(A) PRE-APPLICATION.
(1) Pre-Application Conference. Prior to submission of a plat the subdivider shall discuss with the Planning Director the procedure and requirements for approval of the plat. The Planning Director shall provide guidance to the subdivider as to the appropriateness of the proposal in relation to the Village Master Plan, other Village land use plans, policies, and zoning. The Planning Director shall advise the subdivider as appropriate regarding requirements for general layout of streets, for dedications of land, for provision of infrastructure improvements, drainage considerations, fire protection, and similar matters, as well as the availability of existing services. The Planning Director may assist the subdivider in analyzing the development and plan for its sound integration with the Village, and may therefore give informal guidance to the subdivider at a state when potential points of difference can be more easily resolved, thus simplifying official actions and saving unnecessary expense and delay to the subdivider.
(2) Classification of Subdivision. The Planning Director shall determine, normally as a part of pre-application review, whether the proposal is a Major or Minor subdivision.
(3) Resubdivision. The submittal of a series of two-lot subdivisions on a tract of land will be considered a subterfuge to defeat the purpose of these regulations. Therefore, the submission of a resubdivision which creates additional lots within an area or a plat which was recorded less than twelve (12) months prior to the submission must be accompanied by an Area Plan. The Area Plan shall detail the subdivider’s long term proposals for all of the land that he controls in the area within and adjacent to the land proposed for resubdivision. The resubdivision\ and Area Plan must be approved simultaneously by the Commission and the Board and the approved Area Plan shall be kept on file with the approved resubdivision plat. All future replatting of subject land shall conform to the area plan. Once approved, the Area Plan may not be amended within twelve (12) months of its approval by the Commission and the Board.
(B) MINOR SUBDIVISIONS. The subdivider shall apply for and secure approval of minor subdivisions, in accordance with the following procedure:
(1) Application. Upon reaching a general understanding established by the pre-application procedure, the subdivider shall submit to the Planning Director a written application together with two (2) copies of a sketch plat containing the following:
(a) Location Map. A location map shall show the relationship of the proposed plat to existing community facilities which serve it; all abutting streets, and north arrow.
(b) Sketch Plat. A simple sketch plat shall show the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plat may be freehand pencil sketch made directly on a print of the survey plat.
(c) Written Information. General plat information shall list the name and address of the subdivider or agent, if any; the total area of the proposed plat; the area of each proposed use; and a description of the existing conditions of the site and the proposed development as necessary to supplement the sketch plat. This information may include data on existing covenants and land characteristics including surface drainage, grading, landfill areas, and available private and municipal utilities. This information may also describe the subdivision proposal, such as the number and typical lot width and depth, business area, public areas, and proposed utilities. A plat proposal which includes any extension of public water and/or sanitary sewer lines shall include a statement of water and sewer availability from the Albuquerque/Bernalillo County Water Utility Authority (ABCWUA).
(2) Sketch Plat Review and Comment. Within thirty (30) working days of submittal of the sketch plat package, the Planning Director shall issue written comments to the subdivider. These comments shall include an analysis of the conformance of the proposal to applicable Village Ordinances and a review of the conditions, if any, which will have to be met in order for the plat to receive final approval. The comments from the Planning Director may include requirements or conditions suggested by the Village Designated Engineer, the Fire Chief or the Village Attorney.
(3) Final Approval. Upon receipt of a written confirmation from the Planning Director that the sketch plat appears to be in substantial conformance with applicable regulations and policies, the subdivider may apply for final approval of the plat. Such application must be made within twelve (12) months of the receipt of such confirmation. The subdivider shall at that time submit a written application along with a mylar and one copy of the final plat and any supplementary material that may be required. The final plat shall meet the standards specified in § 9.1.8 of this Article. The Mayor, after receiving the recommendation of the Planning Director, shall act to approve or disapprove the final plat within thirty-five (35) days of its submission. The Mayor’s decision shall be issued in writing to the subdivider. If the plat is disapproved, the reasons for its disapproval shall be stated in writing and if the plat is approved with conditions, such approval conditions shall be stated in writing.
(4) Appeals. The Commission shall review any administrative action of the Planning Director when it is alleged that there is an error in any determination with regard to a minor subdivision under this Section. Such appeal shall be made in writing within fifteen (15) days of the decision appealed and shall be accompanied by a fee as set forth. At the Commission meeting where the appeal is considered, the Commission may reverse, affirm, or modify the administrative action being appealed. The Commission’s determination may be appealed to the Board. Such appeal shall be made in writing within fifteen (15) days of the decision of the Commission and an appeal must be filed no less than twenty (20) days prior to the Board meeting at which the appeal will be heard. The Board’s determination shall be the final decision within the Village.
