ORDINANCE NO.___________________

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SANDOVAL COUNTY THAT THE FOLLOWING AMENDMENTS ARE HEREBY MADE TO ARTICLE 3 AND APPENDIX A OF THE SANDOVAL COUNTY SUBDIVISION REGULATIONS. BE IT FURTHER ORDAINED THAT THE BOARD OF COUNTY COMMISSIONERS DECLARES THAT A THREAT TO THE HEALTH AND SAFETY OF CURRENT AND FUTURE RESIDENTS OF THE PLACITAS AREA EXISTS AND THEREFORE, PURSUANT TO 4-37-9 (C) NMSA 1978, THIS REVISED ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS RECORDATION IN THE OFFICE OF THE SANDOVAL COUNTY CLERK:

ARTICLE 3: CLAIM OF EXEMPTION

Section 3.1 Application and Approval Process

This Article of the Subdivision Ordinance deals with dividing property through a Claim of Exemption. Exemptions are designed so that historic methods of transferring land are preserved.

3.1.1. Exemptions

3.1.2. Approval Required. It is unlawful for any person to divide a surface area of land, including land within a previously approved subdivision, into two or more parcels for the purpose of sale, lease or other conveyance or for building development, whether immediate or future, unless such person either obtains approval for a subdivision as provided in these Regulations or files and obtains approval for a Claim of Exemption as provided below. Notwithstanding the requirements of Section 3.1.3 below, persons seeking approval of exemptions defined by Section 3.1.5 (8) of these regulations for land located within the Placitas Area shall follow the procedure listed in Section 3.1.6 of these regulations.

3.1.3. Approval of Exemption.

a. Any person claiming entitlement to an exemption under the provisions of these Regulations shall first file a written claim of exemption on the prescribed form available from the County Planning Staff accompanied by the required fee.

b. Persons claiming any exemption listed under items (1), (3) through (6), and (8) through (12) under Section 3.1.5 of these Regulations shall submit a paper copy of a plat map showing the proposed division of land, clearly identifying the requested exemption, and prepared in conformance with the applicable specifications of Appendix C to these Regulations.

c. The County Planning Staff shall review the claim of exemption and supporting documents, including the paper copy of the plat map, and shall inform the applicant of whether the exemption has been approved or denied within thirty (30) days after receipt of the completed claim of exemption; provided, however, that the thirty (30) day period shall not begin to run until the person claiming the exemption has delivered a completed Claim of Exemption and all supporting documents, including the paper copy of the plat map, to the County Planning Staff.

d. If the claim of exemption is approved, or if the County Planning Staff fails to notify the claimant within thirty (30) days after receipt of the completed claim of exemption and all supporting documents, the person claiming the exemption may divide the land in the manner proposed in the claim of exemption without complying with the provisions of these Regulations.

e. If the claim of exemption is denied, the person claiming the exemption may appeal the denial as provided in section 3.1.4. of these Regulations or may submit an application for a subdivision as provided in these Regulations.

f. An approved final plat for a Claim of Exemption may not be recorded until the delegated member of the County Planning Staff properly signs the plat. The County Planning Staff shall not sign an approved final plat for a Claim of Exemption until any appeal filed under Section 3.1.4 of these Regulations is decided, or the time for filing such an appeal is expired. The Claim of Exemption plat is in effect only after having been recorded in the Office of the County Clerk within one (1) year after the date of approval of the Claim of Exemption by the County Planning Staff.

3.1.4. Appeal from an Exemption decision:

Any party adversely affected by the decision of the County Planning Staff regarding an exemption shall, within 15 days of that decision, file an appeal to the Board of County Commissioners on a form prescribed for such by the County Planning Staff Such appeal shall be accompanied by the required fee. The Board shall schedule a hearing on the appeal within thirty (30) days of its receipt by the County Planning Staff. Notification of the time and place at which the Board will hear the appeal shall be published in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing. At the same time, notice shall be provided via certified mail, return receipt requested, to the appellant as well as to the original applicant (if he/she is not the appellant). The Board shall conduct the appeal proceedings pursuant to Section 12.2 of these Regulations.

3.1.5 Types of Exemptions

A list of the exemptions for which approval must be sought pursuant to this Article is provided below:

1) Sale, lease, or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve (12) month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with 7-36-20 NMSA 1978, for the preceding three (3) years;

e.g. A farmer in Pena Blanca owns a section of land which has been farmed continually by his family for generations. He sells 38 acres to an abutting farmer so the abutter can increase the size of his fields.

2) Sale or lease of apartments, offices, stores or similar space within a building;

e.g. A property owner owns an office building. He sells 1500 square feet of space within the building as an office.

3) Division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land;

e.g. A property owner who has water rights appurtenant to the property chooses to sell those water rights to another individual.

4) Division of land created by court order where the order creates no more than one (1) parcel per party;

e.g. Mr. X has 5 children, 25 acres of land, and his wife is deceased. Mr. X passes away and his will must be probated. The probate judge decrees that each child will receive one parcel of land, 5 acres in size.

