0001| HOUSE BILL 1106
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EARLENE ROBERTS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SUBDIVISIONS; INCREASING COUNTY AUTHORITY TO
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0012| REGULATE CERTAIN WATER AND SAFETY PROVISIONS NECESSARY FOR
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0013| SUBDIVISION PLAT APPROVAL; AMENDING SECTIONS OF THE NEW MEXICO
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0014| SUBDIVISION ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 47-6-2 NMSA 1978 (being Laws 1973,
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0018| Chapter 348, Section 2, as amended) is amended to read:
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0019| "47-6-2. DEFINITIONS.--As used in the New Mexico
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0020| Subdivision Act:
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0021| A. "immediate family member" means a husband, wife,
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0022| father, stepfather, mother, stepmother, brother, stepbrother,
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0023| sister, stepsister, son, stepson, daughter, stepdaughter,
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0024| grandson, stepgrandson, granddaughter, stepgranddaughter,
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0025| nephew and niece, whether related by natural birth or adoption;
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0001| B. "lease" means to lease or offer to lease land;
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0002| C. "parcel" means land capable of being described
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0003| by location and boundaries and not dedicated for public or
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0004| common use;
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0005| D. "person" means any individual, estate, trust,
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0006| receiver, cooperative association, club, corporation, company,
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0007| firm, partnership, joint venture, syndicate or other entity;
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0008| E. "final plat" means a map, chart, survey, plan or
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0009| replat certified by a licensed, registered land surveyor
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0010| containing a description of the subdivided land with ties to
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0011| permanent monuments prepared in a form suitable for filing of
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0012| record;
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0013| F. "flood plain" means an area identified as a
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0014| flood plain on the current federal emergency management
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0015| agency's flood insurance rate map;
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0016| [F.] G. "preliminary plat" means a map of a
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0017| proposed subdivision showing the character and proposed layout
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0018| of the subdivision and the existing conditions in and around it
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0019| and [need not be based upon an accurate and detailed survey of
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the land] shall be based upon a survey of the land;
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0021| [G.] H. "sell" means to sell or offer to sell
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0022| land;
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0023| [H.] I. "subdivide" means to divide a surface
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0024| area of land into a subdivision;
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0025| [I.] J. "subdivider" means any person who
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0001| creates or who has created a subdivision individually or as
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0002| part of a common promotional plan or any person engaged in the
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0003| sale, lease or other conveyance of subdivided land; however,
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0004| "subdivider" does not include any duly licensed real estate
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0005| broker or salesperson acting on another's account;
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0006| [J.] K. "subdivision" means the division of a
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0007| surface area of land [including land within a previously
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approved subdivision] into two or more parcels for the purpose
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0009| of sale, lease or other conveyance or for building development,
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0010| whether immediate or future; but "subdivision" does not
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0011| include:
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0012| (1) the [sale, lease or other conveyance]
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0013| division of any parcel that is thirty-five acres or larger in
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0014| size within any twelve-month period, provided that the land has
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0015| been used primarily and continuously for agricultural purposes,
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0016| in accordance with Section 7-36-20 NMSA 1978, for the preceding
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0017| three years;
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0018| (2) the sale or lease of apartments, offices,
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0019| stores or similar space within a building;
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0020| (3) the division of land within the boundaries
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0021| of a municipality;
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0022| (4) the division of land in which only gas,
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0023| oil, mineral or water rights are severed from the surface
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0024| ownership of the land;
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0025| (5) the division of land created by court
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0001| order where the order creates no more than one parcel per
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0002| party;
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0003| (6) the division of land for grazing or
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0004| farming activities; provided the land continues to be used for
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0005| grazing or farming activities;
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0006| (7) the division of land resulting only in the
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0007| alteration of parcel boundaries where parcels are altered for
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0008| the purpose of increasing or reducing the size of contiguous
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0009| parcels and where the number of parcels is not increased;
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0010| (8) the division of land to create burial
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0011| plots in a cemetery;
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0012| (9) the division of land to create a parcel
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0013| that is sold or donated as a gift to an immediate family
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0014| member; however, this exception shall be limited to allow the
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0015| seller or donor to sell or give no more than one parcel per
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0016| tract of land per immediate family member;
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0017| (10) the division of land created to provide
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0018| security for mortgages, liens or deeds of trust; provided that
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0019| the division of land is not the result of a seller-financed
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0020| transaction;
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0021| (11) the [sale, lease or other conveyance]
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0022| division of land that creates no parcel smaller than one
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0023| hundred forty acres;
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0024| (12) the division of land to create a parcel
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0025| that is donated to any trust or nonprofit corporation granted
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0001| an exemption from federal income tax, as described in Section
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0002| 501 (c)(3) of the United States Internal Revenue Code of 1986,
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0003| as amended; school, college or other institution with a defined
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0004| curriculum and a student body and faculty that conducts classes
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0005| on a regular basis; or [to any] church or group organized for
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0006| the purpose of divine worship, religious teaching or other
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0007| specifically religious activity; [or]
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0008| (13) the [sale, lease or other conveyance]
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0009| division of a single parcel from a tract of land [except
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from a tract within a previously approved subdivision] within
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0011| any five-year period; [provided that a second or subsequent
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sale, lease or other conveyance from the same tract of land
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within five years of the first sale, lease or other conveyance
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shall be subject to the provisions of the New Mexico
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Subdivision Act;] provided [further] that a survey shall be
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0016| filed with the county clerk indicating the five-year holding
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0017| period for further divisions for both the original tract and
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0018| the newly created tract;
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0019| (14) the division of a parcel from a tract of
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0020| land for purposes other than for residential development or
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0021| occupancy; or
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0022| (15) the division of land to create a parcel
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0023| to be used for facilities to gather, process or transport gas,
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0024| oil, minerals or water, or to distribute public utilities.
