(A) Qualifications. The following types of subdivisions shall be submitted to the county for approval under summary review procedure:
(1) Type Three subdivisions containing 5 or fewer parcels of land, unless the land within the subdivision is located within land that has been identified as an area subject to unique circumstances or conditions that require additional review; and
(2) All Type Five subdivisions.
(B) Application. A subdivider shall prepare a summary review plat and supporting documentation in accordance with this section. 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 the prescribed form obtainable from the County Planning and Zoning Administrator and by submitting a summary review plat.
(C) Plat requirements and other required information. The summary review plat shall be legibly drawn to scale in a manner suitable for reproduction and shall show, contain or be accompanied in writing by the following:
(1) Area map showing the area to be divided;
(2) Plat map showing title, scale, north arrow and date;
(3) Name and address of the person filing the plat;
(4) Legal description of the land division with ties to permanent monuments;
(5) Layout of the proposed parcels with the dimensions and acreage (gross acreage and acreage net of road easements) indicated on each parcel;
(6) Location of all easements, existing or proposed;
(7) Location, dimensions and names of public right-of-way or private roadways providing access to each parcel, extending to a publicly maintained road;
(8) Utilities on and adjacent to the site;
(9) Signed statements that the summary subdivision is with the free consent and in accordance with the desire of the undersigned owner and proprietor of the land or his or her agent, acknowledged in a manner required for acknowledgment of deeds;
(10) Certificate and seal of a registered land surveyor;
(11) For Type 5 subdivisions, information sufficient to demonstrate the subdivider's ability to meet the requirements of NMSA §§ 47-6-11(J) - (L);
(12) County treasurer's verification that all property taxes are paid based on a 10 year tax search;
(13) Copies of all prior plats of the land that is the subject of the application; and
(14) There is a means for surface water conveyance where appropriate.
(D) Delegation of authority to approve. The County Planning and Zoning Administrator, with the written concurrence of the County Manager and a representative of the Planning and Zoning Commission, shall have the authority to approve or disapprove any summary review subdivision submitted under this section. Approval by summary review is conclusive evidence of the approval of the Board of County Commissioners. The Planning and Zoning Commission at a public hearing shall select 1 of its members for a term it deems appropriate its representative to review and approve or disapprove any summary review subdivision submitted under this section.
(E) Access, utilities and fire protection.
(1) All summary review subdivisions shall be provided with adequate vehicular access for utility services, fire protection and emergency services whether by private access, utility easement or public right-of-way. The minimum width of any roadway or easement created for access purposes shall be not less than 40 feet with a 50 foot radius cul-de-sac.
(2) If any existing county or state roads providing ingress and egress to the proposed roadways in a summary review subdivision having 5 or more parcels are paved, all proposed roadways in the summary review subdivision shall be paved pursuant to the road specifications described in §§ 151.155 through 156.162 herein of these regulations and in accordance with an approved schedule for completion.
(F) Compliance with other regulations and ordinances. All summary review subdivisions shall be in accordance with other county regulations and ordinances, including the Valencia County Zoning Chapter, particularly with respect to lot size.
(G) Procedure. The County Planning and Zoning Administrator, the County Manager and the representative from the Planning and Zoning Commission shall act upon the proposed summary review subdivision within 30 days after the date the completed application is received by the county.
(H) Failure to act.
(1) If the parties charged with reviewing and approving a summary review plat do 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 failure to act.
(2) If the Board of County Commissioners fails to approve or reject the summary review plat within 30 days after the notice, the Board of County Commissioners shall, upon demand by the subdivider, issue a certificate that the summary review plat has been approved.
(I) Dedication. The filing of a summary review plat containing dedications or offers of dedications of land for public use shall not create any obligation of the county to accept roads or other publicly dedicated lands for maintenance.
(J) Disclosure statement. For Type 5 subdivisions containing 5 or more parcels, a disclosure statement shall be prepared in accordance with these regulations. No disclosure statement shall be required for Type 3 subdivisions created or Type 5 subdivision created by summary review plat and containing 4 or fewer parcels.
(Ord. passed 5-1-2000; Am. Ord. 2005-06, passed 12-16-2005; Am. Ord. 2006-04, 3-17-2006) Penalty, see § 151.999