(C) MAJOR SUBDIVISIONS. The subdivider shall apply for and secure approval of major subdivisions, in accordance with the following procedure:
(1) Application. Upon reaching a general understanding established by the pre-application procedure, the subdivider shall submit to the Planning Director a written application together with copies as required by the Planning Director of a sketch plat. This plat shall contain all information as specified in this Article plus any additional material which is deemed necessary by the Planning Director.
(2) Sketch Plat Approval. Upon receipt of written confirmation that all required material has been submitted, a hearing before the Commission shall be scheduled. The subdivider may present the conceptual plans for subdivision at that hearing; no action is taken at the Sketch Plat review.
(3) Preliminary Plat Approval. Upon receipt of written confirmation from the Planning Director that the sketch plat, or as heard by the Commission, appears to be in substantial conformance with applicable regulations and policies, the subdivider may apply for a preliminary plat hearing by the Commission. The subdivider shall submit a written application along with copies as required by the Planning Director of the preliminary plat and any supplementary material that may be required. Applications that are not complete by the meeting deadline, or where applicant has not met the regulatory public notice requirements shall not be placed on the meeting agenda for action. The preliminary plat shall meet the standards specified in § 9.1.8 of this Article. Upon recommendation of approval of the preliminary plat by the Commission, the subdivider will be scheduled for a hearing before the Board for approval of the final preliminary plat. Such application must be made within twelve (12) months of the receipt of Commission recommendation to the Board. Final Preliminary Plat Approval shall constitute a recommendation to the Commission and shall not allow the subdivider to file the plat with the County Clerk’s office or to transfer lots within a subdivision.
(4) Once the approval conditions as specified by the Commission or Board are fulfilled, the subdivider may apply to the Commission for Final Plat Approval.
(5) Appeal. If a subdivider disagrees with any of the Final Plat approval findings or conditions of the Commission, he may file an appeal to the Board, pursuant to the procedures specified in § 9.1.7(B)(4) of this Article. At the Board meeting where the appeal is considered, the Board may reverse, affirm, or modify the Commission’s recommendation. The Board may also return the plat to the Commission for reconsideration together with findings and instructions to the Commission. The decision of the Board shall be final.
(6) Alternate Summary Procedure. For lots, tracts or parcels which meet the requirements of this Subsection, the Director may, but is not required to, process the application for subdivision in accordance with the provisions of NMSA 1978, § 3-20-8.
(a) The Alternate Summary Procedure may be used for the following, excepting the Alternative Summary Procedure may not be used for the purpose of creating a subdivision by the same property owner or related to the same tract(s) of property more than once in any twelve (12) month period:
1. subdivisions of not more than two (2) parcels of land;
2. subdivisions, or the combination or re-combination of portions of previously platted lots, that do not increase the total number of lots;
3. the lots or parcels, including MRGCD tracts, are less than one (1) acre in size, are contiguous with each other and the plat is being requested for the purpose of increasing or reducing the size of such contiguous lots, provided that neither remaining lot or parcel is smaller than the minimum standard size required by the Village for the zone in which the subdivision is requested.
(b) In the event the Director determines that the Alternate Summary Procedure is appropriate, the following will be required:
1. the owner(s) of the property being subdivided must consent in writing to the subdivision;
2. the party seeking the subdivision must provide a plat and certificate of survey prepared and certified to the owner(s) and to the Village by a surveyor licensed under the laws of the state of New Mexico. The survey must include the legal description of the new parcel and the legal description of the remaining parcel, if any, and shall refer to permanent monuments and show all adjacent public or private roads or access points.
3. after final approval of the subdivision by the Director (or, as applicable, the Planning and Zoning Commission or Board of Trustees if there is an appeal), the applicant must file a copy of the survey with the Bernalillo County Clerk and the Bernalillo County Assessor.
(c) Except as specifically set out in this Section, Minor Subdivision requirements will be used for processing a subdivision request under the Alternate Summary Procedure. Any aggrieved party will have a right to appeal in accordance with Subparagraph (5) above.
(d) Effect of Survey Filing. Upon the filing of the survey as required under Subsection (b)3 above, the parcels created by the subdivision shall be deemed “lots of record” for purposes of issuance of building permits and shall be deemed to be a legally platted lot(s).