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0025| [K.] L. "terrain management" means the control
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0001| of floods, drainage and erosion and measures required for
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0002| adapting proposed development to existing soil characteristics
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0003| and topography;
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0004| [L.] M. "time of purchase, lease or other
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0005| conveyance" means the time of signing any document obligating
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0006| the person signing the document to purchase, lease or otherwise
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0007| acquire a legal interest in land;
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0008| [M.] N. "common promotional plan" means any
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0009| plan or scheme of operation, undertaken by a single subdivider
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0010| or a group of subdividers acting in concert, to offer for sale
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0011| or lease parcels of land where such land is either contiguous
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0012| or [part of the same area of land or is known] designated or
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0013| advertised as a common unit or by a common name;
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0014| [N.] O. "type-one subdivision" means any
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0015| subdivision containing five hundred or more parcels, any one of
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0016| which is less than ten acres in size;
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0017| [O.] P. "type-two subdivision" means any
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0018| subdivision containing not fewer than twenty-five but not more
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0019| than four hundred ninety-nine parcels, any one of which is less
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0020| than ten acres in size;
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0021| [P.] Q. "type-three subdivision" means any
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0022| subdivision containing not more than twenty-four parcels, any
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0023| one of which is less than ten acres in size;
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0024| [Q.] R. "type-four subdivision" means any
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0025| subdivision containing twenty-five or more parcels, each of
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0001| which is ten acres or more in size; and
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0002| [R.] S. "type-five subdivision" means any
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0003| subdivision containing not more than twenty-four parcels, each
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0004| of which is ten acres or more in size."
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0005| Section 2. Section 47-6-8 NMSA 1978 (being Laws 1973,
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0006| Chapter 348, Section 8, as amended) is amended to read:
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0007| "47-6-8. REQUIREMENTS PRIOR TO SALE, LEASE OR OTHER
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0008| CONVEYANCE.--It is unlawful to sell, lease or otherwise convey
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0009| land within a subdivision before the following conditions have
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0010| been met:
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0011| A. the final plat has been approved by the board of
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0012| county commissioners and has been filed with the clerk of the
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0013| county in which the subdivision is located. Where a
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0014| subdivision lies within more than one county, the final plat
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0015| shall be approved by the board of county commissioners of each
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0016| county in which the subdivision is located and shall be filed
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0017| with the county clerk of each county in which the subdivision
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0018| is located; and
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0019| [B. the subdivider has furnished the board of
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county commissioners a sample copy of his sales contracts,
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leases and any other documents that will be used to convey an
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interest in the subdivided land; and
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C.] B. all corners of all parcels and blocks
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0024| within a subdivision have been permanently marked with metal
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0025| stakes in the ground [and a reference stake placed beside one
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corner of each parcel]."
