Succeeding Subdivisions.
Any proposed subdivision may be combined and upgraded for classification purposes by the Board with a previous subdivision if the proposed subdivision includes:
A part of a previous subdivision that has been created in the preceding seven (7) year period; or
Any land retained by an applicant after creating a previous subdivision when the previous subdivision was created in the preceding seven (7) year period.
Vacation of Approved Plat.
Applicability.
Any final plat filed in the office of the county clerk may be vacated, or a portion of the final plat may be vacated, if:
1. the owners of the land proposed to be vacated sign an acknowledged statement, declaring the final plat or a portion of the final plat to be vacated;
2. the statement is approved by the Board; and
3. if the plat, or portion of plat, to be vacated was initially approved through an administrative process, the Administrator may approve the vacation or partial vacation of the plat.
Application.
The owners of all or a portion of the lots in any approved subdivision or land division, may initiate a plat vacation by filing an application with the Administrator. The application shall include the acknowledged statement required by the Applicability Section, above. The application requesting vacation of the plat and an application requesting a re-subdivision of the plat may be filed concurrently.
Review.
1. Process.
The Administrator shall review and process the application and the acknowledged statement of plat vacation as provided in Table 4-1. The application and acknowledged statement shall be approved, conditionally approved, or disapproved at a regular public meeting of the Board, or by the Administrator in accordance with the Applicability Section, above.
2. Standards.
The Administrator or Board shall approve the application for vacation on such terms and conditions as are reasonable to protect the public health, safety, and welfare. The Administrator or Board shall not approve an application for vacation if it will adversely affect the interests of persons on contiguous land or persons within the subdivision being vacated.
Roads.
1. The Board may require that roads dedicated to the County in the final plat continue to be dedicated to the County.
2. The owners of parcels on the vacated portion of the final plat may enclose in equal proportions the adjoining roads and alleys that are authorized to be abandoned.
Effect of Approval.
Upon the execution and recording of the vacating instrument, the plat shall be vacated. The rights of any utility existing prior to the vacation, total or partial, of any final plat are not affected by the vacation of a final plat. The re-subdivision of the land covered by a plat that is vacated shall be governed by the SLDC.
Recording.
The development order declaring the vacation and the vacation plat shall be recorded in the manner prescribed for the approval and recording of the original final plat. The County Clerk shall write legibly on the vacated plat the word “vacated” or the phrase “partially vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.
Amendment of Final Plat.
Applicability.
A final plat may be amended for one or more of the following reasons:
1. to correct an error in a course or distance;
2. to add a course or distance that was omitted;
3. to correct an error in a real property description;
4. to locate monuments set after the death, disability, or retirement from practice of the professional engineer or surveyor responsible for setting monuments on the plat;
5. to designate the correct location or character of a monument that is shown incorrectly;
6. to correct any other type of scrivener or clerical error on the previously approved final plat, including lot numbers, acreage, road names, and identification of adjacent recorded plats;
7. to correct an error in courses and distances of lot lines between two adjacent lots where:
a. both lot owners join in the application, b. neither lot is abolished,
b. the amendment does not attempt to remove recorded covenants or restrictions; and
c. the amendment does not have a material adverse effect on the property rights of the other owners in the plat;
8. to relocate a lot line or easement to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; and/or
9. to relocate one or more lot lines between one or more adjacent lots or remove a lot line between adjacent lots if:
a. the owners of all those lots join in the application for amending the plat,
b. the amendment does not attempt to remove recorded covenants or restrictions, and
c. the amendment does not increase the number of lots.
Application.
An applicant wishing to amend an approved final plat shall file with the Administrator the amendment plat, together with a copy of the final plat being amended and a statement detailing the basis for the amendments being proposed.
Processing; Review.
The amendment plat shall be processed by the Administrator in the same manner as a minor subdivision. If the plat being amended has been recorded, the amendment plat shall be clearly marked as follows: Amending plat of (name of development). This plat amends the plat previously recorded in the County Clerk’s records of Santa Fe County, at __________ (INSTRUMENT NUMBER) and __________ (BOOK AND PAGE).
Recording.
The amendment plat shall be recorded as in the manner prescribed for the approval and recording of the original final plat. The County Clerk shall write legibly on the original final plat the word “amended” and shall enter on the final plat a reference to the volume and page at which the amendment plat is recorded. Once recorded, the amendment plat is controlling over the original final plat.
