New Mexico § 3-19-6 - Subdivision regulations

§ 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; 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.