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0002| Section 3. Section 47-6-9 NMSA 1978 (being Laws 1973,
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0003| Chapter 348, Section 9, as amended) is amended to read:
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0004| "47-6-9. SUBDIVISION REGULATION--COUNTY AUTHORITY.--
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0005| A. The board of county commissioners of each county
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0006| shall regulate subdivisions within the county's boundaries. In
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0007| regulating subdivisions, the board of county commissioners of
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0008| each county shall adopt regulations setting forth the county's
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0009| requirements for:
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0010| (1) preliminary and final subdivision plats,
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0011| including their content and format;
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0012| (2) [quantifying the maximum annual] water
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0013| requirements [of] for subdivisions; [including water for
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indoor and outdoor domestic uses;
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(3) assessing water availability to meet the
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maximum annual water requirements of subdivisions;
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(4) water conservation measures;
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(5) water of an acceptable quality for human
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consumption and for protecting the water supply from
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contamination;
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(6)] (3) liquid waste disposal;
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0022| [(7)] (4) solid waste disposal;
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0023| [(8)] (5) legal access to each parcel;
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0024| [(9) sufficient and] (6) adequate roads
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0025| to each parcel, including ingress and egress for emergency
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0001| vehicles;
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0002| [(10)] (7) utility easements to each
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0003| parcel;
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0004| [(11)] (8) terrain management;
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0005| [(12)] (9) phased development;
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0006| [(13)] (10) protecting registered
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0007| cultural properties, registered archaeological sites and
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0008| unmarked burials, as required by the Cultural Properties Act;
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0009| [(14)] (11) specific information to be
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0010| contained in a subdivider's disclosure statement in addition to
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0011| that required in Section 47-6-17 NMSA 1978;
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0012| [(15)] (12) reasonable fees approximating
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0013| the cost to the county of determining compliance with the New
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0014| Mexico Subdivision Act and county subdivision regulations while
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0015| passing upon subdivision plats;
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0016| [(16)] (13) a summary procedure for
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0017| reviewing certain type-three and all type-five subdivisions as
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0018| provided in Section 47-6-11 NMSA 1978;
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0019| [(17)] (14) recording all conveyances of
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0020| parcels with the county clerk;
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0021| [(18)] (15) financial security to assure
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0022| the completion of all improvements that the subdivider proposes
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0023| to build or to maintain;
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0024| [(19)] (16) fencing subdivided land, where
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0025| appropriate, in conformity with Section 77-16-1 NMSA 1978,
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0001| which places the duty on the purchaser, lessee or other person
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0002| acquiring an interest in the subdivided land to fence out
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0003| livestock and
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0004| (20) any other matter relating to subdivisions
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0005| that the board of county commissioners feels is necessary to
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0006| promote health, safety or the general welfare, as specified in
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0007| that county's subdivision regulations.
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0008| B. Subsection A of this section does not preempt
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0009| the authority of any state agency to regulate or perform any
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0010| activity that it is required or authorized by law to perform.
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0011| [C. The following counties shall adopt regulations
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pursuant to this section on or before July 1, 1996:
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Bernalillo, Dona Ana and Santa Fe.
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D. All remaining counties shall adopt regulations
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pursuant to this section on or before July 1, 1997.
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E.] C. Nothing in the New Mexico Subdivision Act
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0017| shall be construed to limit the authority of counties to adopt
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0018| subdivision regulations with requirements that are more
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0019| stringent than the requirements set forth in the New Mexico
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0020| Subdivision Act, provided the county has adopted a
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0021| comprehensive plan in accordance with Section 3-21-5 NMSA 1978
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0022| and those subdivision regulations are consistent with
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0023| [such] that plan."
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0024| Section 4. Section 47-6-11 NMSA 1978 (being Laws 1973,
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0025| Chapter 348, Section 11, as amended) is amended to read:
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0001| "47-6-11. PRELIMINARY PLAT APPROVAL--SUMMARY REVIEW.--
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0002| A. Preliminary plats shall be submitted for
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0003| type-one, type-two, type-three, except type-three subdivisions
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0004| that are subject to review under summary procedure as set forth
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0005| in Subsection I of this section, and type-four subdivisions.
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0006| B. Prior to approving the preliminary plat, the
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0007| board of county commissioners of the county in which the
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0008| subdivision is located shall require that the subdivider
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0009| furnish documentation [of:
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(1) water sufficient in quantity to fulfill
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the maximum annual water requirements of the subdivision,
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including water for indoor and outdoor domestic uses;
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(2) water of an acceptable quality for human
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consumption and measures to protect the water supply from
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contamination;
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(3) the means of liquid waste disposal for the
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subdivision;
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(4) the means of solid waste disposal for the
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subdivision;
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(5) satisfactory roads to each parcel,
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including ingress and egress for emergency vehicles, and
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utility easements to each parcel;
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(6) terrain management to protect against
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flooding, inadequate drainage and erosion; and
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(7) protections for cultural properties,
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archaeological sites and unmarked burials that may be impacted
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directly by the subdivision, as required by the Cultural
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Properties Act] showing compliance with county subdivision
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0004| regulations provided for in Section 47-6-9 NMSA 1978.
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0005| C. In addition to the requirements of Subsection B
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0006| of this section, prior to approving the preliminary plat, the
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0007| board of county commissioners of the county in which the
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0008| subdivision is located shall:
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0009| (1) determine whether the subdivider can
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0010| fulfill the proposals contained in his disclosure statement
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0011| required by Section 47-6-17 NMSA 1978; and
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0012| (2) determine whether the subdivision will
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0013| conform with the New Mexico Subdivision Act and the county's
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0014| subdivision regulations.
