SB0315

SENATE BILL 315

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Bill B. O'Neill

AN ACT

RELATING TO PLANNING; ALLOWING FOR A MUNICIPAL OR COUNTY COMPREHENSIVE PLAN; CLARIFYING THE ROLE OF A PLANNING COMMISSION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 3-19-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-1) is amended to read:

"3-19-1. CREATION OF PLANNING COMMISSION.--A municipality is a planning authority and may:

A. by ordinance:

[A.] (1) establish a planning commission;

[B.] (2) delegate to the planning commission:

[(1)] (a) the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting and zoning; and

[(2)] (b) other power, authority, jurisdiction and duty incidental and necessary to carry out the purpose of [Sections 14-18-1 through 14-18-12 New Mexico Statutes Annotated, 1953 Compilation] Chapter 3, Article 19 NMSA 1978; and

[C.] (3) retain [to the governing body] as much of this power, authority, jurisdiction and duty as it desires; and

[D.] B. by resolution, adopt, amend, extend and carry out a [general municipal or master plan which may be referred to as the general or master] comprehensive plan."

SECTION 2. Section 3-19-4 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-4) is amended to read:

"3-19-4. POWERS OF COMMISSION.--

A. A planning commission shall have such powers as are necessary to:

(1) fulfill and perform its functions;

(2) promote municipal planning; and

(3) carry out the purposes of [Sections 14-18-1 through 14-18-12 New Mexico Statutes Annotated, 1953 Compilation] Chapter 3, Article 19 NMSA 1978.

B. A planning commission may:

(1) make reports and recommendations for the planning and development of the municipality to:

(a) public officials and agencies;

(b) public utility companies;

(d) citizens; and

(2) recommend to the administrative and governing officials of the municipality programs for public improvements and their financing.

C. Members and employees of the planning commission, in the performance of its function, may:

(1) enter upon any land;

(2) make examinations and surveys; and

(3) place and maintain necessary monuments and markers upon the land.

D. Upon request, a public official shall furnish within a reasonable time available information [which] that the planning commission requires for its work."

SECTION 3. Section 3-19-6 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-6, as amended) is amended to read:

"3-19-6. SUBDIVISION REGULATIONS.--

A. The planning authority of a municipality shall adopt regulations governing the subdivision of land within the planning and platting jurisdiction of the municipality. The subdivision regulations shall be approved by the governing body before they become effective. The subdivision regulations may provide for:

(1) the harmonious development of the municipality and its environs;

(2) the coordination of streets within the subdivision with existing or planned streets or other features of the [master] comprehensive plan [or official map] of the municipality;

(3) adequate open space for traffic, recreation, drainage, light and air; and

(4) the distribution of population and traffic [which tend] that tends to create conditions favorable to the health, safety, convenience, prosperity or general welfare of the residents of the municipality.

B. Subdivision regulations may govern:

(1) the width of streets;

(2) the width, depth and arrangement of lots;

(3) land use, including natural drainage;

(4) other matters necessary to carry out the purposes of the Municipal Code; and

(5) the extent and manner in which:

(a) streets are graded and improved; and

(b) water, sewer and other utility facilities are installed as a condition precedent to the approval of a plat.

C. The subdivision regulations or the practice of the planning commission may allow [tentative] preliminary approval of the plat previous to the completion of improvements and the installation of utility facilities, but such [tentative] preliminary approval shall not be entered on a plat. In lieu of the completion of improvements and the installation of utility facilities previous to the final approval of a plat, the subdivision regulations may provide for:

(1) assessment or other methods whereby the municipality makes the improvements and installations at the cost of the owner of property within the subdivision; [or]

(2) acceptance of a bond, in an amount and with surety and conditions satisfactory to the planning commission, securing to the municipality the actual construction and installation of improvements and utility facilities within a period of time specified by the planning commission and expressed in the bond. A municipality may enforce such a bond by all appropriate and legal remedies; or

(3) in lieu of a bond, [the municipality may enter into] an agreement [with] between the municipality and a person seeking approval of a subdivision whereby the person seeking approval shall, within two years following final approval of the plat, complete the improvements and the installation of utility facilities provided for in the person's application for subdivision approval, except that the agreement set forth herein may provide that the person seeking approval shall be permitted by the municipality to sell or otherwise dispose of or improve any lot within the subdivision to which improvements and utility facilities have been provided by the person seeking approval at any time within the two-year period. Any such agreement shall be recorded with the county clerk at the time of filing [said] the plat.

