When Required.
Final plat approval is required for all subdivisions, both major and minor. No final plat shall be recorded until a final plat has been approved as provided in this Section, or in the case of a minor subdivision as provided in
§ 5.6: SUMMARY REVIEW.
Application.
An application for final plat approval shall be filed with the Administrator and include all information and submittals required by this Chapter and
CHAPTER 4: PROCEDURES AND PERMITS. If the approved preliminary plat permitted phasing or sectionalizing, the application shall submit an application only for the phase(s) proposed.
Compliance with Preliminary Plat (major subdivisions).
The final plat for a major subdivision shall conform to the approved or approved amended preliminary plat, including all conditions and mitigation requirements contained within the development order approving the preliminary plat. No deviation from the approved or approved amended preliminary plat, together with all conditions and mitigation requirements, shall be authorized to be granted at final approval; any deviation from the development order granting the preliminary plat approval shall require an amendment as provided in
§ 5.7.9 Preliminary Plat Amendments.
See
§ 5.8.4 Final Plat Requirements.
Development Agreement.
All major subdivisions are encouraged to enter into a voluntary development agreement pursuant to the provisions of
CHAPTER 12: GROWTH MANAGEMENT.
Consideration and Approval of Final Plat.
Timing. The Board shall approve, conditionally approve or reject the application for final plat at a public meeting within thirty (30) days after the application is deemed complete by the Administrator pursuant to
§ 4.4.6.
Failure to Act.
If the Board does not act on a final plat application within the required period of time, the applicant shall give the Board written notice of its failure to act. If the Board fails to approve or reject the final plat within thirty (30) days after that notice, the Board shall, upon written demand from the applicant, issue a certificate stating that the final plat has been approved.
Review Standards.
The Board shall not deny a final plat if it has previously approved a preliminary plat for the proposed subdivision and it finds that the final plat is in substantial compliance with the approved preliminary plat. However, the Board shall not issue a development order approving a final plat unless and until:
1. The final plat approval application has been received and deemed complete;
2. The final plat substantially conforms to the preliminary plat and all conditions and requirements are complied with;
3. The final plat and all documents required are in a form acceptable for recording with the County Clerk;
4. The development and subdivision improvement agreements have been signed and notarized and are otherwise fully executed; and
5. The administrative and final plat fees have been deposited with the Administrator, together with proper security.
Conditions.
The Board may introduce conditions or mitigation requirements not a part of the preliminary plat only upon finding that:
1. key elements of the application were incorrect and the approval relied on the incorrect facts;
2. there is a change in state or federal law; or
3. approval of the final plat will create conditions substantially affecting the public health, welfare or safety.
Scope of Approval.
Approval of the final plat by the Board shall not be deemed to constitute acceptance of any offer of dedication, or deposit of any deed or grant of easement until all improvements have been constructed and satisfactorily completed by the developer in accordance with the development order approving the final plat, the approved construction plans and any development or subdivision improvement agreement entered into.
Denial of Final Plat. A denial of a final plat by the Board shall be accompanied by a finding identifying the requirements that have not been met.
Expiration of Final Plat.
Any approved or conditionally approved Final Plat, shall be recorded within twenty-four (24) months after its approval or conditional approval or the Plat shall expire. Prior to the expiration of the Final Plat, the subdivider may request, from the Board, an extension of the Final Plat for a period of time not exceeding thirty-six (36) months.
Recording.
Upon approval of a final plat, the final plat, subdivision covenants, disclosure statement, and any other relevant document(s) shall be recorded in the office of the County Clerk. The original Mylar drawing, together with related documents, shall be dated and signed by the Board Chair, the Administrator, Rural Addressing, Fire Marshal, appropriate utility companies, and other appropriate signatures. The County Clerk shall not accept for filing any final plat subject to the New Mexico Subdivision Act that has not been approved as provided in the Subdivision Act and the SLDC. Whenever separate documents are to be recorded concurrently with the final plat, the county clerk shall cross-reference such documents.
Expiration period.
Where no expiration period is provided for in a development order or development agreement, all approvals of development orders or voluntary development agreements shall expire after:
The failure to commence the development within three years after approval,
The failure to have completed 25% of the development within four years after approval,
The failure to have completed 50% of the development within five years after approval,
The failure to have completed 75% of the development within six years after approval; or
The failure to have completed 100% of the development within seven years after final development approval.