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0015| D. The board of county commissioners shall not
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0016| approve the preliminary plat if the subdivider cannot
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0017| reasonably demonstrate that he can fulfill the requirements of
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0018| Subsections B and C of this section.
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0019| E. Any subdivider submitting a preliminary plat for
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0020| approval shall submit sufficient information to the board of
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0021| county commissioners to permit the board to determine whether
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0022| the subdivider can fulfill the requirements of Subsections B
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0023| and C of this section.
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0024| F. In determining whether a subdivider can fulfill
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0025| the requirements of Subsections B and C of this section, the
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0001| board of county commissioners shall, within ten days after the
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0002| preliminary plat is deemed complete, request opinions from:
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0003| (1) the state engineer as to [determine
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(a)] whether the subdivider can
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0005| [furnish water sufficient in quantity to fulfill the maximum
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annual] fulfill water requirements [of the] as provided
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0007| in that county's subdivision [including water for indoor and
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outdoor domestic uses; and
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(b) whether the subdivider can fulfill
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the proposals in his disclosure statement concerning water,
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excepting water quality] regulations;
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0012| (2) the department of environment as to
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0013| [determine]:
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0014| (a) whether the subdivider can [furnish
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water of an acceptable quality for human consumption and
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measures to protect the water supply from contamination]
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0017| fulfill water requirements in conformity with state
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0018| regulations promulgated pursuant to the Environmental
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0019| Improvement Act;
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0020| (b) whether there are sufficient liquid
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0021| and solid waste disposal facilities to fulfill the requirements
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0022| of the county subdivision regulations in conformity with
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0023| state regulations promulgated pursuant to the Environmental
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0024| Improvement Act, the Water Quality Act and the Solid Waste Act;
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0025| and
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0001| (c) whether the subdivider can fulfill
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0002| the proposals contained in his disclosure statement concerning
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0003| water quality and concerning liquid and solid waste disposal
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0004| facilities;
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0005| (3) the state highway and transportation
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0006| department as to [determine] whether the subdivider can
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0007| fulfill the state highway access requirements for the
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0008| subdivision in conformity with state regulations promulgated
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0009| pursuant to Section 67-3-16 NMSA 1978;
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0010| (4) the soil and water conservation district
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0011| as to [determine]:
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0012| (a) whether the subdivider [can
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furnish] has provided for terrain management sufficient to
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0014| protect against flooding, inadequate drainage and erosion;
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0015| and
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0016| (b) whether the subdivider can fulfill
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0017| the proposals contained in his disclosure statement concerning
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0018| terrain management; and
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0019| (5) such other public agencies as the county
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0020| by regulation, deems necessary, [such as local school
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districts and fire districts] to determine whether there are
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0022| adequate facilities to accommodate the proposed subdivision.
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0023| G. If, in the opinion of each appropriate public
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0024| agency, a subdivider can fulfill the requirements of Subsection
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0025| F of this section, [then] the board of county commissioners
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0001| shall weigh these opinions in determining whether to approve
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0002| the preliminary plat at a public hearing to be held in
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0003| accordance with Section 47-6-14 NMSA 1978.
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0004| H. If, in the opinion of the appropriate public
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0005| agency, a subdivider cannot fulfill the requirements of
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0006| Subsection F of this section or if the appropriate public
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0007| agency does not have sufficient information upon which to base
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0008| an opinion on any one of these subjects, the subdivider shall
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0009| be notified of this fact by the board of county commissioners,
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0010| and the procedure set out below shall be followed:
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0011| (1) if the appropriate public agency has
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0012| rendered an adverse opinion, the board of county commissioners
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0013| shall give the subdivider a copy of the opinion;
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0014| (2) the subdivider shall be given thirty days
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0015| from the date of notification to submit additional information
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0016| to the public agency through the board of county commissioners;
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0017| and
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0018| (3) the public agency shall have thirty days
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0019| from the date the subdivider submits additional information to
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0020| change its opinion, or issue a favorable opinion when it has
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0021| withheld one because of insufficient information. No more than
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0022| thirty days following the date of the expiration of the
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0023| thirty-day period, during which the public agency reviews any
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0024| additional information submitted by the subdivider, the board
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0025| of county commissioners shall hold a public hearing in
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0001| accordance with Section 47-6-14 NMSA 1978 to determine whether
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0002| to approve the preliminary plat. Where the public agency has
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0003| rendered an adverse opinion, the subdivider has the burden of
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0004| showing that the adverse opinion is incorrect either as to
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0005| factual or legal matters.
