Each Application for approval of an Oil and Gas Overlay Zone shall be reviewed by the CDRC and the Board of County Commissioners:
(a) for consistency with the General Plan including the adopted Oil and Gas Element, and any applicable Area Plan including, but not limited to, a Galisteo Area Plan;
(b) to ensure that any environmental effects and impacts identified in the environmental impact report are appropriately mitigated;
(c) that adequate public facilities either exist or can be promptly funded as identified in the adequate public facilities assessment;
(d) that improvements identified in the adequate public facilities assessment can be provided as set forth in the capital improvement plan and when such facilities will be available;
(e) that water is available for the various phases of the oil and natural gas facility as set forth in the water availability assessment;
(f) that the impacts of traffic generated as a result of activities taking place in the proposed oil and gas overlay district can be mitigated;
(g) to determine whether the proposed location is compatible with adjoining uses given the size, design and operational characteristics of the proposed Oil or Gas Facility or Facilities, and whether the Facility or Facilities can be made compatible with the surrounding area by using reasonable efforts to mitigate any public nuisance or land use effects or impacts of operation of the Oil or Gas Facility or Facilities. Factors to be considered include impacts on property values, public safety, impacts on cultural, historical and archeological resources, emergency service response, wildlife and vegetation resources, noise, impacts on roads and highways, vibration, odor, glare, fire protection, access, visual impacts, and impacts upon air and water quality and quantity, the past performance of the Operator’s past compliance (or lack thereof) with federal, state and local laws pertaining to oil and gas exploration and production activities; and
(h) to determine whether the proposed Facility or Facilities will be detrimental to the safety, health, prosperity, order, comfort and convenience of the County pursuant to NMSA 1978, section 4-37-1.
