This section applies to specific oil and gas facilities within
the County. The regulations and approval processes established by
this section ensure that oil and gas activity is compatible with the
on- and off-site environment and adjacent properties and neighborhoods.
The specific purpose and intent of these provisions are to:
(a) provide
for the timely application for, and consideration of an oil and gas
overlay zoning district classification for specific oil or gas mineral
estates and/or oil and lease projects;
(b) authorize
a subsequent special use and development permit process;
(c) provide
for required grading and building permits and a certificate of completion;
(d) provide
for the appointment of a hearing officer;
(e) authorize
establishment of capital improvement and services budgets, plans and
programs (“CIP”) and public improvement or assessment
districts for financing of infrastructure and services, the need for
which is generated by oil and gas projects in the County;
(f) authorize
an amendment to the General Plan creating an Oil and Gas Element;
(g) authorize
development of a Galisteo Basin Area Plan;
(h) protect
the health, safety, and welfare of the citizens of Santa Fe County;
(i) preserve
the quality of life, economy, infrastructure, environment, historic,
cultural, archaeological and eco-tourist resources, scenic vistas,
natural resources, and natural landscapes of the County;
(j) protect
the environment of the Galisteo Basin and Santa Fe County and protect
its residents from the harmful or hazardous adverse effects or impacts
of specific public nuisances resulting from oil and gas exploration,
drilling, extraction, and transportation, including, but not limited
to, degradation of air quality, global warming, stormwater and liquid
materials runoff, ground and subsurface water quality, scenic quality,
erosion of soils, noise and vibration, explosive hazards, traffic
and road conditions, and any adverse effects and impacts of toxic
chemical materials, degradation of wildlife and vegetation habitats
and corridors;
(k) protect
the scenic quality of Santa Fe County and its historic, cultural and
archeological artifacts and sites;
(l) ensure
the compatibility of the proposed oil and gas project with existing
development and development anticipated in the future pursuant to
the County’s adopted General Plan and relevant Area Plans, including
but not limited to a Galisteo Basin Area Plan;
(m) assure
that the required reclamation of oil and gas drilling areas that are
disturbed by excavation activities is sufficient to provide for short-
and long-term development meeting all environmental, infrastructure,
health, safety, and aesthetic needs of the County and of surrounding
properties and neighborhoods;
(n) assure
the provision of adequate public facilities and services for roads,
stormwater and liquid materials detention, police, fire and emergency
response and off-site operation and maintenance for public roads and
other facilities required to mitigate adverse effects and impacts
of oil and gas facilities, are fully funded and available at the designated
level of service (“LOS”) at the time of development approval
of Overlay Zoning;
(o) provide
for a fair and efficient system for the engineering, planning, environmental
regulation, and monitoring of oil and gas activities, both on and
off site, consistent with and in coordination with the OCD and rules
and regulations of the New Mexico Oil Conservation Commission (“Commission”);
(p) protect
the long-term usefulness of adjacent properties for their permitted
purposes as identified in the County’s adopted General and Area
Plans;
(q) protect
the tax and fiscal base of the County;
(r) establish
performance standards for the exploration, drilling, extraction, processing,
use, and transport of oil, gas and other earth materials, and unconsolidated
sediments in such a manner as to ensure maximum protection to surrounding
properties and to the physical environment through proper siting,
clustering and co-location of activities, wells and structures, and
through the use of time of operation, buffering, setbacks, visual
screening, landscaping, height limitations, proper access routing,
and appropriate noise, light, odor, vibration, air quality, and water
quality controls;
(s) ensure
that all permitted oil and gas activities are compatible with the
County, regional, state, and federal water quality plans and stormwater
management plans and policies;
(t) ensure
that all permitted exploration, drilling, extraction and transportation
activities are compatible with all current and applicable neighborhood
plans, area or regional plans, public facility and utility plans,
County policies, and the County’s capital budget, plan and improvements
program;
(u) coordinate
with the underlying base zoning district; and
(v) comply
with the findings and purposes of this Ordinance.
These regulations do not apply to the determination or adjustment
of water rights or for the regulation of extraction of potable water.
This Chapter incorporates the goals, objectives, policies, and
strategies in the General Plan Oil and Gas Element. All approvals
of an Oil and Gas Overlay Zoning District Classification and subsequent
Special Use and Development Permits, Building and Grading Permits
and Certificates of Completion shall be consistent with the following
plans:
(a) General
Plan; including, but not limited to the Oil and Gas Element of the
General Plan;
(b) any
area plan, including but not limited to, the Galisteo Basin Area Plan;
(c) any
capital improvement and services budget, plan and program, and the
capital and operating budgets of the County and any adopted CIP for
a public improvement or assessment district;
(d) any
public improvement or assessment district plan; and
(e) any
State of New Mexico departmental plans, regulations, and statutes
including but not limited to plans from the Energy, Minerals and Natural
Resources Department, Office of the State Engineer, New Mexico Environment
Department, Department of Game & Fish, Department of Cultural
Affairs, Department of Indian Affairs, Department of Tourism, Department
of Health, Department of Agriculture, and Gubernatorial Executive
Orders.