5) Division of land for grazing or farming activities, provided the land continues to be used for grazing or farming activities; and will not be used for any development purposes;

e.g. Mr. X has 50 acres of grassland on which he runs sheep. Mr. X sells 5 acres of his land to Mr. Y with a deed restriction that the 5 acres will continue to be used for grazing.

6) Division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased;

e.g. Mr. X has a subdivision which has 26, five acre parcels. Mr. X replats the 26 parcels into 13, ten acre parcels.

7) Division of land to create burial plots in a cemetery;

e.g. Mr. X owns 5 acres. He divides the 5 acres into 200 cemetery plots.

8) Division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this exception shall be limited to allow the seller or donor to sell or give no more than one (1) parcel per tract of land per immediate family member and such a transfer is subject to the following limitations:

(a) Property transferred between spouses must be sole and separate property at the time of its acquisition by the grantor spouse as sole and separate is defined by the New Mexico Statutes and New Mexico case law regarding community property. If a spouse claims that a parcel is his/her sole and separate property, the applicant must submit sufficient documentation to the County attorney to show that the real estate in question was acquired with separate assets.

(b) No gifts of real property to minor children will be permitted without full compliance with Uniform Transfers to Minors Act 46-7-11 NMSA 1978 et. seq.

(c) Any parcel of real property that is transferred pursuant to this provision may not be transferred within eighteen (18) months of the date of recording of the plat creating said parcel to any individual who is not an "immediate family member" of the grantor as defined by this Ordinance, except by probate proceedings, an order from the District Court, or a transfer on death deed executed pursuant to applicable New Mexico statutes.

e.g. Mr. X owns a 50-acre tract of land and has 10 immediate family members. In a living will. Mr. X gives each one of his immediate family members 1, five acre parcel.

9) Division of land created to provide security for mortgages, liens, or deeds of trust, provided that the division of land is not the result of a seller-financed transaction;

e.g. Mr. X owns 25 acres of land free and clear. He needs money to build a house and arranges for a bank to lend him the money based on the value of 8 acres of his property. Mr. X then divides his property to create two parcels; an 8 acre piece to secure the loan and a 17 acre piece representing the balance of his property.

10) Sale, lease, or other conveyance of land that creates no parcel smaller than one hundred forty (140) acres; e.g. Mr. X has a section of land (640 acres). He can create and sell four 160 acre parcels.

11) Division of land to create a parcel that is donated to any trust or nonprofit

corporation granted an exemption from federal income tax, as described in §501(c) (3) of the United States Internal Revenue Code of 1986, as amended; school, college, or other institution with a defined curricula and a student body and faculty which conducts classes on a regular basis or to any church or group organized for the purpose of divine worship, religious teaching, or other specifically religious activity; or

e.g. Mr. X owns 20 acres of land and gives 10 acres to the University of New Mexico for research.

12) Sale, lease, or other conveyance of a single parcel from a tract of land, except from a tract within a previously approved subdivision, provided that a second or subsequent sale, lease or other conveyance from the same tract of land shall be subject to the provisions of the New Mexico Subdivision Act and these Regulations.

e.g. Mr. X owns 5 acres but needs some cash. Mr. X creates a 3 acre piece. That plat that is filed must clearly identify the limitations of this exemption.

3.1.6. Special Procedures

a. Any person claiming entitlement to an exemption as defined by Section 3.1.5 (8) these Regulations for land located within the Placitas Area shall first file a written claim of exemption on the prescribed form available from the County Planning Staff accompanied by the required fee and by a paper copy of a plat map showing the proposed division of land prepared in conformance with the applicable specifications of Appendix C to these Regulations.

b. Such a claim must also be accompanied by documents establishing the familial relationship of the proposed grantees to the grantor and an affidavit, provided by the County Planning Staff, which is completed and contains the notarized signature of the land owner(s) claiming this exemption. Unfiled copies of all deeds conveying tracts created by the exemption plat that identify the family member receiving each tract must be submitted.

c. The County Planning Staff shall review the claim of exemption and all supporting documents, including the paper copy of the plat map, for completeness and shall, once the application is complete, schedule the application for review and rendering of decision at a public hearing held by the Planning & Zoning Commission. The public notice and hearing procedures for a plat under this Section shall conform to those specified by Section 10(I)(2) and (3) of Appendix A to these regulations.

d. Decisions rendered by the Planning & Zoning Commission on an exemption plat submitted under this section shall be made pursuant to Section 10(I)(3) of Appendix A to these regulations and the procedures for appeals shall be that outlined in Section 10(I)(4) of that Appendix. Recording procedures for a plat under this Section shall conform to Section 10(I)(5) of the above referenced Appendix A, except that plats submitted for signature must be accompanied by original copies of the deed conveying tracts created by the plat. Such deeds must contain language stating clearly that no water availability assessment was performed for the tract in question and that, only under only exceptional circumstances will said tract be conveyed back to the grantor. Submitted deeds must be recorded simultaneously with the approved plat and documentation of deed recordation must be provided to the County Planning Staff. Exceptional circumstances include, but are not limited to, death or disability of the grantee to use the property for its intended purpose or such other factors as may be deemed persuasive in the sole discretion of the County. Exceptional circumstances may be presented to the Planning & Zoning Commission, which may act upon such request or refer it to the Board of County Commissioners. Decisions by the Planning & Zoning Commission on such matters may be appealed to the Board of County Commissioners, pursuant to the procedures set forth in Section 12.2 of this Ordinance. The burden of proving such an exceptional circumstance is upon the applicant.

e. Family Transfer exemptions under this section must fit certain categories. By way of example, but not of limitation, such categories include probates, gifts, or a parcel for a family member to build a home. Nothing herein shall be construed to alter or negate applicable IRS gift restrictions and the County’s approval of a Family Transfer shall not be construed as evidence of value for purposes of IRS gift regulations. In the event the Family Transfer is requested for construction of a home for a family member, construction must commence within one (1) year of approval of the plat. In the event that such construction has not commenced within one (1) year, the Board of County Commissioners may vacate the plat under Section 10.3 of this Ordinance or, upon application, grant additional time for good cause. “Good cause” shall be determined in the sole discretion of the County.

APPENDIX A

TO SANDOVAL COUNTY SUBDIVISION REGULATIONS

DEVELOPMENT PLAN FOR SOUTHEASTERN SANDOVAL COUNTY

APPENDIX A TO SANDOVAL COUNTY SUBDIVISION REGULATIONS

DEVELOPMENT PLAN FOR SOUTHEASTERN SANDOVAL COUNTY

SECTION 1

JURISDICTION AND INTENT

This Appendix is to provide regulations governing the subdivision of land within southeastern Sandoval County. The area governed by these regulations (hereinafter referred to as the “Development Area”) is shown on the map attached hereto and is generally described as follows: All lands subject to the jurisdiction of the Sandoval County Subdivision Regulations as described in Section 1.4 of those regulations and within an area bounded on the North by a line following the northern boundary of Township 13 North NMPM and the southern extent of the Pueblos of San Felipe and Santa Ana; on the East by the Sandoval County/Santa Fe County line; on the South by the Sandoval County/Bernalillo County line; and on the West by a line matching the eastern extent of the Laguna Indian Reservation. Lands lying west of Interstate 25 and within the boundaries of the Greater Bernalillo Extra-territorial Zone shall be exempt from the requirements of this Appendix. The members and heirs of the San Antonio de las Huertas Land Grant shall be subject to the requirements of the applicable state statute when disbursing their lands in common to an heir (Section 49-1-11 NMSA 1978). The requirements of this Appendix shall not apply to this method of property disbursement. This Appendix provides for additional requirements to those contained in the remainder of the Sandoval County Subdivision Regulations and if there is a conflict between the requirements of this Appendix and the requirements within the balance of the Subdivision Regulations, the requirements that are more restrictive will control. This Appendix shall be reviewed and updated periodically in an effort to insure that the best available data is being used for the determination of water availability.

The purpose and intent of this Appendix is to insure that the harmonious, orderly, and progressive development of land within the Development Area occurs in a manner that promotes the public health, safety, and welfare of the people within this area. The stringent water quantity requirements of this Appendix have been developed in consideration of the limited water resources, complex hydrology, and rapid growth of the Development Area. ~~limillll~~This Appendix shall take into account the diverse geographic area, limitations on water supply, desires of the local inhabitants, traditional land uses, traditional cultural practices, constitutional rights of property owners, and development trends within the designated area. This Appendix shall retain the area’s prevailing rural residential character and protect its natural resources, environmentally critical areas, and significant historic sites. The incorporation of this Appendix into the Sandoval County Subdivision Regulations will not affect previously approved and filed subdivisions within the Development Area. This Appendix will only apply to subdivisions for which application for approval is filed after the adoption of the Appendix.

SECTION 2

DEFINITIONS

For Appendix A the following definitions are applicable. If there is no definition listed in this section then those definitions within the Sandoval County Subdivision Regulations apply.

Adjacent Property: All discrete tracts or parcels that are located within 300 feet of the boundaries of the lot(s) or tract(s) that are included within the area of a proposed subdivision.

County Planning Administrator: The ~~Planning & Zoning~~ County Development Director of Sandoval County or his/her designee.

Grading and Drainage Plan: A graphic representation of existing and proposed lot grading, drainage, flood control, and erosion control information. The information should be of sufficient detail to determine the feasibility of the proposed summary subdivision. The purposes of this plan are to check the compatibility of the proposed development within grading, drainage, flood hazard, and erosion control constraints as dictated by on-site physical features as well as adjacent properties, roads, and channels.

Greater Bernalillo Extraterritorial Zone: The area of jurisdiction of the Town of Bernalillo/Sandoval County Extra-Territorial Zoning Ordinance as shown on the maps adopted in conjunction with that Ordinance on November 19, 1986.

Placitas Area: All lands under the jurisdiction of Sandoval County and within the area herein described: Bounded on the north by San Felipe Pueblo and Santa Ana Pueblo, on the east by the Town of Tejon Grant boundary and the Cibola National Forest, on the south by Sandia Pueblo and the Cibola National Forest, and on the west by Interstate 25.

SECTION 3

GENERAL REQUIREMENTS

All subdivisions within the Development Area shall be subject to the following standards:

A. The subdivider shall provide a Site Map with the following information:

1.Scale shall be 1"=1000' (one inch equals one thousand feet).

2. The area covered by the Site Map shall extend 5000 ft. from the

external boundaries of the subdivision.

3. Average lot sizes will be calculated for all land contiguous to the site of

the proposed subdivision, if that land has been subdivided.

4. Lands within the site of the proposed subdivision shall be identified as

either public or private.

5. Acequias and irrigation easements shall be identified within the site of

the proposed subdivision.

6. Zoning classification shall be identified for the site of the proposed

subdivision

7. Access to the subdivision shall be identified within the site of the

proposed subdivision.

B. Major intersections which will be utilized in order to gain access to the subdivision shall be identified regardless of their proximity to the subdivision.

C. Private and public schools shall be identified within the Development Area that will most likely be impacted by the subdivision.

D. Police and Fire Stations or substations that will serve the subdivision shall be identified.

E. The subdivider shall be required to notify, by registered mail, all abutting property owners and abutting neighborhood associations prior to submitting

SECTION 4

PRELIMINARY PLAT PROCEDURE

This Section is intended to provide enough information to the Sandoval County Planning and Zoning Commission so that it will be able to reasonably determine the impact of the proposed subdivision on: the terrain, water table, water availability to pre‑existing water users, drainage courses, existing streets or roadways, emergency services, cultural properties, archaeological sites, unmarked burials, current population density, or other infrastructure facilities provided by Sandoval County. These procedures are in addition to the requirements of Articles 6 and 8 of the Sandoval County Subdivision Regulations.

A. WATER QUANTITY AND MINIMUM LOT SIZE DETERMINATION: The subdivider shall prove that water exists within the boundaries of the proposed subdivision in sufficient quantity to deliver 85 gallons per capita per day per dwelling unit plus water needed for outdoor landscaping up to a maximum of .5 acre feet/year for all uses combined. The number of individuals per dwelling unit will be determined in the same manner as that used by the current New Mexico State Environment Department(NMED) Liquid Waste Disposal Regulations, for design flow. (Note that the NMED design flow calculations are based on 75 gallons per capita per day use. The required water quantity delivery per person per dwelling unit of 85~~‑160~~ gallons per day is slightly higher due to the addition of an evaporative cooler and water softener to the total water consumption per person per household. The design flow criteria of the NMED shall be used to compute the liquid waste disposal requirements).

Water quantity will be determined by physically drilling a well within the boundaries of the proposed subdivision, if a well does not already exist within the boundaries of the proposed subdivision. A well test shall be performed whether the well is new or pre‑existing. The following procedures for well testing and interpretation are required with the goal of ensuring that the density of future development in this Development Area will take into account the availability of ground water of usable quality beneath the proposed development. An adequate water supply shall be demonstrated for a duration of 100 years. Well construction, pump testing, and interpretation should be performed by a qualified professional. Although specific "cook‑book" requirements for well construction and pump testing are not recommended, specific minimum requirements for these activities must be performed and are detailed in the sections below.

1. Preliminary Work

a. Determine projected water demand based on accepted and

realistic values for water use.

b. Evaluate the geologic and hydrogeologic setting (literature

search).

c. Perform a field geologic reconnaissance within a 1 mile radius of

the proposed development borders and prepare a detailed geologic

map of this area based on the field reconnaissance and existing

published geologic literature.

d. Determine the target aquifer(s) based on geologic mapping and

the literature search. (New Mexico Bureau of Mines).

e. Plot all known and permitted domestic wells within 1/2 mile

radius, and all known and permitted municipal, industrial, and

agricultural wells within 1‑mile radius of the proposed development

borders.

2. Well Construction, Well Test

a. The test well shall be located inside the boundaries of the proposed

development. Pumping tests shall consist of both a step drawdown

test and a constant‑rate discharge test. The purpose of the step

drawdown test is to determine the optimal pumping rate for the

constant rate discharge test.

b. The well construction shall be at or above industry standards

(see references in subsection 6 below), incorporating appropriate

casing, gravel pack, and well seal application. To reduce the risk

of contamination migrating down the borehole, a 2‑foot thick

bentonite seal shall be placed in the annulus above the gravel pack

and a cement grout seal shall be placed in the annulus from ground

surface to a depth of 20 feet. The well screen shall be of sufficient

length to allow ground water to efficiently enter the well and to

ensure the best possible sustainable production. Wells must be

properly developed as soon as is practicable after completion of testing.

Static water levels shall be measured for a minimum of 48 hours prior

to hydraulic testing. These data will provide background information

on the potential effects of nearby pumping wells, and provide an initial

water level.

c. A step drawdown test shall be performed prior to the constant

discharge test to evaluate the range of pumping rates that can be

sustained during the constant rate discharge test.

d. The constant‑pumping rate shall equal or exceed the proposed

pumping rate for the development, and be adequate to allow

computation of reliable estimates of aquifer transmissivity and

storativity. The pumping rate shall take into account possible

additional demands on water production due to the need for water

treatment, outdoor landscaping, increased water demands during

peak periods, etc. ( Data can be obtained from New Mexico State

Engineer Office Technical Manual 48)

e. Where possible, water levels shall be measured during the

constant rate discharge test in observation wells for the purpose of

determining aquifer transmissivity and the aquifer storage coefficient.

f. The duration of the test shall be sufficient to allow a reliable

calculation of hydraulic conductivity and to identify aquifer boundaries

that may affect water supply to the well in a 100‑year time frame. The

well test data and site‑specific aquifer lithology data shall be used to

make a reliable estimate of the storage coefficient of the aquifer. The

minimum duration of the constant‑rate pumping test shall be 1000

minutes (three log cycles) at a rate sufficient to sustain an individual

dwelling unit for 100 years of use. If it appears likely that water produced

during the drawdown phase of the aquifer constant rate discharge test

will percolate and reach the aquifer during the drawdown and recovery

phase of the aquifer test, it shall either be confined in a storage tank or

piped away from the site as long as the water does not cause damage to

any property or persons downstream. Return of pumped water to the

aquifer may lead to the appearance of a recharge boundary which may lead to

erroneous interpretation of data.

g. Both drawdown and recovery shall be monitored until the

water level stabilizes to at least 90% of the drawdown.

h. The duration of the test shall be sufficient to allow water quality

to stabilize.

3. Data Interpretation/ Presentation

a. The well test report shall contain reliable estimates of aquifer

transmissivity, storage coefficient or specific yield, aquifer thickness,

and hydraulic conductivity. The report shall include diagrams showing

well completion, hydrogeology, and water elevation contours.

b. The method of data interpretation shall take into account local

hydrogeologic conditions that may affect the aquifer response to

pumping. Some examples include:

i. lithology of the aquifer: alluvium, sandstone, fractured

limestone, etc. or aquifer barrier boundaries potentially

affecting long term yield;

ii. location(s) and hydraulic properties of confining layer(s)

and potential artesian conditions;

iii. screen length relative to aquifer thickness.

c. An evaluation shall be made of the drawdown effects of the

proposed pumping rate (under full occupancy of the development)

over a 100‑year duration, including projected water‑level drawdowns

in existing wells that may be hydrologically connected to the proposed

water supply wells, over the 100 year duration.

d. Potential effects on nearby surface water courses including

acequias shall be evaluated.

e. The well test report shall include all the information obtained

from the test as listed in sections 1 through 3 above.

f. Calculations of recharge, ground water available in storage, and

minimum lot size (per Section 5 below) shall be included in the report.

g. In the case that geohydrologic technical circumstances prevent

conducting these aquifer tests as specified above, an alternative method

may be proposed that meets the requirements of this Section and can be

cited in the scientific literature. The proposed method shall be subject to

review and approval by the New Mexico State Engineer Office prior to performing the test.

4. Review Requirement

Test data, results, analysis and conclusions shall be reviewed by the State

Engineer Office for compliance to this appendix as well as the appropriate state

statutes and/or by another qualified individual or Firm.

5. Determination of Minimum Lot Size

Minimum lot size for a land division within the Development Area shall be defined by the appropriate water allocation method as defined herein. In the event that there is a conflict between the minimum lot size derived under this Section and that specified by the Sandoval County Comprehensive Zoning Ordinance, the requirement that is more restrictive will control.

The main purpose of this section is to ensure that adequate lot size is established in order to control the rate of groundwater depletion and to prove sufficient ground water in storage over the target time period of 100 years. Estimates of aquifer thickness and ground water available in storage should be based on: cuttings collected as the borehole for the well is drilled, aquifer test results, and published data. Recharge estimates should be based on: climate, topography, and hydrogeologic setting, using acceptable methods described in the scientific literature. Methods used must have been described in the hydrogeologic literature, and applied with reasonable success somewhere in the southwestern U.S. (preferably in New Mexico). Not all of the ground water in storage in an aquifer can be readily withdrawn. Therefore a reasonable estimate of the percent of ground water in storage that can be withdrawn should be made based on the characteristics of the aquifer. Ground water storage estimates should be determined using the following method (Wilson, 1980).

S= Ac x SY x ST x RC

where:

S= ground water in storage, acre feet

Ac= size of tract in acres

SY= specific yield for unconfined aquifers or storativity for confined

aquifers.

ST= saturated thickness of aquifer

RC= recovery factor, is an estimate of how much of the water in

storage might be economically recovered by a properly designed

well field. The number 0.8 shall be used, unless the applicant demonstrates a greater efficiency for the proposed well field.

As an example, such efficiency could be demonstrated by a

computer model showing that when 90% of the water in storage

is depleted, there will still be sufficient flow to wells such that a

yield of 1 gpm (gallons per minute) can be maintained without

drawing water below the pump setting. In this example, RC=0.9 (Wilson, 1980).