D. The governing body or planning commission of the municipality shall hold a public hearing on the adoption of a subdivision regulation or an amendment to it. Notice of the time and place of the public hearing shall be published once at least fifteen days prior to the date of the public hearing.

E. If the requirement or restriction does not violate the zoning ordinance, the governing body or planning commission of the municipality may agree with a person seeking approval of a subdivision upon the use, height, area or bulk requirement or restriction governing buildings and premises within the subdivision. The requirement or restriction shall:

(1) accompany the plat before it is approved and recorded;

(2) have the force of law;

(3) be enforced; and

(4) be subject to amendment or repeal as the provisions of the zoning ordinance and map are enforced, amended or repealed."

SECTION 4. Section 3-19-11 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-18-11, as amended) is amended to read:

"3-19-11. LEGAL STATUS OF [MASTER] A COMPREHENSIVE PLAN.--

A. After a [master] comprehensive plan or any part thereof has been approved and within the area of the [master] comprehensive plan or any part thereof so approved, the approval of the planning commission or governing body is necessary to construct, authorize, accept, widen, narrow, remove, extend, relocate, vacate, abandon, acquire or change the use of any:

(1) park, street or other public way, ground, place or space;

(2) public building or structure; or

(3) utility, whether publicly or privately owned.

B. The failure of the planning commission to act within sixty-five days after the submission of a proposal to it constitutes approval of the proposal unless the proponent agrees to an extension of time. If the planning commission disapproves a proposal, it must state its reasons to the governing body. The governing body may overrule the planning commission and approve the proposal by a [two-thirds] two-thirds', vote of all its members.

C. None of the provisions of Chapter 3, Article 19 NMSA 1978 shall apply to any existing building, structure, plant or other equipment owned or used by any public utility or the right to its continued use or its reasonable repair or alteration for the purpose for which it was used at the time the [master] comprehensive plan or any part thereof affecting the property takes effect. After the adoption of the [master] comprehensive plan or any part thereof affecting the property, all extensions, betterments or additions to buildings, structures, plants or other equipment of any public utility shall be made in conformity with the [master] comprehensive plan or any part thereof affecting the property and upon the approval of the [planning commission] municipality. After a public hearing, the [state corporation commission or the New Mexico public utility] public regulation commission or the regulatory agency having jurisdiction or their successors having jurisdiction, as the case may be, may order that the extensions, betterments or additions to buildings, structures, plants or other equipment are reasonable and that the extensions, betterments or additions may be made even though they conflict with the adopted [master] comprehensive plan or any part thereof affecting the property.

D. Any public agency or official that is not under the jurisdiction of the governing body of the municipality and that is authorizing or financing a public way, ground, place, space, building, structure or utility shall submit the proposal to the [planning commission] municipality. If the [planning commission] municipality disapproves the proposal, the board of the public agency by a two-thirds' vote of all its members or the official may overrule the [planning commission] municipality and proceed with the proposal subject to the provisions of Subsection C of this section."

SECTION 5. A new section of Chapter 3, Article 19 NMSA 1978 is enacted to read:

"[NEW MATERIAL] COMPREHENSIVE PLAN--ELEMENTS--NOTICE--REVIEW.--

A. A comprehensive plan is a plan for the development of land use, infrastructure, public facilities, natural resources and economic development within the jurisdiction of the municipality. A comprehensive plan is developed through a public participation process and establishes the basis for enacting policies, programs and regulations pertaining to the long-term development of the municipality. A comprehensive plan may include the following elements:

(1) a community profile, including:

(a) physical characteristics and regional setting;

(b) historical background and cultural resources;

(d) a summary of community input received during the plan development process;

(2) land use and housing, including:

(a) inventory of land use;

(b) housing characteristics, affordability and needs; and

(3) transportation, including:

(a) roadway and rail networks;

(b) aviation facilities;

(d) pedestrian walkways and trails;

(e) parking availability; and

(f) goals, objectives and policies for transportation and circulation in the area;

(4) water resources, including:

(a) surface and ground water resources;

(b) water supply systems;

(d) drainage and stormwater management systems;

