For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMON PROMOTIONAL PLAN. Any plan or scheme of operation, undertaken by a single subdivider or a group of subdividers acting in concert, to offer for sale or lease parcels of land where the land is either contiguous to or part of the same area of land or is known, designated or advertised as a common unit or by a common name.
COMPATIBILITY. Harmony with the predominant existing land within a 1/2-mile radius of the subdivision site.
COUNTY. Valencia County.
CONTIGUOUS. Adjoining; touching at a point or along a boundary; bounded or traversed by; or, adjacent parcels sharing a boundary line or separated only by a road, right-of-way or easement.
DISCLOSURE STATEMENTS. The statement required to be given to persons acquiring an interest in subdivided land; this statement complies with the requirement of NMSA § 47-6-17.
FINAL PLAT. A map, chart, survey, plat, or replat, certified by a licensed registered land surveyor, which contains a description of the subdivided land with ties to permanent monuments, prepared in a form suitable for filing record.
HARMONY. A quality that represents an appropriate and congruent arrangement of parts as in an arrangement of varied architectural and landscape elements.
IMMEDIATE FAMILY MEMBER. A husband, wife, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, step-grandson, granddaughter, step-granddaughter, nephew and niece, whether related by natural birth or adoption.
LEASE. To lease or offer to lease land.
PARCEL. A unit of land capable of being described by location and boundaries and not dedicated for public or common use.
PERSON. Any individual, estate, trust, receiver, cooperative association, club, corporation, company, film, partnership, joint venture, syndicate or other entity.
PRELIMINARY PLAT. A map of proposed subdivision showing the character and proposed layout of the subdivision and the existing conditions in and around it; the map need not be based upon an accurate and detailed survey of the land.
RESUBDIVISION. Any change to a lot line, right-of-way line, or utility easement, unless the change is the result of a vacation of plats or a variance granted by action of the Board of County Commissioners.
SELL. To sell or offer to sell land.
SUBDIVIDER. Any person or agent of a person who creates or who created a subdivision, individually or as part of a common promotional plan, or any person engaged in the sale, lease or other conveyance of subdivided land; however, SUBDIVIDER does not include any duly licensed real estate broker or salesperson acting on another's account.
SUBDIVISION.
(1) A division of a surface area of land, including land within a previously approved subdivision, into 2 or more parcels for the purpose of sale, lease, or other conveyance; or for building development, whether immediate or future. SUBDIVISION shall include any activity, individually or as part of a common promotional plan, by anyone, to improve (with road construction, drainage, grading, utilities, water supply systems, liquid waste disposal systems, structures, buildings or other substantial improvements) and offer for sale to the public 2 or more parcels within an existing subdivision not in compliance with current subdivision standards, which lots are located within a radius of 500 feet.
(2) SUBDIVISION, however, does not include:
(a) Sale, lease, or other conveyance of any parcel that is 35 acres or larger in size within any 12-month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with NMSA § 7-36-20, for the preceding 3 years;
(b) Sale or lease of apartments, offices, stores or similar space with a building division of land within the boundaries of a municipality;
(c) Division of land in which only gas, oil, mineral or water rights are severed from the surface ownership pursuant to NMSA §§ 47-6-1 et seq. and a subdivision is not created;
(d) Division of land created by court order where the order creates no more than 1 parcel per party;
(e) Division of land for grazing or farming activities only; provided the land continues to be used for grazing or farming activities and a subdivision is not created;
(f) Division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased;
(g) Division of land to create burial plots in a cemetery;
(h) Division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this exception shall be limited to allow the seller or donor to sell or give no more than 1 parcel per tract of land per immediate family member provided however, that the division does not violate any other laws of the state or county;
(I) Division of land created to provide security for mortgages, liens, or deeds of trust, provided that the division of a land is not the result of a seller-financed transaction and does not create a subdivision;
(j) Sale, lease or other conveyance of land that creates no parcel smaller than 140 acres;
(k) Division of land to create a parcel that is donated to any trust or nonprofit corporation granted an exemption from federal income tax, as described in I.R.C. § 501 (c)(3), as amended; school, college, or other institution with a defined curriculum and a student body and faculty which conducts classes on a regular basis; or to any church or group organized for the purpose of divine worship, religious teaching or other specifically religious activity; or
(l) Sale, lease, or other conveyance of a single parcel from a tract of land, except from a tract within a previously approved subdivision, within any 5 year period, provided that a second or subsequent sale, lease or other conveyance from the same tract of land within 5 years of the first sale, lease, or other conveyance shall be subject to the provisions of the New Mexico Subdivision Act; provided further that a survey shall be filed with the County Clerk indicating the 5 year period for both the original tract the newly created tract.
TERRAIN MANAGEMENT. The 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. The time of signing any document obligating the person signing the document to purchase, lease or otherwise acquire a legal interest in land.
TYPE 1 SUBDIVISION. Any subdivision containing 500 or more parcels, any 1 of which is less than 10 acres in size.
TYPE 2 SUBDIVISION. Any subdivision containing 25 or more, but not more than 499 parcels, any 1 of which is less than 10 acres in size.
TYPE 3 SUBDIVISION. Any subdivision containing not more than 24 parcels any 1 of which is less than 10 acres in size.
TYPE 4 SUBDIVISION. Any subdivision containing 25 or more parcels, each of which is 10 acres or more in size.
TYPE 5 SUBDIVISION. Any subdivision containing not more than 24 parcels, each of which is 10 acres or more in size.
TYPES OF SUBDIVISIONS.
Type | Number of Parcels | Size of Smallest Parcel |
1 | 500 or more | Less than 10 acres |
2 | 25 - 499 | Less than 10 acres |
3 | 2 - 24 | Less than 10 acres |
4 | 25 or more | 10 acres or more |
5 | 2 - 24 | 10 acres or more |
VACATION. An act of rescinding (canceling) all or part of a recorded subdivision plat, including legal deductions and grants of easements.
(Ord. passed 5-1-2000)