Every application for an Oil and Gas Overlay Zoning District
Classification must be consistent with the General Plan’s goals,
objectives, policies and strategies and the findings and purposes
of this Ordinance. Every Ordinance and/or Resolution to approve or
deny an Oil and Gas Overlay Zoning District Classification and all
subsequent approvals or denials for the Special Use and Development
Permit and any Grading or Building Permits and Certificate of Completion
required by the Land Development Code shall be defined as Development
Approvals and Development Orders.
An applicant who submits an application for approval of an Oil
and Gas Overlay Zoning District Classification shall submit a concept
plan that includes:
(1) An
accurate map of the project area including its relationship to surrounding
areas, existing topography and key features;
(2) A
detailed description of the proposed oil and gas activities on the
entirety of the owner or applicant’s property in the same ownership:
(a) The planning objectives and the character of the development to be
achieved through the overlay, and the approximate phases in which
the exploration and drilling for and extraction of oil and gas from
the property will occur.
(b) The approximate location of all neighboring development areas, subdivisions,
residential dwellings, neighborhoods, traditional communities and
community centers, and other nonresidential facilities and structures
within five (5) miles of the concept plan site perimeter.
(c) The number and type of wells to be drilled, and the approximate location,
arrangement, size, floor area ratio of any buildings and structures
and parking facilities related to the drilling or exploratory activities.
(d) The proposed traffic circulation plan, including number of daily
and peak hour trips to and from the site and the proposed traffic
routes to the nearest intersection with I-25 (and NM-285 if located
in the Galisteo Basin).
(e) The approximate or exact location of all fire, police, and emergency
response service facilities and all roads shown on the capital improvement
plan, budget and program for the area, floodways, floodplains, wetlands
or other natural resource areas surrounding the applicant’s
property; location of historic, cultural and archeological sites and
artifacts, steep slopes greater than 11%, wildlife and vegetation
habitats and habitat corridors within five (5) miles of the concept
plan site perimeter.
(f) A statement explaining how the proposed overlay complies with the
vision, goals, objectives, policies and strategies of the County’s
General Plan Oil and Gas Element and any Area Plan covering the property,
including but not limited to, the Galisteo Basin Area Plan.
(g) A statement or visual presentation of how the overlay will relate
to and be compatible with adjacent and neighboring areas, within the
five (5) mile radius of the project site perimeter.
(h) All application requirements set out in this Ordinance.
(3) All
information required by the Administrator for the preparation of assessments,
reports, plan or studies necessary to evaluate adverse effects and
impacts of the proposed oil and gas project. The following assessments,
reports, plan and studies will be prepared by the County, or by a
professional consultant or consulting firm engaged by the County.
The applicant, at the time of submission of the application, shall
pay by certified check or furnish a suitable letter of credit from
a banking institution, payable to the County at the time of the application
for the cost to the County for retaining consultants and for the cost
of a Hearing Officer presiding over the pre-application meeting, for
each of the following required studies:
(a) Environmental Impact Report (See Section
9.6.1.);
(b) Adequate Public Facilities and Services Assessment (See Section
9.6.2.);
(c) Water Availability Report (See Section
9.6.4. [9.6.5.]);
(d) Traffic Impact Assessment (See Section
9.6.5. [9.6.6.]);
(e) Geohydrologic Report (See Section
9.6.6. [9.6.7.]);
(f) Emergency Response and Preparedness Plan (See Section 9.6.7. [9.6.8.]);
and
(g) Fiscal Impact Assessment (See Section 9.6.8. [9.6.9.])
(4) Such
other information as the Administrator shall require, including any
additional information necessary to determine compliance with the
standards for the approval of the Oil and Gas Overlay Zoning District
Classification.
(5) The
applicant shall submit all information at the time of application,
required by the County necessary to carry out the above studies, reports,
plan and assessments. In addition to the assessments, reports, plan
or studies to be conducted by the County, listed in Section 9.6(3)(a)–(g)
above, the applicant and any other interested party shall have the
opportunity to prepare and furnish to the County its own assessments,
plan, reports or studies, or parts thereof, as is deemed suitable
and necessary.
