Ordinance 2008-19
Editor’s note–The oil and gas overlay zoning district regulations adopted by Ordinance 2008-19 on December 9, 2008, is included at the end of this chapter as exhibit B. Due to the nature of the land development code and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Periods and other nonsubstantive changes were editorially supplied when appropriate to section and subsection numbering and capitalization. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended provisions. The absence of a history note indicates the material is unchanged from the original. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.
AN AMENDMENT TO THE SANTA FE COUNTY LAND DEVELOPMENT CODE FOR
THE UNINCORPORATED AREA OF THE COUNTY ENACTING AN ORDINANCE ESTABLISHING
AN OIL AND GAS OVERLAY ZONING DISTRICT GOVERNING OIL AND GAS EXPLORATION,
DRILLING, PRODUCTION, TRANSPORTATION; ABANDONMENT AND REMEDIATION;
PROVIDING FOR A THREE STEP DEVELOPMENT APPROVAL PROCESS FOR OIL AND
GAS PROJECTS INVOLVING: (1) DISCRETIONARY APPROVAL OF APPLICATIONS
FOR OIL AND GAS OVERLAY ZONING DISTRICT CLASSIFICATIONS; (2) DISCRETIONARY
APPROVAL OF SPECIAL USE AND DEVELOPMENT PERMITS; AND (3) SUBSEQUENT
MINISTERIAL APPROVAL OF GRADING AND BUILDING PERMITS AND A CERTIFICATE
OF COMPLETION; PROVIDING FOR CONSISTENCY WITH FEDERAL AND STATE STATUTES
AND REGULATIONS AND WITH THE COUNTY GENERAL PLAN INCLUDING BUT NOT
LIMITED TO A SEPARATELY ADOPTED OIL AND GAS ELEMENT OF THE GENERAL
PLAN; ESTABLISHING FOR THE GALISTEO BASIN: (1) A LAND ENVIRONMENTAL
SUITABILITY ANALYSIS; ESTABLISHING REQUIREMENTS FOR REPORTS, STUDIES,
PLANS AND ASSESSMENTS FOR REVIEW OF APPLICATIONS FOR DEVELOPMENT APPROVAL
OF OIL AND GAS OVERLAY ZONE DISTRICT CLASSIFICATIONS AS FOLLOWS: (1)
A GENERAL AND AREA PLAN CONSISTENCY REPORT; (2) AN ENVIRONMENTAL IMPACT
REPORT; (3) A FISCAL IMPACT ASSESSMENT; (4) AN ADEQUATE PUBLIC FACILITIES
AND PUBLIC SERVICES ASSESSMENT; (5) A WATER AVAILABILITY ASSESSMENT;
(6) AN EMERGENCY SERVICE AND PREPAREDNESS PLAN; (7) A TRAFFIC IMPACT
ASSESSMENT; AND (8) A GEOHYDROLOGICAL REPORT; DEVELOPMENT AGREEMENTS;
TRANSFER OF DEVELOPMENT RIGHTS; CAPITAL IMPROVEMENT AND SERVICE PROGRAMS,
PLANS AND BUDGETS FOR ROADS, STORMWATER DRAINAGE, FIRE, POLICE AND
EMERGENCY RESPONSE SERVICES; FINANCING OF PUBLIC FACILITIES AND SERVICES;
CREATION OF SPECIAL IMPROVEMENT DISTRICTS; PROVIDING FOR BONDING AND
INSURANCE REQUIREMENTS; CREATING STANDARDS FOR EQUIPMENT, OPERATIONS,
EMERGENCY SERVICE AND RESPONSE PLANS; SITE REMEDIATION; GRADING AND
SOIL DISTURBANCE, SPILLS AND LEAKS; LIGHTING, BUFFERS, LANDSCAPING
AND SCREENING, CLOSED LOOP SYSTEMS; OPERATING HOURS; TEMPORARY AND
PERMANENT ABANDONMENT; A DISCRETIONARY BENEFICIAL USE AND VALUE DETERMINATION
PROCESS; APPLICATION AND PERMIT FEES; AMENDING A PORTION OF SANTA
FE COUNTY ORDINANCE 1996-1, ARTICLE III, SECTION 5.2 DEFINING “MINERAL”;
AMENDING ARTICLE X OF THE LAND DEVELOPMENT CODE TO ADD NEW DEFINITIONS;
PROVIDING A TABLE OF CONTENTS AND APPENDICES BE IT ORDAINED BY THE
BOARD OF COUNTY COMMISSIONERS OF SANTA FE COUNTY:
