portion or portions of the decision being appealed.  A copy of the decision or order being appealed shall be attached to the notice of appeal.

Section 11.1. Purpose and Authority

Violations of the provisions of these Regulations shall be prosecuted in the manner provided by law to protect the health, safety, and welfare of the public according to the County's authority under the New Mexico Subdivision Act,  47-6-1 et seq. NMSA 1978.  The remedies provided in these Regulations shall be cumulative and not exclusive.

Section 11.2. Investigation of Alleged Violations

All written, signed complaints alleging one or more violations of the provisions of the New Mexico Subdivision Act or these Regulations shall be referred to the County Attorney  for investigation.  The County Attorney shall investigate the complaint and take such action as is warranted, or make a written recommendation to the Board of County Commissioners of what action is warranted. .

Section 11.3. Penalties and Remedies 

Violations of the provisions of these Regulations shall be subject to the following penalties, remedies and enforcement procedures:

11.3.1.   Utility Connections.  Any water, sewer, electric, or gas utility that connects service to individual parcels within a subdivision before a final plat for the subdivision has been approved by the Board of County Commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars ($500) by the Board of County Commissioners.  The Board of County Commissioners may also require that any utility connected in violation of this section and of §47-6-27.2 NMSA 1978 be disconnected.

11.3.2.   Suspension of Right of Sale.  The Board of County Commissioners may suspend or revoke approval of a plat as to unsold, unleased or otherwise not conveyed portions of a subdivider's plat if the subdivider does not meet the schedule of compliance approved by the Board of County Commissioners.

11.3.3.   Injunctive Relief, Mandamus.  The Board of County Commissioners, the District Attorney, or the Attorney General may apply to the District Court for any one or more of the following remedies in connection with violations of the New Mexico Subdivision Act and these Regulations:

A. Injunctive relief to prohibit a subdivider from selling, leasing, or otherwise conveying any interest in subdivided land until the subdivider complies with the terms of the New Mexico Subdivision Act and these Regulations;

B.  Injunctive relief to compel compliance by any person with the provisions of the New Mexico Subdivision Act and these Regulations;

C.  Recission and restitution for persons who have purchased, leased, or otherwise acquired an interest in subdivided land that was divided, sold, leased or otherwise conveyed in material violation of the New Mexico Subdivision Act or these Regulations; or

D. A civil penalty of up to five thousand dollars ($5,000) for each parcel created in knowing, intentional or willful violation of the New Mexico Subdivision Act or these Regulations.

11.3.4.   Bond Not Required.  The Board of County Commissioners, the District Attorney and the Attorney General shall not be required to post bond when seeking a temporary or permanent injunction or mandamus according to the provisions of the New Mexico Subdivision Act.

11.3.5.   Criminal Penalties 

A. § 47-6-27 NMSA 1978 provides that:

1.     Any person who knowingly, intentionally, or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one year, or both.

2.     Any person who is convicted of a second or subsequent knowing, intentional, or willful violation of the New Mexico Subdivision Act is guilty of a fourth degree felony, punishable by a fine of not more than twenty-five thousand dollars ($25,000) per violation or by imprisonment for not more than eighteen (18) months, or both.

B.  Any violation of the provisions of these Regulations is punishable by a fine not to exceed three hundred dollars ($300) or imprisonment for not more than ninety (90) days, or both, in accordance with §4-37-3 NMSA 1978.

11.3.6    Private Remedies.  Pursuant to §47-6-27.1 NMSA 1978:

A. Any sale, lease or other conveyance of land within a subdivision subject to the Act, which subdivision has not been approved by the Board of County Commissioners, shall be voidable at the option of the purchaser, lessee or other person acquiring