[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 10-4 of the 1980 Code. Amendments noted where applicable.]
Zoning — See Sec. 10-1.
Subdivision regulations — See Sec. 10-2.
The Village of Bosque Farms shall not annex any area, land, or property unless requested to do so by the owners of the property or to safeguard against any threat to the health or safety of the citizens of the Village of Bosque Farms.
Any request for annexation of a relatively small area which would establish a zone district that is inconsistent or incompatible with the adjoining area and which might bring about a detriment to that area shall be considered inappropriate and shall be given a negative recommendation from the Planning and Zoning Commission to the Village Council, unless it is demonstrated that the public welfare will be served.
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
The only acceptable method of annexation to the Village shall be by petition of property owners in accordance with NMSA 1978, § 3-7-17.
All landowners petitioning annexation to the Village of Bosque Farms shall agree to pay all of the Villages costs incurred by the annexation process and the cost to extend public utilities to their properties.
In order to meet the access demands required for utilities, paved roadways, and emergency services, no request for annexation shall be considered until the access easements of each property meet the standards of the Village of Bosque Farms.
All properties petitioning annexation to the Village of Bosque Farms must provide documents of recorded surveys.
Application. Applications for annexation to the Village of Bosque Farms must be obtained from and returned to the Planning and Zoning Administrator/Officer on prescribed forms, accompanied by an administrative fee of $500. A completed, signed, and notarized application form must be received by the Planning and Zoning Administrator/Officer at least 20 days prior to the Commission meeting date when the application will be considered. Each application for annexation shall contain the information necessary to fulfill the requirements listed in § 10-4-3. Submission of inaccurate information with an application is grounds for denial.
Posting. Applicants requesting annexation to the Village of Bosque Farms shall post and maintain one or more signs on the properties as provided and where instructed by the Planning and Zoning Administrator/Officer, at least 15 days prior to the advertised special meeting date. Posting shall be on a dedicated structure at least three feet high and large enough to receive the form. The sign shall be placed in such a location that it can readily be viewed from the nearest roadway.
Planning and Zoning Commission recommendation. All applications for annexation to the Village of Bosque Farms shall first be reviewed by the Commission. The Commission shall hold a public meeting to evaluate all proposed annexation requests and shall submit its recommendation in writing to the Bosque Farms Village Council. If the Commission fails to make such a written recommendation to the Council within 45 days after receipt thereof, then the Council shall act upon said application without a recommendation from the Commission.
Final public hearing. The Bosque Farms Village Council shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. The notice of public meeting published 15 days before the Council meeting shall be considered sufficient notice if it also has included the time and place of the public hearing to be held by the Council.
Decision. The final decision shall be by ordinance passed by the Bosque Farms Village Council at a regularly scheduled Council meeting following proper advertising.