MapLink™ | Procedures | Developments of Countywide Impact (DCIs) Permitting

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Developments of Countywide Impact (DCIs) Permitting
Process.
Except as provided in § 11.3: APPLICABILITY; SEVERABILITY, a DCI shall require the prior establishment of a DCI Overlay Zoning District, a DCI Conditional Use Permit, and the issuance of grading and construction permits. Each DCI Overlay Zoning District shall be limited to a particular proposed development. An application of a DCI CUP shall not be considered until the Board has approved a DCI Overlay Zoning District and the Applicant has obtained all required state and federal environmental permits. All DCI CUPs shall be subject to conditions, including conditions regarding operations, maintenance, reclamation, and environmental protection.

Submissions.
Application for proposed DCI Overlay Zoning Districts and DCI CUPs shall be submitted, reviewed, and subjected to public hearing in accordance with CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs) and the provisions of the SLDC generally applicable to such submissions. In the event of a conflict between a requirement of CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs) and another provision of the SLDC, the more stringent requirement shall apply.

Existing DCI Uses.
A DCI established prior to January 1, 1981, that has been in continuous operation since its commencement may continue to operate in substantially the same manner as it did on January 1, 1981. A DCI that was approved by the County after January 1, 1981, but prior to the effective date of the SLDC on January 13, 2016, may continue to operate in accordance with the County permit, order or other formal County approval of the DCI. A significant change in the character, nature, extent, or size of any existing DCI, as determined by the Administrator, shall require approval of a DCI Overlay Zoning District and a DCI CUP.

Public Involvement. Any person may review applications, including supporting materials, and submit comments and information to the Hearing Officer, Planning Commission, and Board of County Commissioners regarding an application for a DCI Overlay Zoning District or DCI CUP.

Pre-application meeting.
Prior to the submission of an application for a DCI Overlay Zoning District or a DCI Conditional Use Permit, the Applicant shall conduct a pre-application meeting in accordance with § 4.4.4 Pre-ApplicationNeighborhood Meeting, and additionally, shall give notice to all residents, land owners, and applicable Registered Organizations and Community Organizations that are located within five (5) miles of the boundaries of the proposed or approved DCI Overlay Zoning District.

Costs, Fees, and Financial Assurance.
Cost of Compliance.
The Applicant or Permittee, as applicable, shall be responsible for the full cost of compliance with Chapter 11 and other applicable provisions of the SLDC, including the cost of preparing required applications and other submittals, public notice, data collection, permit compliance, reporting, and the construction and maintenance of improvements required under the SLDC. All technical reports, plans, and other submittals required under CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs) shall be prepared and carried out by a team of professionals qualified in the relevant areas of inquiry, including geology, hydrology, chemistry, biology, archeology, anthropology, cultural and historic sites, terrain management, environmental protection, engineering and reclamation. Where required in specific sections of Chapter 11, a professional engineer’s certification and stamp shall be required.

Fees; Cost of County Review and Oversight.
The Applicant or Permittee, as applicable, shall pay the full cost of technical review by such qualified outside consultants as may be retained by the County, the County’s cost of conducting required or authorized DCI inspections, and such other costs or fees as may be required or allowed under the SLDC, County Ordinance No. 2015-10, or other ordinance, as the same may be amended or replaced from time to time.

See § 11.563 for detailed information on Financial Assurance.

Compliance with Federal and State Laws and Regulations.
All DCI CUPs shall require the permitted DCI to be commenced, operated, maintained, monitored and reclaimed in accordance with SLDC and all applicable federal and state laws and regulations.

Maps.
All maps shall be prepared in CAD or GIS format compatible with the Santa Fe County ESRI GIS System, NAD1983 State Plane New Mexico Central FIPS 3002 US Feet. The Applicant shall coordinate with the County to provide electronic, paper, and pdf copies of the CAD and GIS files. The scale of the pdf and paper maps may vary provided that each map clearly illustrates the applicable features on letter or tabloid sized paper and can be reproduced using the GIS and CAD data. All topographic maps shall be submitted with two (2) foot contours.
 
Inspection and Request for Records.
Representatives of the County may at any time and without notice conduct inspections of a DCI during normal business hours to verify compliance with the DCI CUP and the SLDC. During such inspection, the Permittee shall provide for review such monitoring and other data as the County inspector may request and provide complete access to the site subject only to health and safety considerations. The Permittee shall pay an annual inspection fee and, if the County retains a consultant to assist in conducting the inspection, the consultant’s fee in accordance with County Ordinance No. 2015-10. The Permittee shall provide the Administrator with such records and data related to compliance with the DCI CUP and SLDC within thirty (30) days of the Administrator’s written request for such records and data.

Expiration and Revocation; Continuing Obligations.
The Administrator may recommend, and the Board may specify an expiration date for a DCI CUP based on the nature and expected duration of the DCI at issue. The minimum term shall be five (5) years. If the Permittee submits an administratively complete application for a new DCI CUP prior to the expiration date, the existing DCI CUP shall continue in full force and effect until the new application is approved, denied, or withdrawn, at which time the prior DCI CUP shall terminate. Upon the Board’s approval of a new DCI CUP, the new CUP shall supersede and entirely replace the prior DCI CUP. If no new DCI CUP is approved, the reclamation, monitoring, environmental compliance, and Financial Guaranty requirements imposed under an expired or revoked DCI CUP shall survive expiration or revocation, as applicable, and continue in full force and effect until the Permittee has fully complied with all such requirements. The Board may revoke a DCI CUP prior to its expiration pursuant to § 11.5.12 Remedies for Non-Compliance.

See § 11.5.11 Assignment.
See § 11.5.12 Remedies for Non-Compliance.

See CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs) for complete, detailed information.