A proposed disclosure statement consistent with NMSA 1978, section 47-6-17;
All documentation required by NMSA 1978, section 47-6-11 and by the SLDC for the purpose of demonstrating:

1. water sufficient in quantity to fulfill the maximum annual water requirements of the subdivision including water for indoor and outdoor domestic use;
2. water of an acceptable quality for human consumption and measures to protect the water supply from contamination;
3. satisfactory means of liquid waste disposal;
4. satisfactory means of solid waste disposal;
5. satisfactory roads to each parcel, including ingress and egress for emergency vehicles and utility easements to each parcel;
6. satisfactory terrain management to protect against flooding, inadequate drainage and erosion; and
7. satisfactory protection for cultural properties, archaeological sites and unmarked burials that may be impacted directly by the subdivision, as required by the Cultural Properties Act.
 

For Subdivisions connecting to the County Utility, a public utility or publicly-regulated water or wastewater system, a ready willing and able letter of commitment to serve for domestic and fire protection purposes and a water allocation approval from the utility shall be provided prior to preliminary plat approval by the Board. If the County utility will provide water, the water allocation must be in the form of a resolution by the Board.
 

See § 5.7.4 Endorsements.

Review by Certain Agencies and Tribal Governments.

Reviewing Entities.
In determining whether an applicant can fulfill the requirements of the SLDC and whether the required findings can be made, the Administrator shall, within ten (10) days after the preliminary plat approval application is deemed complete, request opinions from the following reviewing entities which shall have thirty (30) days from the date of the request to review the application is received and provide an opinion to the Administrator:
 

1. The Office of the State Engineer, who shall determine:

a. whether the applicant can furnish water sufficient in quantity to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses; and
b. whether the applicant can fulfill the proposals in the proposed disclosure statement concerning water, excepting water quality;
 

2. The New Mexico Environment Department to determine:

a. whether the applicant can furnish water of an acceptable quality for human consumption and measures to protect the water supply from contamination in conformity with state regulations promulgated pursuant to the Environmental Improvement Act;
b. whether there are sufficient liquid and solid waste disposal facilities to fulfill the requirements of the subdivision in conformity with state regulations promulgated pursuant to the Environmental Improvement Act, the Water Quality Act and the Solid Waste Act; and
c. whether the applicant can fulfill the proposals contained in the proposed disclosure statement concerning water quality and concerning liquid and solid waste disposal facilities;
 

 

3. The New Mexico Department of Transportation to determine whether the applicant can fulfill the state highway access requirements for the subdivision in conformity with state regulations promulgated pursuant to NMSA 1978, section 67-3-16;

4. The applicable soil and water conservation district to determine:

a. whether the applicant can furnish terrain management sufficient to protect against flooding, inadequate drainage and erosion; and
b. whether the applicant can fulfill the proposals contained in the proposed disclosure statement concerning terrain management;
 

5. Each Indian nation, tribe or pueblo with a historical, cultural or resource tie with the County that submits at least annually, via certified mail, return receipt requested, a written request for notification to the Board, which request indicates the Indian nation, tribe or pueblo’s historical, cultural or resource tie with the county, its contact information and a listing of the types of documentation required to be submitted by a applicant to the county that may be necessary for its review to determine:

a. whether the applicant can furnish, fulfill or otherwise meet the requirements set forth in Section 1 through Section 4; above, and
b. how the proposed plat may directly affect cultural properties, archaeological sites and unmarked burials; and
 

6. Such other public agencies as the Administrator deems necessary, such as local school districts and fire districts, to determine whether there are adequate facilities to accommodate the proposed subdivision.

 

Affirmative Opinions.
If, in the opinion of each appropriate public agency or Indian nation, tribe or pueblo, the applicant can fulfill the requirements of the Reviewing Entities Section, above, the Board shall weigh these opinions in determining whether to approve the preliminary plat at a public hearing to be held in accordance with NMSA 1978 section 47-6-14.

Adverse Opinions.
If, in the opinion of the appropriate public agency or Indian nation, tribe or pueblo, an applicant cannot fulfill the requirements of the Reviewing Entities Section, above, or, if the appropriate public agency or Indian nation, tribe or pueblo does not have sufficient information upon which to base an opinion on any one of these subjects, the applicant shall be notified of this fact by the Administrator. If the appropriate public agency or Indian nation, tribe or pueblo has rendered an adverse opinion, the Administrator shall provide a copy of the opinion to the applicant. The Administrator shall give the applicant thirty (30) days from the date the applicant is notified of the deficiencies to submit additional information to the public agency or the Indian nation, tribe or pueblo through the Administrator. The public agency or the Indian nation, tribe or pueblo shall have thirty (30) days from the date the additional information is received to change its opinion or issue a favorable opinion when it has withheld one because of insufficient information. No more than thirty (30) days following the date of the expiration of the thirty-day period, during which the public agency or the Indian nation, tribe or pueblos reviews any additional information submitted by the applicant, the Board shall hold a public hearing in accordance with NMSA 1978, § 47-6-11 to determine whether to approve the preliminary plat. Where the public agency has rendered an adverse opinion, the applicant shall have the burden of showing that the adverse opinion is incorrect either as to factual or legal matters. Where the Indian nation, tribe or pueblo has rendered an adverse opinion, the applicant may submit additional information to the Board. If a public agency disagrees with an adverse opinion rendered by an Indian nation, tribe or pueblo, that agency shall submit a response to the Board.

See § 5.7.6 Consideration of Application; Public Hearing; Development Order.
See § 5.7.7 Preliminary Plat Approval Standards and Requirements.

Conditions of Approval.
In considering an application for preliminary plat, the Board may impose mitigation requirements or conditions to the extent that such requirements or conditions are necessary to ensure compliance with the standards, requirements or criteria of the SLDC, including:

Protection of environmentally sensitive, archaeological, cultural and historic lands;
Prevention of air and water pollution;
Provision of adequate public facilities and services;
Mitigation of traffic congestion;
Avoidance of negative fiscal impacts; and
Ensuring sustainability.
 

See § 5.7.9 Preliminary Plat Amendments.

Filing of Preliminary Plat.
An executed original preliminary plat, along with any approved amendments thereto, shall be filed with the Administrator, but shall not be filed in the Office of the County Clerk.

Expiration of Preliminary Plat.
An approved or conditionally approved preliminary plat shall expire unless the applicant obtains a development order granting approval of the final plat within twenty-four months (24) from the date of preliminary plat approval or conditional approval. Prior to the expiration of the approved or conditionally approved preliminary plat, the applicant may submit an application for extension, for approval by the Board, for a period of time not to exceed a total of thirty-six (36) months from the original approval date. No further extension shall be granted under any circumstances and the preliminary approval shall become null and void upon expiration of the preliminary plat. No application for final plat approval shall be allowed to be submitted after the preliminary plat has expired. The expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed without first processing a new preliminary plat.

See § 5.7.12 Phased Development.

See § 5.7: PRELIMINARY PLATS (MAJOR SUBDIVISIONS) for complete, detailed information.