(6) Prior
to the submission of any application for an Oil and Gas Overlay Zoning
District Classification, the applicant shall attend a meeting with
all residents, owners/lessees of nonresidential structures, and all
owners of subsurface mineral estates and oil and gas lessees within
one mile of the perimeter of the project area and with all County
groups, foundations and associations that have previously registered
with and been accepted by the Administrator for notifications of applications
for an Oil and Gas Overlay Zoning District Classifications and Special
Use and Development Permits within the County. The applicant shall
furnish an address list for the one-mile area to the Administrator
who shall send out notices to all affected parties at least five business
days prior to the meeting. Such meeting shall be conducted at the
offices of the Growth Management Division and shall be presided over
by a designated County Hearing Officer. The proceedings shall be informal
and designed to resolve, to the extent possible, issues and problems
between the parties. Such meeting shall not last longer than three
(3) hours without the consent of the applicant, and the Hearing Officer
shall have the authority to request invitees to consolidate presentations
and otherwise cooperate so that effective and cordial discussion of
issues and problems takes place.
(7) The
Applicant shall provide certified evidence of public record registration
of mineral estate and oil or gas leases within the same ownership.
(8) Existing
water wells may be documented by any official document such as deeds
and surveys, not exclusively by registration with the Office of State
Engineer.
The CIP is the mechanism by which the County shall measure the
availability of new public facilities and services and expansion of
existing capacity of public facilities and services, the need for
which is generated by oil and gas projects. Revenue from oil and gas
projects shall be utilized to supplement capital improvements and
services provided by the County and State.
The applicant shall make a cash, certified or bank check, or
letter of credit, deposit, to cover all of the County’s expenses
in reviewing the CIP, engaging consultants, and for a Hearing Officer
to conduct the first public hearing on the CIP. The County will provide
an estimate of the cost of conducting the study, which shall provide
the basis for the initial deposit. The applicant shall make additional
deposits if the initial deposit is inadequate to reimburse the County
for the costs of the study, and the County shall refund any unexpended
funds on deposit after the study is completed.
The CIP shall:
(a)
|
Prioritize the need for public facilities and services subject
to this section;
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(b)
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Estimate the cost of improvements for deficiencies or repairs
needed to assure availability of public facilities and services for
the Oil or Gas Facility;
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(c)
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Analyze the fiscal capability of the County and State to finance
and construct improvements;
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(d)
|
Establish financial policies to provide for the funding of improvements
and services from grants, project exactions and impact fees, development
agreements, money in lieu of land, dedications of land, taxes, assessments,
rates, and charges; and
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(e)
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Schedule the funding, prioritization, and construction of improvements
in a manner necessary to ensure that capital improvements and services
are provided when required based on all needs identified in the General
Plan and General Plan Oil and Gas Element.
|
9.6.4.1. Capital Improvements Data Requirements.
The CIP shall
be based upon:
(a) Public facility and service needs as identified in the General Plan
and applicable Area Plan. Where the General Plan Oil and Gas Element
does not identify a need for public facilities and services within
a given category, public facility and service needs shall be determined
on the basis of the Oil and Gas Adequate Public Facility and Traffic
Impact Assessments;
(b) The geographic service area and location of major system components
for each public facility and service shall be identified; and
(c) Existing revenue sources and funding mechanisms available for capital
improvement and public services financing shall be inventoried for
each public facility and service.
9.6.4.2. Capital Improvements Analysis Requirements.
The CIP shall be based upon the following
analyses:
(a) Current county practices that guide the timing, phasing, priority,
and location of construction, extension, or increases in capacity
of each public facility and service;
(b) The fiscal implications of existing deficiencies and future needs
for each type of public facility and service. This analysis shall
be based on the needed improvements and services as identified by
applying the LOS within each impact area, and shall address the relative
priority of need among facility types and shall be derived in part
from the Fiscal Impact Assessment.
(c) The costs of needed capital improvements and services for mitigation
of existing deficiencies, replacement, and new growth needs;
(d) The basis of cost estimates; and
(e) An assessment of the County is [sic] and the Oil and Gas project’s
ability to finance capital improvements and services based upon anticipated
population and revenues, including:
(1) Forecasting of revenues and expenditures for five years;
(2) Projections of debt service obligations for currently outstanding
bond issues;
(3) Projection of improvement district ad valorem taxes, charges, rates
and assessments;
(4) Projections of other tax bases and other revenue sources, such as
development agreement financing, dedications, exactions, impact fees,
and service charges;
(5) Projection of operating cost considerations; and
(6) Projection of debt capacity.
9.6.4.3. Requirements for Capital Improvements and Public Services Implementation.
The CIP shall contain:
(a) The five-year capital improvement budget of year-by-year capital
improvements that the County has accepted to reduce existing deficiencies,
to remain abreast of replacements, and to meet future demand;
(b) Project description and general location;
(c) A list of projected costs and revenue sources by type of public facility
and public services for the five-year period; and
(d) A five (5) to fifteen (15) year Capital Improvement Plan and Program
for public facility and service needs beyond the five (5) year capital
improvement budget.