Minimum lot sizes shall be based on a ground water supply of 100 years per lot.

The following methods shall be used to determine the minimum lot size:

MLS= U/A

where:

MLS= minimum lot size in acres

U= water use per lot per 100 years, acre‑feet

A= water availability per acre = S/Ac

The well test data, and the gallons per person per annum will be used to determine the number of lots which can be sustained by each well. If the well test data supports more than the minimum requirements needed for one lot, that particular well can be used for up to five (5) lots unless that well is to be utilized for a community water system permitted by the Office of the State Engineer. Multiple well connections shall be encouraged. Individual well test data shall not be used to determine the total number of lots that can be created within the entire subdivision. Rather, individual well test data will be used to determine the number of lots which can be served by that particular well. If more lots are desired by the subdivider, then a new well will have to be drilled and tested in the above described manner. This sequence of events will occur until the desired number of lots is reached or the area within the subdivision is exhausted.

The above quantification in no way represents a guarantee by the subdivider or Sandoval County of the life expectancy of available groundwater. Rather, the 100 year horizon is intended to provide the best possible information to a prospective lot purchaser. The drilling of a well and the performance of a well test assures that the most accurate information concerning groundwater and its availability is being secured for the Development Area, and is being supplied to the State Engineer, the Board of County Commissioners, the Planning and Zoning Commission and the prospective lot purchaser so that they can make the most informed decision possible concerning a particular development.

6. Water Quality

Water samples shall be collected from the proposed well. Water samples shall be tested for contaminants as per the requirements of Section 8.12 of the Sandoval County Subdivision Regulations.

B. REQUIRED IMPROVEMENTS: All roads and streets internal to a subdivision shall provide access to all lots within the proposed subdivision. All roads and streets internal to a subdivision may be dedicated to Sandoval County and must be constructed in accordance with the standards developed in the Sandoval County Subdivision Regulations, whether public or private. No roads or streets within a subdivision will be approved or built, until approval is received from the County Fire Marshal. All improvements, including roads and streets, deemed necessary by the County for the development of the subdivision shall be built by the subdivider at his/her own expense. If the subdivider chooses not to construct the improvements necessary for the subdivision at the time of Preliminary Plat approval and before Final Plat approval, he/she shall financially guarantee such improvements in accordance with the procedure outlined in Article 7 of the Sandoval County Subdivision Regulations.

Rights‑of‑way within subdivisions shall provide for the location of necessary utilities and shall connect to adjacent utility rights‑of‑way in a logical manner. All utility companies shall sign the Final Plat prior to approval to ensure that the utility rights‑of‑way are appropriate.

If the roads and streets within a subdivision are not to be dedicated to the County, the Subdivision Covenants shall provide a mechanism for maintenance in perpetuity for those roads and streets.

C. EMERGENCY SERVICES: The subdivider shall meet with the County Fire Marshal and the County Sheriff to insure that the proposed subdivision does not adversely impact the County's ability to adequately provide Emergency Services to residents within the proposed subdivision. The Fire Marshal and the Sheriffs Dept. shall issue a statement to the Planning and Zoning Department concerning the effect the proposed subdivision will have on Emergency Services.

D. CULTURAL PROPERTIES, ARCHEOLOGICAL SITES AND UNMARKED

BURIALS: The subdivider shall insure that if there are any cultural properties, archeological sites, or unmarked burials discovered during the subdivision process, protection shall be in accordance with the Cultural Properties Act Sections 18‑6‑ l to 18‑6‑ 17 NMSA 1978.

SECTION 5

EXPIRATION OF PRELIMINARY PLAT

A. The Expiration of a Preliminary Plat approved for a subdivision within the Development Area shall be subject to the terms and conditions of Section 6.4 of the Sandoval County Subdivision Regulations.

SECTION 6

DISCLOSURE STATEMENT

A. The subdivider shall meet all of the requirements for Disclosure Statements as specified in the Sandoval County Subdivision Regulations.

SECTION 7

VARIANCES

Where in the case of a particular subdivision, it can be shown that strict compliance with the requirements of these regulations would result in extraordinary hardship to the subdivider because of unusual topography or other non‑self‑inflicted conditions or that these conditions would result in inhibiting the achievement of the objectives of these regulations, subdivider may file a written request for a variance. Such request must be made on a form prescribed for such by the Planning & Zoning Department and be accompanied by the filing fee prescribed by Article 11 of the Sandoval County Subdivision Regulations. Hearings on such variance requests shall be governed by the procedures outlined in Section 10.4.3 of the Sandoval County Subdivision Regulations.

The Board of County Commissioners may vary, modify, or waive the requirements of these regulations after recommendation by the Planning and Zoning Commission, and upon adequate proof that compliance with the regulations at issue will result in an arbitrary and unreasonable taking of property or exact undue hardship on the property owner. Proof that a variance from the regulations will not result in a condition injurious to health and safety is also required. In arriving at this determination, the Board of County Commissioners or Planning and Zoning Commission, shall carefully consider the opinions of any agency requested to review and comment on the variance request. In no event shall a variance, modification, or waiver be granted by the Board of County Commissioners or be recommended by the Planning and Zoning Commission if, by doing so, the intent and purpose of these regulations would be nullified.