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0006| I. If a type-three subdivision contains five or
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0007| fewer parcels of land, and unless the land within the
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0008| subdivision has been previously identified in the county's
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0009| comprehensive plan, as amended or supplemented, or zoning
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0010| ordinances as an area subject to unique circumstances or
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0011| conditions that require additional review:
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0012| (1) if the smallest parcel is not less than
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0013| three acres in size, the board of county commissioners shall
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0014| use the same summary procedure for reviewing the subdivision as
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0015| the board uses for reviewing type-five subdivisions; or
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0016| (2) if the smallest parcel is less than three
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0017| acres in size, the board of county commissioners may use the
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0018| same summary procedure for reviewing the subdivision as the
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0019| board uses for reviewing type-five subdivisions.
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0020| J. Prior to approving the final plat of a type-five
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0021| subdivision, the board of county commissioners of the county in
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0022| which the subdivision is located shall:
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0023| (1) determine whether the subdivider can
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0024| fulfill the proposals contained in his disclosure statement
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0025| required by Section 47-6-17 NMSA 1978; and
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0001| (2) determine whether the subdivision conforms
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0002| with the New Mexico Subdivision Act and the county's
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0003| subdivision regulations.
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0004| K. The board of county commissioners shall not
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0005| approve the final plat of any type-five subdivision if the
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0006| subdivider cannot reasonably demonstrate that he can fulfill
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0007| the requirements of Subsection J of this section.
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0008| L. Any subdivider submitting a plat of a type-five
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0009| subdivision shall submit sufficient information to the board of
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0010| county commissioners to permit the board to determine whether
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0011| the subdivider can fulfill the requirements of Subsection J of
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0012| this section.
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0013| M. The board of county commissioners shall by
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0014| regulation establish a procedure for summary review for certain
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0015| type-three subdivisions, as provided in Subsection I of this
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0016| section, and all type-five subdivisions. If the board of
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0017| county commissioners fails to adopt criteria for summary
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0018| review, the board of county commissioners shall approve the
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0019| plat if it complies with Sections 47-6-3 and 47-6-4 NMSA 1978
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0020| within the time limitation set forth in Section 47-6-22 NMSA
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0021| 1978. The board of county commissioners may delegate to any
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0022| county administrative officer or planning commission member the
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0023| authority to approve any subdivision under summary review.
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0024| Approval by summary review is conclusive evidence of the
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0025| approval of the board of county commissioners."
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0001| Section 5. Section 47-6-11.2 NMSA 1978 (being Laws 1995,
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0002| Chapter 212, Section 13) is amended to read:
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0003| "47-6-11.2. WATER PERMIT REQUIRED FOR FINAL PLAT
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0004| APPROVAL. [A. Until July 1, 1997, before approving the final
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plat for a subdivision containing twenty or more parcels, any
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one of which is two acres or less in size, the board of county
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commissioners shall require that the subdivider provide a copy
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of a permit obtained from the state engineer, issued pursuant
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to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if the
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subdivision is located within a declared underground water
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basin, provide a copy of a permit obtained from the state
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engineer issued pursuant to those sections or to Section
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72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In
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acting on the permit application, the state engineer shall
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determine whether the amount of water permitted is sufficient
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in quantity to fulfill the maximum annual water requirements of
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the subdivision, including water for indoor and outdoor
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domestic uses. The board of county commissioners shall not
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approve the final plat unless the state engineer has so issued
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a permit for the subdivision water use.
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B. On or after July 1, 1997] Before approving the
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0022| final plat for a subdivision containing twenty or more parcels,
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0023| any one of which is two acres or less in size, the board of
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0024| county commissioners may require that the subdivider provide a
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0025| copy of a permit obtained from the state engineer, issued
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0001| pursuant to Section 72-5-1, 72-5-23 or 72-5-24 NMSA 1978, or if
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0002| the subdivision is located within a declared underground water
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0003| basin, provide a copy of a permit obtained from the state
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0004| engineer issued pursuant to those sections or to Section
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0005| 72-12-3 or 72-12-7 NMSA 1978 for the subdivision water use. In
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0006| acting on the permit application, the state engineer shall
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0007| determine whether the amount of water permitted is sufficient
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0008| [in quantity] to fulfill the [maximum annual] county's
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0009| water requirements. [of the subdivision, including water for
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indoor and outdoor domestic uses. The board of county
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commissioners may elect not to approve the final plat if the
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state engineer has not issued a permit for the subdivision
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water use] The state engineer shall have thirty days to act
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0014| upon the water permit. If after thirty days the state engineer
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0015| has not acted upon the water permit, the board of county
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0016| commissioners may approve the final plat."
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0017| Section 6. Section 47-6-14 NMSA 1978 (being Laws 1973,
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0018| Chapter 348, Section 14, as amended) is amended to read:
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0019| "47-6-14. PUBLIC HEARINGS ON PRELIMINARY PLATS.--The
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0020| board of county commissioners shall adhere to the following
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0021| requirements concerning public hearings on preliminary plats.
