§ 22-01-170. Summary subdivisions.

(a)

Eligibility. The summary subdivision procedure may be used to add, move or remove lot lines provided that:

(1)

The number of total lots does not increase by more than two (2);

(2)

All resulting lots meet minimum lot size requirements;

(3)

The payments on all outstanding municipal liens are current.

(4)

Upon the transfer of any newly created lot by any method, the outstanding assessment on that lot must be paid in full.

(5)

No provisions are required by the city for utilities, easements, right-of-way or drainage;

(6)

All owners of the subject property sign the plat and application;

(7)

The summary procedure is available for original plats and re-plats, either within the city or within the extra-territorial platting jurisdiction.

(b)

Submission requirements. The applicant is required to submit to the city the following:

(1)

Completed application form, including waiver of public hearing;

(2)

Applicable fees in accordance with Appendix I of this Code;

(3)

The original mylar and ten (10) copies of a final plat meeting all the requirements of subsection 22-01-050.

(4)

The submission to the planning authority includes a division of any remaining assessment lien among any lots created by the summary subdivision.

(5)

For subdivisions located within the city's extra-territorial jurisdiction, one (1) copy of the disclosure statement.

(c)

Procedure.

(1)

Within ten (10) working days of receiving the application and all required submissions, the city will make an initial determination of eligibility for summary approval. If the proposal is ineligible, the city will promptly notify the applicant that the full subdivision procedure is required. If the proposal is facially eligible for summary procedure, the planning authority will forward the proposal to the city manager with staff comments and recommendations.

(2)

Within ten (10) working days of receiving the application, the city manager will determine whether the subdivision is approved or should be diverted to the city commission for review.

(3)

If the city manager approves the summary subdivision, the city manager shall sign the plat signifying approval by the city and shall return it to the applicant for filing.

(4)

The city manager may, with sole discretion, divert the subdivision application to the city commission for consideration. In that event, the city manager shall notify the applicant in writing and place the item on the next available city commission agenda. The applicant will then be required to reimburse the city for five (5) additional copies of the plat.

(d)

Reservations. By providing for the summary subdivision procedure, the city does not waive its rights to require the applicant to satisfy the city's usual requirements for subdivision approval including, but not limited to, the following:

(1)

Public infrastructure, such as streets, alleys, utilities and suitable access;

(2)

Public land dedication or cash contributions in lieu thereof if cash contributions are otherwise required;

(3)

Provisions for adequately addressing anticipated drainage problems or unstable soil conditions; and

(4)

Requirements for waiver of protest agreements and avigation easements.

Such requirements may be addressed as a condition of summary subdivision approval, if practicable. If agreement is not reached, either the city manager or the applicant may require that the application be placed on the next available city commission agenda.

(e)

Certificate of survey procedure. Nothing in this section is intended to limit the availability of the certificate-of-survey procedure contained in section 3-20-2, N.M.S.A. 1978, as amended or superseded from time to time, provided that all applicable requirements are met.

(f)

Extra-territorial platting jurisdiction. Approval by the city of a summary subdivision application will not relieve the applicant of the requirement of approval by the county for subdivisions within the city's extra-territorial platting jurisdiction.

(Ord. No. 1197, § 19, 3-23-04)