9.6.4.4. Standards for Exploratory Well Applications.
An application
for an Oil and Gas Overlay Zoning District Classification consisting
of only an exploratory well (or wells) is subject to all Over Lay
Zone District Requirements including Studies, Reports and Assessments
and is exempt only from paying for long-term CIP facilities. Applicants
for exploratory wells shall provide all other CIP facilities and costs
required by this Ordinance, including but not limited to, access services
and all other necessary construction, operation and maintenance of
infrastructure. Exploratory wells shall adhere to all SUDP performance
standards, including the mitigation of noise and light disturbances.
If after exploration, the Applicant seeks to further develop the site,
a new application must be submitted with supplemental reports, assessments
and studies that analyze and mitigate any development beyond those
applicable to the previously approved exploratory well, including
an Adequate Public Facilities Assessment, taking into account long-term
CIP facilities, operations and maintenance.
No exploratory well may be produced without the application
and supplemental reports, assessments and studies described above.
An application for an exploratory well allows only exploration, no
production of the well.
An applicant for the Oil and Gas Overlay Zoning District Classification
shall provide funds to the County to engage a professional consultant
to provide an emergency preparedness and response plan (“ERP
Plan”). The ERP Plan shall include a provision for the oil and
gas operator to reimburse the appropriate emergency response service
providers for costs incurred in connection with an emergency, This
plan shall be filed with the County at the time of application for
the Oil and Gas Overlay District Classification and shall be updated
on an annual basis or as conditions change (e.g. turnover in responsible
field personnel, change in substances used). The ERP Plan shall consist
of the following information, at a minimum:
The applicant shall make a cash, certified or bank check, or
letter of credit, deposit, to cover all of the County’s expenses
in reviewing the ERP, engaging consultants, and for a Hearing Officer
to conduct the first public hearing on the ERP. The County will provide
an estimate of the cost of conducting the study, which shall provide
the basis for the initial deposit. The applicant shall make additional
deposits if the initial deposit is inadequate to reimburse the County
for the costs of the study, and the County shall refund any unexpended
funds on deposit after the study is completed.
9.6.8.1. Name, address and phone number, including a 24-hour emergency number
of at least two persons responsible for emergency field operations;
9.6.8.2. A printed map, including GPS coordinates, showing the name, location,
and description of all potentially dangerous facilities, including,
but not limited to, the size and type of all pipelines, wells, and
isolation valves. The map shall be prepared digitally on the County
geographic information system parcel maps. The as-built facilities
map that includes the information regarding the location of isolation
valves shall be held confidentially by the County’s emergency
management officer or other County designee, and shall only be disclosed
in the event of an emergency, pursuant to the provisions of the Uniform
Trade Secrets Act, NMSA 1978, Sections 57-3A and 57-3A-D;
9.6.8.3. A written response plan for the potential emergencies that may be
associated with the operation of the facilities. This may include
any or all of the following: explosions, fires, gas or water pipeline
leaks or ruptures, hydrogen sulfide, methane or other toxic gas emissions,
or hazardous material vehicle spills or vehicle accidents;
9.6.8.4. A fire prevention, response, and health and safety plan;
9.6.8.5. Project-specific emergency preparedness plans are required for any
project that involves drilling or penetrating through known or likely
zones of hydrogen sulfide or methane gas, as determined by the County.
This plan shall be coordinated with and approved by the County’s
emergency management officer prior to beginning field operations;
9.6.8.6. A list, including Material Safety Data Sheets, of all chemicals,
additives, and organics used on site to the County. This information
will be held in the strictest confidence and shares[d] with other
relevant local emergency response personnel only on a “need
to know” basis; and
9.6.8.7. The Consultant shall advise the Board as to whether the Emergency
Response and Preparedness Plan is adequate to protect the public and
whether the Board should approve conditionally or deny the Application
for the Oil and Gas Overlay Zoning District Classification.
The CDRC and the Board of County Commissioners shall set public
hearings for the Application after the Administrator’s determination
that the Application is complete.
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.
The CDRC shall provide a recommendation to the Board of County
Commissioners on the application for approval of an Oil and Gas Overlay
Zone within 90 days of the Administrator’s certification that
the Application is complete. The CDRC shall issue a written order
containing its recommendations.
The Board of County Commissioners shall render a decision on
the application for approval of an Oil and Gas Overlay Zone within
90 days of receipt of the recommendation of the CDRC. The Board of
County Commissioners may approve, conditionally approve, or deny the
Application and shall issue a written order with findings of fact
and conclusions of law.