Section 3-19-6 - Subdivision regulations. - New Mexico Statutes

3-19-6. Subdivision regulations.

A.     The planning authority of a municipality shall adopt regulations governing the subdivision of land within the planning and platting jurisdiction of the municipality. The subdivision regulations shall be approved by the governing body before they become effective. The subdivision regulations may provide for:   

(1)     the harmonious development of the municipality and its environs;   

(2)     the coordination of streets within the subdivision with existing or planned streets or other features of the master plan or official map of the municipality;   

(3)     adequate open space for traffic, recreation, drainage, light and air; and   

(4)     the distribution of population and traffic which tend to create conditions favorable to the health, safety, convenience, prosperity or general welfare of the residents of the municipality.   

B.     Subdivision regulations may govern:   

(1)     the width of streets;   

(2)     the width, depth and arrangement of lots;   

(3)     land use, including natural drainage;   

(4)     other matters necessary to carry out the purposes of the Municipal Code [3-8-1 NMSA 1978]; and   

(5)     the extent and manner in which:   

(a)     streets are graded and improved; and   

(b)     water, sewer and other utility facilities are installed as a condition precedent to the approval of a plat.   

C.     The subdivision regulations or the practice of the planning commission may allow tentative approval of the plat previous to the completion of improvements and the installation of utility facilities but such tentative approval shall not be entered on a plat. In lieu of the completion of improvements and the installation of utility facilities previous to the final approval of a plat, the subdivision regulations may provide for:   

(1)     assessment or other methods whereby the municipality makes the improvements and installations at the cost of the owner of property within the subdivision; or   

(2)     acceptance of a bond, in an amount and with surety and conditions satisfactory to the planning commission, securing to the municipality the actual construction and installation of improvements and utility facilities within a period of time specified by the planning commission and expressed in the bond. A municipality may enforce such a bond by all appropriate and legal remedies; or   

(3)     in lieu of a bond, the municipality may enter into an agreement with a person seeking approval of a subdivision whereby the person seeking approval shall, within two years following final approval of the plat, complete the improvements and the installation of utility facilities provided for in the person's application for subdivision approval, except that the agreement set forth herein may provide that the person seeking approval shall be permitted by the municipality to sell or otherwise dispose of, or improve any lot within the subdivision, to which improvements and utility facilities have been provided by the person seeking approval at any time within the two-year period; any such agreement shall be recorded with the county clerk at the time of filing said plat.   

D.     The governing body or planning commission of the municipality shall hold a public hearing on the adoption of a subdivision regulation or an amendment to it. Notice of the time and place of the public hearing shall be published once at least fifteen days prior to the date of the public hearing.   

E.     If the requirement or restriction does not violate the zoning ordinance, the governing body or planning commission of the municipality may agree with a person seeking approval of a subdivision upon the use, height, area or bulk requirement or restriction governing buildings and premises within the subdivision. The requirement or restriction shall:   

(1)     accompany the plat before it is approved and recorded;   

(2)     have the force of law;   

(3)     be enforced; and   

(4)     be subject to amendment or repeal as the provisions of the zoning ordinance and map are enforced, amended or repealed.