In granting variances and modifications, the Board of County Commissioners may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.

SECTION 8

CHANGES OR AMENDMENTS

Future amendments to this Appendix may be made by the Board of County Commissioners subject to the terms and conditions of Article 14 of the Sandoval County Subdivision Regulations.

SECTION 9

SEVERABILITY

If any of the provisions of this Appendix is declared illegal, void or unenforceable, the remaining provisions will not be affected and shall remain in full force and effect.

SECTION 10

PLAT APPROVAL ‑ SUMMARY PROCEDURE

The geographic area covered by these regulations is subject to unique circumstances or conditions that require additional review under the Summary Procedure beyond the provisions for such review under Article 4 of the Sandoval County Subdivision Regulations.

A. Type Three subdivisions containing five or fewer parcels, ~~any one of which is less than 3 acres,~~ and all Type Five Subdivisions shall be subject to the following Summary Procedure:

B. The following shall by submitted to the County Planning Administrator:

1. A paper copy of the preliminary plat without contour lines;

2.Well test report conforming to the requirements of Section 10 (F) (2) of this Appendix or Section 4A of this Appendix if the land to be subdivided is located within the Placitas Area;

3. proposed disclosure statement;

4. In the case of Summary Subdivisions of land within the Placitas Area, a grading and drainage plan that complies with the requirements of Section 10 (H) of this Appendix.

5. inspection fee in the amount of $100.00;

C. Section 3 of this Appendix shall not apply

D. ~~In lieu of the requirements in Section 4A of this Appendix,~~ In order for a Summary Subdivision to receive approval under this Section, the following requirements shall be met:

1. A modified terrain management plan ~~which~~ that includes:

a. the subdivider shall stake the proposed lot corners and the location

of proposed roads and drainage structures in such a manner that a

physical inspection can be made of the proposed subdivision.

b. The County Planning Administrator and any other County official(s) whose expertise is deemed necessary by the County Planning Administrator shall make a physical inspection of the proposed subdivision to determine the following, at a minimum:

i. adequacy and safety of the proposed roads to ensure that

they do not exceed the maximum grade as indicated in the

Appendix;

ii. adequacy of drainage structures and channels to prevent

erosion;

iii. the infrastructure needs of the proposed subdivision.

E. Subsequent to the physical inspection the County Planning Administrator may make

additional requirements to satisfy any inadequacies revealed by the inspection.

F. WATER QUANTITY AND MINIMUM LOT SIZE DETERMINATION

The requirements of Section 4A of this Appendix shall apply to all Summary Subdivisions of land within the Placitas Area as defined by this Ordinance. In the remainder of the Development Area, in lieu of the requirements of Section 4A of this Appendix, no lots shall be sold, offered for sale, or otherwise transferred without proof of water availability as provided below:

1. The subdivider shall prove that water exists within the boundaries of

the proposed subdivision in sufficient quantity to deliver 85 gallons per capita

per day per dwelling unit plus water needed for outdoor landscaping up to a maximum of .5 acre feet/year for all uses combined. Each individual lot owner, shared

well or community water system shall be metered and shall submit a semiannual

water reading to the State Engineer Office. The number of individuals per dwelling

unit will be determined in the same manner as that used by the New Mexico State Environment Department (NMED) Liquid Waste Disposal

Regulations, January 1990, for design flow. (Note that the NMED design

flow calculations are based on 75 gallons per capita per day use. The required

water quantity delivery per person per dwelling unit of 85 gallons per day is

slightly higher due to the addition of an evaporative cooler and water softener

to the total water consumption per person per household. The design flow

criteria of the NMED shall be used to compute the liquid waste disposal

requirement.) Water quantity will be determined by either utilizing an existing

well or physically drilling a well within the boundaries of the proposed

subdivision and performing a well test.

2. If a new well is required, it will be opened and run for a period of 24 hours

at a volume equaling .3 gallons per minute per dwelling proposed to be

serviced by that well. Measurements of the water level in the well will be

taken as follows:

a. before well test begins;

b. at 3, 6 and 24 hours;

c. at the end of the test;

d. 24 hours after the end of the test;

A well test report form prescribed by the County will be completed and signed by the person performing the well test, attesting to its accuracy. A well test performed without excessive fall in the water level and with adequate recovery of the water level after the test, utilizing applicable standards developed by the Office of the State Engineer, will satisfy the requirement of this section. A final copy of the well-test report shall be attached to and made a part of the Disclosure Statement and recorded along with that Statement and the plat of the Summary Subdivision in the Office of the Sandoval County Clerk.

3. If a pre‑existing well is to be used for the water quantity assessment, data shall be obtained either through the above procedure (Item F, 2) or other available technological means ~~which~~ that meet the water quantity requirements stated within this Summary Plat Procedure.