(e) agricultural activities; and

(f) goals, objectives and policies for sustainable water resources;

(5) natural resources, including:

(a) geology and geography of the area;

(b) park land and open space;

(d) goals, objectives and policies to protect and preserve natural resources in the area;

(6) economic development, including:

(a) assessment of the local economy;

(b) business and commercial development districts;

(d) adult education and work force training; and

(e) goals, objectives and policies for promoting local economic development;

(7) public facilities and services, including:

(a) government facilities;

(b) community services and programs;

(d) health care facilities;

(e) telecommunication and utility systems;

(f) waste management systems;

(g) natural and man-made hazards to the area;

(h) public safety and emergency response; and

(i) goals, objectives and policies for public facilities and services; and

(8) implementation, including:

(a) actions to achieve the goals, objectives and policies stated in the comprehensive plan;

(b) priorities and timing of actions;

(d) conformance with related plans, programs and regulations.

B. If a governing body of a municipality delegates to a planning commission the authority to carry out the provisions of Chapter 3, Article 19 NMSA 1978 relating to a comprehensive plan, the planning commission shall submit a recommendation on the comprehensive plan to the governing body of the municipality. Before submission of the comprehensive plan, the planning commission shall hold at least one public hearing. Notice of the time and place of the hearing shall be published at least fifteen days before the planning commission submits the recommendation to the governing body of the municipality. Prior to publication of the notice, copies of the comprehensive plan or any part thereof shall be made available to any citizen at the office of the municipal clerk.

C. Before adoption of a comprehensive plan or any part thereof, the governing body of a municipality shall hold at least one public hearing. Notice of the time and place of the hearing shall be published at least fifteen days before the day of the hearing. Prior to the publication of the notice, copies of the comprehensive plan or any part thereof shall be made available to any citizen at the office of the municipal clerk.

D. An adopted comprehensive plan provides guidance for the following actions that may be undertaken by the governing body:

(1) adopting or amending the zoning ordinance, subdivision regulations, neighborhood or district plans, and other land development regulations;

(2) establishing priorities and funding for capital improvement programs and projects; and

(3) improving the delivery and efficiency of local government services.

E. A comprehensive plan adopted by the municipality shall be reviewed by the governing body of the municipality at least once every five years. If necessary, the comprehensive plan shall be updated to reflect changed circumstances regarding the development of the subject area, subject to the notice and hearing requirements pursuant to Subsection C of this section."

SECTION 6. Section 3-40-1 NMSA 1978 (being Laws 1973, Chapter 395, Section 4) is amended to read:

"3-40-1. CEMETERIES--AUTHORIZATION.--

A. Subject to the provisions of law relating to the maintaining of cemeteries, a municipality may establish, maintain and regulate a municipal cemetery and may acquire within the planning and platting jurisdiction of the municipality or condemn within the municipality in the manner provided by law any property for cemetery purposes. Any property acquired for cemetery purposes by condemnation shall be acquired at a location that is in compliance with a municipality's [master] applicable comprehensive plan.

B. A municipality may abandon any street within a municipal cemetery, provided that ownership is retained by the municipality and the abandoned street is used for a municipal purpose."

SECTION 7. Section 4-57-1 NMSA 1978 (being Laws 1967, Chapter 150, Section 1) is amended to read:

"4-57-1. CREATION OF PLANNING COMMISSION.--

A. Any county may:

(1) by ordinance:

(a) establish a planning commission;

(b) delegate to the planning commission: 1) the power, authority, jurisdiction and duty to enforce and carry out the provisions of law relating to planning, platting and zoning; and 2) any other power, authority, jurisdiction and duty incidental and necessary to carry out the provisions of Chapter 4, Article 57 NMSA 1978; and

(2) by resolution adopt, amend, extend and carry out a comprehensive plan.

B. A county planning commission shall consist of not less than five [(5)] members who shall be appointed by the board of county [commission] commissioners. Administrative officials of the county may be appointed as ex-officio nonvoting members of the planning commission."

SECTION 8. Section 4-57-2 NMSA 1978 (being Laws 1967, Chapter 150, Section 2) is amended to read:

"4-57-2. POWERS AND DUTIES OF COMMISSION.--

A. A county planning commission shall have such powers as are necessary and proper to fulfill and perform its functions, carry out the purposes of Chapter 4, Article 57 NMSA 1978 and promote county planning. Such planning shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county [which] that will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.

B. A county planning commission may:

(1) make reports and recommendations for the planning and development of the county to any other individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency of the state or any other legal entity or their legal representatives, agents or assigns;

(2) recommend to the administrative and governing officials of the county programs for public improvements and their financing; and

(3) prepare and recommend to the board of county commissioners a comprehensive plan pursuant to Section 9 of this 2013 act."

SECTION 9. A new section of Chapter 4, Article 57 NMSA 1978 is enacted to read:

"[NEW MATERIAL] COMPREHENSIVE PLAN--ELEMENTS--NOTICE-- REVIEW.--

A. A comprehensive plan is a plan for the development of land use, infrastructure, public facilities, natural resources and economic development within the jurisdiction of the county. A comprehensive plan is developed through a public participation process and establishes the basis for enacting policies, programs and regulations pertaining to the long-term development of the municipality. A comprehensive plan may include the following elements:

(1) a community profile, including:

(a) physical characteristics and regional setting;

(b) historical background and cultural resources;

(d) a summary of community input received during the plan development process;

(2) land use and housing, including:

(a) inventory of land use;

(b) housing characteristics, affordability and needs; and

(3) transportation, including:

(a) roadway and rail networks;

(b) aviation facilities;

(d) pedestrian walkways and trails;

(e) parking availability; and

(f) goals, objectives and policies for transportation and circulation in the area;

(4) water resources, including:

(a) surface and ground water resources;

(b) water supply systems;

(d) drainage and stormwater management systems;

(e) agricultural activities; and

(f) goals, objectives and policies for sustainable water resources;

(5) natural resources, including:

(a) geology and geography of the area;

(b) park land and open space;

biodiversity; and

(d) goals, objectives and policies to protect and preserve natural resources in the area;

(6) economic development, including:

(a) assessment of the local economy;

(b) business and commercial development

districts;

(d) adult education and work force training; and

(e) goals, objectives and policies for promoting local economic development;

(7) public facilities and services, including:

(a) government facilities;

(b) community services and programs;

(d) health care facilities;

(e) telecommunication and utility systems;

(f) waste management systems;

(g) natural and man-made hazards to the area;

(h) public safety and emergency response; and

(i) goals, objectives and policies for public facilities and services; and

(8) implementation, including:

(a) actions to achieve the goals, objectives and policies stated in the comprehensive plan;

(b) priorities and timing of actions;

(d) conformance with related plans, programs and regulations.

B. If a board of county commissioners delegates to a planning commission the authority to carry out the provisions of Chapter 4, Article 57 NMSA 1978 relating to a comprehensive plan, the planning commission shall submit a recommendation on the comprehensive plan to the board of the county commissioners. Before submission of the comprehensive plan, the planning commission shall hold at least one public hearing. Notice of the time and place of the hearing shall be published at least fifteen days before the planning commission submits the recommendation to the board of county commissioners. Prior to publication of the notice, copies of the comprehensive plan or any part thereof shall be made available to any citizen at the office of the county clerk.

C. Before adoption of a comprehensive plan or any part thereof, the board of county commissioners shall hold at least one public hearing. Notice of the time and place of the hearing shall be published at least fifteen days before the day of the hearing. Prior to the publication of the notice, copies of the comprehensive plan or any part thereof shall be made available to any citizen at the office of the county clerk.

D. An adopted comprehensive plan provides guidance for the following actions that may be undertaken by the governing body:

(1) adopting or amending the zoning ordinance, subdivision regulations, neighborhood or district plans, and other land development regulations;

(2) establishing priorities and funding for capital improvement programs and projects; and

(3) improving the delivery and efficiency of local government services.

E. A comprehensive plan adopted by the county shall be reviewed by the board of county commissioners at least once every five years. If necessary, the comprehensive plan shall be updated to reflect changed circumstances regarding the development of the subject area, subject to the notice and hearing requirements pursuant to Subsection C of this section."

SECTION 10. Section 5-17-1 NMSA 1978 (being Laws 2009, Chapter 136, Section 1) is amended to read:

"5-17-1. SHORT TITLE.--[This act] Chapter 5, Article 17 NMSA 1978 may be cited as the "Infrastructure Development Zone Act"."

SECTION 11. Section 5-17-7 NMSA 1978 (being Laws 2009, Chapter 136, Section 7) is amended to read:

"5-17-7. ACTION ON PETITION AND SERVICE PLAN--CRITERIA.--

A. Within sixty days of a hearing held pursuant to Section [4 of the Infrastructure Development Zone Act] 5-17-4 NMSA 1978, the governing body shall disapprove the service plan, approve the service plan as submitted or conditionally approve the service plan subject to the submission of additional information relating to or modifying the proposed service plan.

B. The governing body shall disapprove the service plan unless evidence, satisfactory to the governing body, is presented that:

(1) the required number of taxpaying electors of the proposed infrastructure development zone have signed the petition;

(2) there is sufficient existing or projected need for organized service in the area to be serviced by the proposed infrastructure development zone;

(3) the existing service in the area to be served by the proposed infrastructure development zone is inadequate for present or projected needs;

(4) the proposed infrastructure development zone will be capable of providing economical and sufficient service to the area within its proposed boundaries;

(5) the area to be included in the proposed infrastructure development zone has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and

(6) the proposed infrastructure development within the infrastructure development zone is in compliance with any applicable comprehensive [master] plan adopted pursuant to [Section 3-19-9] Chapter 3, Article 19 or Chapter 4, Article 57 NMSA 1978.

C. The governing body may disapprove the service plan if evidence, satisfactory to the governing body, and at the discretion of the governing body, is not presented that:

(1) adequate service is not, or will not be, available to the area through the municipality, county or other existing political subdivisions, including existing infrastructure development zones, within a reasonable time and on a comparable basis;

(2) the facility and service standards of the proposed infrastructure development zone are compatible with the facility and service standards of each county or municipality within which the proposed infrastructure development zone is to be located;

(3) the proposal is in compliance with any existing municipal, county, regional or state long-range water quality management plan for the area; or

(4) the creation of the proposed infrastructure development zone will be in the best interests of the area proposed to be served.

D. The governing body may conditionally approve the service plan of a proposed infrastructure development zone upon satisfactory evidence that it does not comply with one or more of the criteria enumerated in Subsection C of this section. Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the governing body.

E. The findings of the governing body shall be based solely upon the service plan and evidence presented at the hearing by the petitioners and any interested party."

SECTION 12. Section 58-18-10 NMSA 1978 (being Laws 1975, Chapter 303, Section 10, as amended) is amended to read:

"58-18-10. PLANNING, ZONING AND BUILDING LAWS.--

A. All multiple-family dwelling projects and transitional [and] or congregate housing facilities shall be subject to any applicable [master] comprehensive plan, official map, zoning regulation, building code, housing ordinance and other laws and regulations governing land use or planning or construction of the municipality in which the project is or is to be located.

B. The authority shall provide a description of any multiple-family dwelling project or transitional or congregate housing facility for which it proposes to finance a project mortgage loan to the local governing body of the municipality in which the multiple-family dwelling project or transitional or congregate housing facility is or is to be located. The description shall include the proposed number and type of dwelling units and the location of the project. Unless the local governing body, by majority vote, disapproves the multiple-family dwelling project or transitional or congregate housing facility within thirty days after receipt of the description, the authority may finance a project mortgage loan on the project."

SECTION 13. Section 58-24-1 NMSA 1978 (being Laws 1983, Chapter 300, Section 1) is amended to read:

"58-24-1. SHORT TITLE.--[Sections 1 through 23 of this act] Chapter 58, Article 24 NMSA 1978 may be cited as the "Industrial and Agricultural Finance Authority Act"."

SECTION 14. Section 58-24-10 NMSA 1978 (being Laws 1983, Chapter 300, Section 10) is amended to read:

"58-24-10. PLANNING, ZONING AND BUILDING LAWS.--All projects and facilities shall be subject to any applicable [master] comprehensive plan, official map, zoning regulation, building code, ordinance and other laws and regulations governing land use or planning or construction of the municipality or county in which the project or facility is or is to be located."

SECTION 15. REPEAL.--Sections 3-19-7, 3-19-9, 3-19-10 and 3-19-12 NMSA 1978 (being Laws 1965, Chapter 300, Sections

14-18-7, 14-18-9, 14-18-10 and 14-18-12, as amended) are repealed.

SECTION 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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