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0022| A. Notice of the hearing shall be given at least
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0023| twenty-one days prior to the hearing date and shall state:
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0024| (1) the subject of the hearing;
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0025| (2) the time and place of the hearing;
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0001| (3) the manner for interested persons to
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0002| present their views; and
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0003| (4) the place and manner for interested
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0004| persons to secure copies of any favorable or adverse opinion
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0005| and of the subdivider's proposal. The board of county
|
0006| commissioners may impose a reasonable charge upon the person
|
0007| making the request for the costs of reproducing and mailing
|
0008| the opinions and proposals.
|
0009| B. The notice shall be published in a newspaper of
|
0010| general circulation in the county.
|
0011| C. Reasonable effort shall be made to give notice
|
0012| to all persons who have made a written request to the board of
|
0013| county commissioners for advance notice of its hearings.
|
0014| Notice shall also be given to any public agency that issued an
|
0015| opinion or withheld an opinion on the basis of insufficient
|
0016| information.
|
0017| D. Public hearings on preliminary plats shall be
|
0018| held within thirty days from the receipt of all requested
|
0019| public agency opinions where all such opinions are favorable or
|
0020| within thirty days from the date all public agencies complete
|
0021| their review of any additional information submitted by the
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0022| subdivider pursuant to Section 47-6-11 NMSA 1978. If the board
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0023| of county commissioners does not receive a requested opinion
|
0024| within the thirty-day period, the board shall proceed.
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0025| E. At the hearing, the board of county
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0001| commissioners shall allow all interested persons a reasonable
|
0002| opportunity to submit data, views or arguments, orally or in
|
0003| writing, and to examine witnesses testifying at the hearing.
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0004| F. The board of county commissioners shall approve,
|
0005| approve with conditions or disapprove the preliminary plat
|
0006| within thirty days of the public hearing at a public meeting of
|
0007| the board of county commissioners."
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0008| Section 7. Section 47-6-17 NMSA 1978 (being Laws 1973,
|
0009| Chapter 348, Section 17, as amended) is amended to read:
|
0010| "47-6-17. DISCLOSURE.--
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0011| A. Prior to selling, leasing or otherwise conveying
|
0012| any land in a subdivision, the subdivider shall disclose in
|
0013| writing such information as the board of county commissioners
|
0014| requires, by regulation, to permit the prospective purchaser,
|
0015| lessee or other person acquiring an interest in subdivided land
|
0016| to make an informed decision about the purchase, lease or other
|
0017| conveyance of the land.
|
0018| B. The disclosure statement for subdivisions with
|
0019| not fewer than five and not more than one hundred parcels shall
|
0020| contain at least the following information:
|
0021| (1) the name of the subdivision;
|
0022| (2) the name and address of the subdivider
|
0023| and the name and address of the person in charge of sales or
|
0024| leasing in New Mexico;
|
0025| (3) the total acreage of the subdivision,
|
0001| both present and anticipated;
|
0002| (4) the size of the largest and smallest
|
0003| parcels offered for sale, lease or other conveyance within the
|
0004| subdivision and the proposed range of selling or leasing
|
0005| prices, including financing terms;
|
0006| (5) the distance from the nearest town to the
|
0007| subdivision and the route over which this distance is computed;
|
0008| (6) the name and address of the person who is
|
0009| recorded as having legal and equitable title to the land
|
0010| offered for sale, lease or other conveyance;
|
0011| (7) a statement of the condition of title,
|
0012| including any encumbrances;
|
0013| (8) a statement of all restrictions or
|
0014| reservations of record that subject the subdivided land to any
|
0015| conditions affecting its use or occupancy;
|
0016| (9) the name and address of the escrow agent,
|
0017| if any;
|
0018| (10) a statement as to availability and cost
|
0019| of public utilities;
|
0020| (11) a statement describing [the maximum
|
annual] water requirements [of] for the subdivision,
|
0022| [including water for indoor and outdoor domestic uses, and
|
describing the availability of water to meet the maximum annual
|
water requirements] pursuant to county regulations and a
|
0025| statement describing the availability of water to meet those
|
0001| county regulations;
|
0002| (12) a statement describing the quality of
|
0003| water, if any, in the subdivision available for human
|
0004| consumption;
|
0005| (13) a description of the means of liquid
|
0006| waste disposal for the subdivision;
|
0007| (14) a description of the means of solid waste
|
0008| disposal for the subdivision;
|
0009| (15) a description of the means of water,
|
0010| delivery, if any, within the subdivision;
|
0011| (16) the estimated average depth to water
|
0012| within the subdivision if water is available only from
|
0013| subterranean sources;
|
0014| (17) a description of access to the
|
0015| subdivision;
|
0016| (18) a statement disclosing whether the roads
|
0017| and other improvements within the subdivision will be
|
0018| maintained by the county, the subdivider or an association of
|
0019| lot owners and what measures have been taken to ensure that
|
0020| maintenance will take place;
|
0021| (19) a description of the subdivider's
|
0022| provisions for terrain management;
|
0023| (20) a summary [approved by the issuing state
|
agency] of the opinions, if any, [whether favorable or
|
adverse] provided by state agencies to the board of county
|
0001| commissioners concerning any one of the points listed above;
|
0002| (21) a statement that the subdivider shall
|
0003| record the deed, real estate contract, lease or other
|
0004| instrument conveying an interest in subdivided land with the
|
0005| appropriate county clerk within thirty days of the signing of
|
0006| such instrument by the purchaser, lessee or other person
|
0007| acquiring an interest in the land; and
|
0008| (22) a statement advising the purchaser,
|
0009| lessee or other person acquiring an interest in subdivided land
|
0010| that building permits, wastewater permits or other use permits
|
0011| are required to be issued by state or county officials before
|
0012| improvements are constructed and that [further] he is advised
|
0013| to investigate the availability of such permits before
|
0014| purchase, lease or other conveyance and whether these are
|
0015| requirements for construction of additional improvements before
|
0016| he may occupy the property and
|
0017| (23) such other information as the board of
|
0018| county commissioners may require, as specified in that
|
0019| county's subdivision regulations.