4. Minimum lot size shall be determined by the requirements of the Sandoval County Comprehensive Zoning Ordinance.

G. Sections 4B, 4C, and 4D of this Appendix shall apply to the Summary Procedure. The Disclosure Statement for subdivisions approved under this section shall contain all information required for such Statements under Section 4.2.5 of the Sandoval County Subdivision Regulations.

H. GRADING AND DRAINAGE All Summary Subdivisions of land located within the Placitas Area shall be accompanied by a Grading and Drainage plan that complies with the following requirements:

1.The plan shall show to the satisfaction of the County Engineer that construction or paving on any lot within the Placitas Area shall not increase the damage potential to upstream, downstream, or adjacent properties or public facilities. Damages shall be defined as those caused by flooding from the 100-year design storm and all smaller storms and from erosion and sedimentation resulting from the 10-year design storm and all smaller storms.

2. Minimum criteria for hydrology and hydraulic calculations and design within the Plan shall be as described in Volume 2, Development Process Manual, City of Albuquerque latest revision, or the AHYMO version of the ARS HYMO Computer Program. Calculations shall accompany the plan.

3. The County Engineer shall approve the Grading and Drainage Plan prior to submission of the Summary Subdivision plat to the Planning & Zoning Commission for review.

I. SPECIAL REVIEW PROCEDURE For Summary Subdivisions of land located within the Placitas Area the following review procedure shall apply in lieu of that prescribed in Article 4 of the Sandoval County Subdivision Regulations:

1. Application. Upon completion of the applicable requirements outlined in Section 10 A-H of this Appendix and upon a written determination by the County Planning Administrator that the Summary Subdivision is complete for review by the Planning & Zoning Commission, the subdivider shall submit the following to the County Planning Administrator:

a. Ten (10) copies of the plat showing contour lines.

b.Proposed disclosure statement.

c.Grading and drainage plan approved by the County Engineer.

d.All materials related to the water supply plan for the subdivision, including any well test(s) completed to satisfy the requirements of Section 4 of this Appendix as well as any review comments related to such well tests from the Office of the State Engineer.

e. Review letters from the Fire Marshal and the County Sheriff.

f. A review fee in the amount of $100.

g. Any other supplementary material deemed necessary by the County Planning Administrator.

2. Notice of Public Hearing. Upon receipt of the above materials and a determination that the application is complete, the County Planning Administrator shall schedule the Summary Subdivision for review and rendering of a decision by the Planning & Zoning Commission at a public hearing. Notification of the public hearing held pursuant to this section shall be published in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing. In addition, notice of the public hearing shall be mailed by certified mail, return receipt requested to:

a.the applicant(s)

b.the owner(s), as shown by the records of the County Treasurer, of the land for which the subdivision is requested, if different from the applicant(s); and

c.the owner(s), as shown by the records of the County Treasurer, of Adjacent Property as defined under this Appendix. If any notice is returned as undeliverable, the County shall attempt to discover the addressee’s most recent address and shall remit the notice by certified mail, return receipt requested.

3. Public Hearing and Decision. At the public hearing, the County shall allow all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing, and to examine witnesses testifying at the hearing. The decision of the Planning & Zoning Commission on a Summary Subdivision shall be based on the review of the application materials submitted, the recommendation of the County Planning Administrator, and any other such additional data, views, or arguments as the Planning & Zoning Commission may allow. Hydrology testimony must be submitted in writing prior to the public hearing.

4.Appeal. The decision of the Planning & Zoning Commission on a Summary Subdivision under this section shall be final unless appealed to the Board of County Commissioners within thirty (30) days of the date of the Planning & Zoning Commission’s decision. Any appeals to a Planning & Zoning Commission decision under this section shall be filed in accordance with the requirements of Section 4.1.7 of the Sandoval County Subdivision Regulations. The Board of County Commissioners shall conduct the appeal hearing pursuant to Section 12.2 of those Regulations and as provided by State law.

5. Recording. A summary subdivision plat approved under this section and its accompanying materials may not be recorded until the Chairman of the Planning & Zoning Commission and the County Planning Administrator sign the plat. Neither the Chairman nor the County Planning Administrator shall sign an approved summary plat until any appeal filed under this Section is decided, or the time for filing such an appeal is expired. The summary plat is in effect only after having been recorded in the Office of the County Clerk within one (1) year after the date of approval of the plat by the Planning & Zoning Commission.

SECTION 11

ENFORCEMENT

The requirements of this Appendix may be enforced by the County Planning Staff to the full extent of the applicable laws, subject to the terms and conditions of Article 13 of the Sandoval County Subdivision Regulations and provided further that:

A. Upon approving a Summary Plat, the County Planning Administrator reserves jurisdiction to subsequently determine whether plat approval should be suspended or revoked as to the unsold or unleased portions of the plat because of:

1.Any intentional material misstatement of fact in the disclosure statement or of any information provided by the subdivider upon which the County Planning Administrator relied;

2. A subsequent failure to comply with a material provision of the disclosure statement or a subsequent failure to comply with county summary plat procedures or any additional conditions placed thereon which are in effect at the time of plat approval as to that particular plat.

SECTION 8

SECTION 10

SECTION 11

County Attorney