The specific procedural requirements for each type of application are set forth in
Applicants required to conduct a pre-application meeting with the Technical Advisory Committee shall do so prior to filing an application. During the meeting, the applicant will discuss the application in general but in enough detail so that a reasonable assessment can be made of its compliance with the SLDC. The meeting should include a discussion of requirements of the SLDC that are applicable to the application, the procedure to be followed, notice to be provided, schedule for review and hearing, the studies, reports and assessments to be undertaken, and other relevant subjects. Technical requirements may also be discussed. After the meeting, County staff will provide the applicant with a written summary of the relevant issues to be covered by the applicant in its submittal materials.
See
§ 4.4.6 for Completeness review.
See
§ 4.4.7 Agency Review and Opinions.
See
§ 4.4.8 Land Use Facilitation.
Review and Final Action by the Administrator.
Within ten (10) days of the receipt of all necessary agency review opinions, or as soon thereafter as possible, the Administrator shall complete the review. If an application has been referred for agency or department review under Section
4.4.7 and referral comments have not been received by the Administrator within thirty (30) days, then the Administrator shall complete the application review absent the comments. Provided however, that if a referral agency indicates in writing to the Administrator that more time is needed to complete its review, the Administrator may extend time for completing his/her application review by an additional fifteen (15) days. Following completion of the review, the Administrator may take final action, make the appropriate recommendation to the Planning Commission or the Board, or may take other appropriate action. The Administrator may, in the Administrator’s discretion, refer an Application that is committed to the Administrator’s authority for review and final action to the Planning Commission or the Board. Consistent with Chapter 12 herein, all final actions on applications for approval shall contain a finding as to whether the application addresses the adequacy of public facilities and services associated with the proposed development. Failure to meet the adequate public facilities and services requirements in Chapter 12, either because both the proposed development is located in a sustainable development area other than SDA-1 and adequate public facilities are not available, or because a level of service is not met, may result in an application being denied.
Review and Final Action by the Planning Commission or the Board.
Upon receipt of a complete application and appropriate recommendation of the Administrator or the Hearing Officer, the Planning Commission or the Board shall review the application for compliance with the SLDC and other applicable law. Following completion of the review and following a public hearing on the application, the Planning Commission or the Board, as applicable may take final action, make the appropriate recommendation or take other appropriate action.
Conditions.
In acting upon an application, the decision-making body shall be authorized to impose such conditions upon the application as allowed by law and as may be necessary to reduce or minimize any potential adverse impact upon other property in the area or to carry out the general purpose and intent of the SLDC, so long as the condition relates to a situation created or aggravated by the proposed use and is roughly proportional to its impact.
Notice of Decision by the Administrator.
Written notice of a final decision of the Administrator to approve an application or approve an application with conditions shall constitute the issuance of the permit. Written notice of a final decision of the Administrator to deny an application shall be provided to the Applicant and a copy shall be filed in the office of the Administrator. If an Application has not been approved, the specific reasons for disapproval shall be indicated in the written notice.
Notice of Decision by the Planning Commission of the Board; Findings of Fact, Conclusions of Law.
Written notice of a final decision of the Planning Commission or the Board to approve, or approve with conditions, an application which can be in the form of a development order, shall constitute the issuance of the permit. Staff or the Hearing Officer, where one is used, shall prepare findings of fact and conclusions of law as required by NMSA 1978, section 39-3-1.1 to document final action taken on each application. Such findings and conclusions shall be approved by the decision-making body and filed with the County Clerk.
Reapplication.
After final action by the Administrator, or abandonment of an application, another application shall not be filed within two years of the date of final action, or abandonment unless the new application is materially different from the prior application (e.g., a new use, a substantial decrease in proposed density and/or intensity) or unless there has been a material change to either the facts or law governing the application. After final action denying an application by the Planning Commission or the Board, another application shall only be filed if there is a material change to either the facts or law governing the application.
Withdrawal; Subsequent Applications.
An application may be withdrawn by the applicant at any time. However, if an applicant withdraws the application after a public hearing has been noticed in compliance with the SLDC and state law, an application requesting substantially the same use on all or part of the same described land shall not be considered or reconsidered within twelve (12) months of withdrawal.
See
§ 4.4: PROCEDURAL REQUIREMENTS for complete, detailed information.
See
Permit Application Inquiry for detailed information on Permits and Licenses.
