44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO SUBDIVISIONS; MODIFYING THE REQUIREMENTS FOR APPROVAL OF FINAL PLATS THROUGH THE SUBDIVISION PROCESS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-20-7 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-19-7) is amended to read:

"3-20-7. SUBDIVISION WITHIN THE PLATTING JURISDICTION OF A MUNICIPALITY--APPROVAL OF THE PLANNING AUTHORITY--PROCEDURE--FILING FEE--NOTICE OF HEARING.--

A. Before a plat of any subdivision within the jurisdiction of a municipality is filed in the office of the county clerk, the plat shall be submitted to the planning authority of the municipality having jurisdiction for approval.

B. The rules and regulations of the planning authority shall state:

(1) the scale and manner in which the plat is to be prepared;

(2) the number of copies of the plat which shall accompany the original plat;

(3) what other information shall accompany the plat; and

(4) the standards and regulations for subdivisions to which the planning authority may require the subdivider to conform.

C. The person submitting the plat shall pay the necessary filing fee to the municipality, and the planning authority, after approval and endorsement, shall file the plat with the county clerk. If the plat is not approved, the planning authority shall return the filing fee and the plat to the person submitting the plat.

D. A plat submitted for approval by the planning authority shall contain the name and address of the person to whom a notice of hearing shall be sent. Notice of the time and place of a hearing on a plat shall be sent by mail to the address on the plat not less than five days before the day of the hearing. No plat shall be acted upon without a public hearing unless the requirement that a public hearing be held is waived by the person seeking approval of the plat.

E. The planning authority of a municipality shall approve or disapprove a plat within thirty-five days of the day of final submission of the plat. If the planning authority does not act within thirty-five days, the plat is deemed to be approved, and upon demand, the planning authority shall issue a certificate approving the plat. The person seeking approval of the plat may waive this requirement and agree to an extension of this time period. The reason for disapproval of a plat shall be entered upon the recordings of the planning authority.

F. No plat of territory within the planning and platting jurisdiction of a municipality shall be filed and recorded unless it has been approved by [(1) the planning commission and endorsed by the chairman and secretary of the planning commission; or

(2) the governing body and endorsed by the mayor and clerk of the municipality if the governing body has reserved this power in creating the planning commission or if there is no planning commission] the municipality pursuant to regulations and procedures adopted by ordinance of the governing body."