Bosque Farms City Zoning Code

A Wellhead Protection Overlay Zone shall be delineated as a geographic area within a one-thousand-foot radius around each municipal water supply wellhead, as recommended by the New Mexico Environment Department in the State Wellhead Protection Program.

An alternative delineation of the Wellhead Protection Overlay Zone may be used, provided it is based on an acceptable hydrogeologic evaluation and a validated groundwater flow model.

The governing body shall determine whether any particular property is within or outside of any Wellhead Protection Overlay Zone.

Wellhead Protection Overlay Zones shall be delineated on the Village Zone Map, which shall be available for public inspection at the Village Office.

In the event that a Wellhead Protection Overlay Zone lies partially or wholly outside the municipal corporate limits, extraterritorial jurisdiction shall be imposed as authorized by NMSA 1978, § 3-27-3. Intergovernmental arrangements with another governmental entity, within whose jurisdiction the Wellhead Protection Overlay Zone lies, may be executed through a joint powers agreement, as authorized by NMSA 1978, §§ 11-1-1 to 11-1-7, for the purposes of coordinated planning and administration of this section.

All nonresidential land activities located within the Wellhead Protection Overlay Zone; and

All residential land uses with on-site liquid waste disposal systems located within the Wellhead Protection Overlay Zone.

Solid waste disposal, including transfer stations.

Underground storage tanks.

Uncontained storage of road salt or other deicing materials.

Industrial uses which discharge contact-type process waters on-site.

Commercial animal feedlots.

Mining activities, including sand and gravel excavation.

Automotive fueling, maintenance, repair, and salvage activities.

Collection, storage, processing, or disposal of hazardous materials.

Commercial septage disposal sites.

Liquid petroleum product pipelines.

Trucking and bus terminals.

Dry cleaning business.

Electrical, electronic manufacturing facilities.

Metal plating, finishing, or fabricating facilities.

Chemical processing or storage facilities.

Wood preserving or treating facilities.

Junk, scrap, or salvage yards.

Irrigated nursery or greenhouse stock.

Injection wells, dry wells, or sumps.

In addition to the prohibitions set forth in this section, any use involving a discharge to groundwater is not allowed in this zone unless the discharge is demonstrated to cause no contamination of the receiving groundwater.

On-site liquid waste disposal systems shall be subject to periodic inspection to determine compliance with the New Mexico Liquid Waste Disposal Regulations.

Use of pesticides, herbicides, fertilizers, manures, and other potentially dangerous leachable substances shall be minimized, and bulk storage of these substances shall be prohibited.

The minimum lot size for any use with an on-site liquid waste disposal system shall be one acre.

Proposals for nonresidential development in this zone shall include a site plan indicating:

Every abandoned well shall be filled and plugged with such materials and in such manner to prevent contamination from entering the groundwater through the abandoned well according to state regulations.

All facilities shall adhere to appropriate state and federal standards for storage, handling, and disposal of any hazardous waste material.

An acceptable contingency plan for all facilities with hazardous materials on site shall prepare an acceptable contingency plan preventing hazardous materials from contaminating the underlying aquifer should floods, fire, or other natural catastrophes, equipment failure or release occur.

For fire control, plans shall include but not be limited to a safe fire-fighting procedure, a fire-retarding system, effective containment of any liquid runoff, and provide for dealing safely with any other health and technical hazards that may be encountered by disaster control personnel in combating fire. Hazards to be considered are pipes, liquids, chemicals, or open flames in the immediate vicinity.

For any release occurring, the owner and/or operator shall report all incidents involving liquid or chemical material to the Village Planning and Zoning Administrator/Officer.

Substantial modification shall be supported by scientifically based studies from a qualified source.

Any facility involving the collection, handling, manufacture, use, storage, transfer or disposal of any hazardous solid or liquid material or wastes shall have a secondary containment system which is easily inspected and whose purpose is to intercept any leak or release from the primary containment vessel or structure.

Adherence to the Spill Prevention Countermeasure Control (SPCC) Regulations, where applicable, is required.

Underground tanks or buried pipes carrying hazardous materials shall have double walls and inspectable sumps.

Open liquid waste ponds containing hazardous materials shall not be permitted without a secondary containment system.

Storage of petroleum products in quantities exceeding 100 gallons at one locality in one tank or series of tanks shall be in elevated tanks; such tanks shall have a secondary containment system.

Maintain a special file for those conditional uses within the Wellhead Protection Overlay Zone;

Maintain a map-based inventory of all land use activities, including septic tanks, underground storage tanks, and all other water wells, public and private, active and abandoned, within the Wellhead Protection Overlay Zone;

Conduct on-site inspections as necessary to enforce the provisions of this section;

Develop and maintain a contingency plan for the provision of alternate drinking water supplies in the event of contamination at a municipal water supply well; and

Prepare and present an annual report during the first quarter to the governing body for the purpose of summarizing the status of land use activities within the Wellhead Protection Overlay Zone and any actions taken, or in the progress, by the Village of Bosque Farms in carrying out the provisions of this section. Following acceptance of such annual report by the governing body, a copy of such annual report shall be transmitted to the appropriate staff of the New Mexico Environment Department.