|
0020| C. The disclosure statement for subdivisions with
|
0021| one hundred or more parcels shall contain all of the
|
0022| information required in Subsection B of this section as well as
|
0023| the following information:
|
0024| (1) a statement of any activities or
|
0025| conditions adjacent to or nearby the subdivision that would
|
0001| subject the subdivided land to any unusual conditions affecting
|
0002| its use or occupancy;
|
0003| (2) a description of all recreational
|
0004| facilities, actual and proposed, in the subdivision;
|
0005| (3) a statement as to the availability of:
|
0006| (a) fire protection;
|
0007| (b) police protection;
|
0008| (c) public schools for the inhabitants
|
0009| of the subdivision, including a statement concerning the
|
0010| proximity of the nearest elementary and secondary schools;
|
0011| (d) hospital facilities;
|
0012| (e) shopping facilities; and
|
0013| (f) public transportation; and
|
0014| (4) a statement setting forth the projected
|
0015| dates upon which any of the items mentioned in this section for
|
0016| which the subdivider has responsibility will be completed if
|
0017| they are not yet completed.
|
0018| D. Disclosure statements shall be in the form that
|
0019| the board of county commissioners, after consultation with the
|
0020| attorney general, may require by regulation. The board of
|
0021| county commissioners may require by regulation that disclosure
|
0022| statements be printed in both English and Spanish. The form of
|
0023| disclosure statements, insofar as possible, shall be uniform
|
0024| for all counties.
|
0025| E. Any subdivider who has satisfied the disclosure
|
0001| requirement of the federal Interstate Land Sales Full
|
0002| Disclosure Act may submit his approved statement of record in
|
0003| lieu of the disclosure statement required by the New Mexico
|
0004| Subdivision Act. However, any information required in the New
|
0005| Mexico Subdivision Act and not covered in the subdivider's
|
0006| statement of record shall be attached to the statement of
|
0007| record.
|
0008| F. It is unlawful to sell, lease or otherwise
|
0009| convey land in a subdivision until:
|
0010| (1) the required disclosure statement has been
|
0011| filed with the county clerk, the board of county commissioners
|
0012| and the attorney general's office; and
|
0013| (2) the prospective purchaser, lessee or other
|
0014| person acquiring an interest in the subdivided land has been
|
0015| given a copy of the disclosure statement."
|
0016| Section 8. Section 47-6-19 NMSA 1978 (being Laws 1973,
|
0017| Chapter 348, Section 19, as amended) is amended to read:
|
0018| "47-6-19. ROAD DEVELOPMENT.--
|
0019| A. Roads within a subdivision shall be constructed
|
0020| only on a schedule approved by the board of county
|
0021| commissioners. In approving or disapproving a subdivider's
|
0022| road construction schedule, the board of county commissioners
|
0023| shall consider:
|
0024| (1) the proposed use of the subdivision;
|
0025| (2) the period of time before the roads will
|
0001| receive substantial use;
|
0002| (3) the period of time before construction of
|
0003| homes will commence on the portion of the subdivision serviced
|
0004| by the road;
|
0005| (4) the county regulations governing phased
|
0006| development; and
|
0007| (5) the needs of prospective purchasers,
|
0008| lessees and other persons acquiring an interest in subdivided
|
0009| land in viewing the land within the subdivision.
|
0010| B. All proposed roads shall conform to minimum
|
0011| county safety standards.
