Legislative Hearings.
Conduct of Hearing.
Testimony may be presented by the owner/applicant, any member of the public, and by the County or other affected governmental entities. Testimony need not be submitted under oath or affirmation. The Hearing Officer, Planning Commission or Board may establish a time limit for testimony and may limit testimony where it is repetitive.
Special Rules: Contested Zoning Matters.
If the owners of twenty percent or more of the area of the land or representing more than twenty percent (20%) of the lots included in an area proposed to be changed by a zoning regulation, or within one hundred feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a two-thirds vote of the Board. NMSA 1978, section 3-21-6(C).
Planning Commission Recommendation.
The Planning Commission shall make a written recommendation to the Board on any application requiring final approval of the Board that an application be approved, approved with conditions, or denied. If an application requiring final approval of the Board has been duly submitted to the Planning Commission, and the Planning Commission has failed to convene a quorum or to make a recommendation approving, approving with conditions or denying such development approval at two (2) meetings on the application, the application shall move to the Board without a recommendation unless the Applicant waives this requirement and agrees in writing to any additional Planning Commission meetings.
Minutes.
Written verbatim minutes shall be prepared and retained with the evidence submitted at the final hearing. Verbatim or summary minutes shall be prepared and retained with the evidence submitted at a preliminary hearing.
Board Action.
The Board shall hold a public hearing to consider a legislative application. The Board shall duly consider the recommendation of the Planning Commission.
Quasi-Judicial Public Hearings.
Conduct of Hearing.
Any person or persons may appear at a quasi-judicial public hearing and submit evidence, either on their own behalf or as a representative. Each person who appears at a public hearing shall take a proper oath and state, for the record, his/her name, address, and, if appearing on behalf of an association, the name and mailing address of the association. The hearing shall be conducted in accordance with the procedures set forth in the Board’s Rules of Order. At any point, members of the Board, the Planning Commission or the Hearing Officer conducting the hearing may ask questions of the owner/applicant, staff, or public, or of any witness, or require cross-examination by persons with standing in the proceeding to be conducted through questions submitted to the chair of the Board, Planning Commission or to the Hearing Officer, who will in turn direct questions to the witness. The order of proceedings shall be as follows:
1. The Administrator, or other County staff member designated by the Administrator, shall present a description of the proposed development, the relevant sections of the SGMP, area, district or community plans, the SLDC, and state and federal law that apply to the application, and describe the legal or factual issues to be determined. The Administrator or County consultant or staff member shall have the opportunity to present a recommendation and respond to questions from the Board, Planning Commission or Hearing Officer concerning any statements or evidence, after the owner/applicant has had the opportunity to reply;
2. The owner/applicant may offer the testimony of experts, consultants or lay witnesses and documentary evidence that the owner/applicant deems appropriate, subject to cross-examination by adverse parties with standing within reasonable time limits established by the Board, Planning Commission or Hearing Officer;
3. Testimony, including expert, consultant or lay witnesses and relevant documentary evidence for or against the application, from the public, governmental agencies or entities and interested parties with standing, shall be received, subject to reasonable time limits established by the Board, Planning Commission or Hearing Officer, subject to cross-examination by the owner/applicant, any adverse interested party with standing, or by the County;
4. The owner/applicant may reply to any testimony or evidence presented, subject to cross-examination;
5. The Board, Planning Commission or Hearing Officer may pose questions to the owner/applicant, the County, any consultant or lay witness at any time during the hearing concerning any statements, evidence, or applicability of policies and regulations from the SGMP, the SLDC, other County ordinances and regulations, any applicable area, or community plan, or other governmental law or recommendations; and
6. The Board, Planning Commission or Hearing Officer conducting the hearing shall close the public portion of the hearing and conduct deliberations. The Board or Planning Commission may elect to deliberate in a closed meeting pursuant to the Open Meetings Act, NMSA 1978, section 10-15-1 et seq.
When Conducted.
For an application for approval of a preliminary plat, the first public hearing shall take place within thirty (30) days from the receipt of all requested public agency opinions where all such opinions are favorable, or within thirty (30) days from the date that all public agencies complete their review of additional information submitted by the subdivider pursuant to NMSA 1978, section 47-6-11. If a requested opinion is not received within either thirty-day period, the public hearing shall be conducted notwithstanding.
Minutes.
Written verbatim minutes shall be prepared and retained with the evidence submitted at the final hearing conducted on an application.