|
0012| C. The board of county commissioners shall not
|
0013| approve the grading or construction of roads unless [and
|
until] the subdivider can reasonably demonstrate that the
|
0015| roads to be constructed will receive use and that the roads are
|
0016| required to provide access to parcels or improvements within
|
0017| twenty-four months from the date of construction of the road.
|
0018| [D. 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.]
|
0022| D. If a subdivider proposes the construction of a
|
0023| county road to provide access to a subdivision, the
|
0024| construction of that road shall not begin unless it conforms to
|
0025| county subdivision regulations."
|
0001| Section 9. Section 47-6-20 NMSA 1978 (being Laws 1973,
|
0002| Chapter 348, Section 20, as amended) is amended to read:
|
0003| "47-6-20. PUBLIC AGENCIES REQUIRED TO PROVIDE COUNTIES
|
0004| WITH INFORMATION.--
|
0005| A. Any public agency receiving a request from the
|
0006| board of county commissioners for an opinion pursuant to
|
0007| Section 47-6-11 NMSA 1978 shall furnish the board with the
|
0008| requested opinion within [the time period set forth in
|
Subsection A of Section 47-6-22 NMSA 1978] thirty days of the
|
0010| receipt of the county's request. The board of county
|
0011| commissioners shall furnish the appropriate public agency with
|
0012| all relevant information that the board has received from the
|
0013| subdivider on the subject for which the board is seeking an
|
0014| opinion. If the public agency does not have sufficient
|
0015| information upon which to base an opinion, the public agency
|
0016| shall notify the board of this fact within fifteen days of
|
0017| receipt of the request for an opinion by the county.
|
0018| B. All opinion requests mailed by the board of
|
0019| county commissioners shall be by certified mail "return receipt
|
0020| requested". Boards of county commissioners delivering opinion
|
0021| requests shall obtain receipts showing the day the opinion
|
0022| request was received by the particular public agency."
|
0023| Section 10. Section 47-6-22 NMSA 1978 (being Laws 1973,
|
0024| Chapter 348, Section 22, as amended) is amended to read:
|
0025| "47-6-22. TIME LIMIT ON ADMINISTRATIVE ACTION.--
|
0001| A. All opinions required of public agencies shall
|
0002| be furnished to the board of county commissioners within thirty
|
0003| days after the public agencies receive the written request and
|
0004| accompanying information from the board of county
|
0005| commissioners. If the board of county commissioners does not
|
0006| receive a requested opinion within the thirty-day period, the
|
0007| board shall proceed in accordance with its own best judgment
|
0008| concerning the subject of the opinion request. The failure of
|
0009| a public agency to provide an opinion when requested by the
|
0010| board of county commissioners does not indicate that the
|
0011| subdivider's provisions concerning the subject of the opinion
|
0012| request were acceptable or unacceptable or adequate or
|
0013| inadequate.
|
0014| B. Final plats submitted to the board of county
|
0015| commissioners for approval shall be approved or disapproved at
|
0016| a public meeting of the board of county commissioners within
|
0017| thirty days [of the date the final plat is deemed complete]
|
0018| from submission of the plat.
|
0019| C. If the board of county commissioners does not
|
0020| act upon a final plat within the required period of time, the
|
0021| subdivider shall give the board of county commissioners written
|
0022| notice of its failure to act. If the board of county
|
0023| commissioners fails to approve or reject the final plat within
|
0024| thirty days, the board of county commissioners shall, upon
|
0025| demand by the subdivider, issue a certificate stating that the
|
0001| final plat has been approved."
|
0002| Section 11. Section 47-6-23 NMSA 1978 (being Laws 1973,
|
0003| Chapter 348, Section 23, as amended) is amended to read:
|
0004| "47-6-23. RIGHT OF INSPECTION--RESCISSION.--If the
|
0005| purchaser, lessee or other person acquiring an interest in the
|
0006| subdivided land has not inspected his parcel prior to the time
|
0007| of purchase, lease or other conveyance, the purchase, lease or
|
0008| other conveyancing agreement shall contain a provision giving
|
0009| the purchaser, lessee or other person acquiring an interest in
|
0010| the subdivided land [six months] thirty days within which
|
0011| to personally inspect his parcel. After making the personal
|
0012| inspection within the [six-month] thirty-day period, the
|
0013| purchaser, lessee or other person acquiring an interest in the
|
0014| subdivided land has the right to rescind the purchase, lease or
|
0015| other conveyancing agreement and receive a refund of all funds
|
0016| paid on the transaction to the seller, lessor or other conveyor
|
0017| of subdivided land when merchantable title is revested in the
|
0018| seller, lessor or other conveyor of subdivided land. Notice of
|
0019| such rescission to the seller, lessor or other conveyor of
|
0020| subdivided land shall be made in writing and shall be given
|
0021| within three days of the date of personal inspection."
|
0022|
|