(1)   This section applies to all construction and expansion of wireless telecommunications facilities, except as provided in division (2) below, Exemptions.

         (a)   Fire, police, department of transportation, or other public service facilities owned and operated by Valencia County, local, state, or federal government.

         (b)   Any facilities expressly exempt for the jurisdiction's citing, building, and permitting authority.

         (c)   Over-the-air reception devices, including the reception antennas for direct broadcast satellites (DBS), multi-channel, multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS), and other customer-end antennas that receive and transmit fixed wireless signals and are primarily used for reception.

         (d)   Facilities exclusively for private, non-commercial radio and television reception and private citizen's bands, and other similar non-commercial telecommunications.

         (e)   FCC-licensed amateur radio facilities require administrative approval and are exempt from all ordinance requirements except reasonable screening, set-back, placement, construction, tower height, and health and safety standards per New Mexico state law.

         (f)   Facilities that exclusively provide unlicensed spread spectrum technologies (such as IEEE 802.11a, b, g {Wi-Fi and Bluetooth}) where the facility does not require a new tower.

      (1)   All applicants for special use permits and conditional special use permits shall comply with the requirements outlined in this section.

      (2)   The Valencia County Board of County Commissioners designates the Valencia County Community Development Department (or other designee made by the County Manager) as the Administrator to whom applications for a special use permits and conditional special use permits must be made. The Administrator is authorized to review, analyze, evaluate, and make decisions with respect to granting, not granting, or revoking permits.

      (3)   The applicant shall complete the following steps to assist the Administrator in expediting the completion of the process:

            1.   A discussion of potential best locations for the telecommunications facility, taking into consideration Valencia County's defined priorities that meet the applicant's requirements for service. The application process may require an explanation for a selected location not using the highest priority available to the applicant. Valencia County's priorities (listed from highest to lowest) are:

               a.   On existing towers or structures without increasing their height.

               b.   On Valencia County-owned properties.

               c.   On properties zoned, or if not zoned, predominantly by industrial use.

               d.   On properties zoned, or if not zoned, predominantly by commercial use.

               e.   On properties zoned, or if not zoned, predominantly by residential use.

            2.   A discussion of issues will help expedite the review and permitting process.

            3.   A site visit to potential best locations sites, if deemed necessary by the Administrator;

            4.   A determination of the type of applications to be made;

            5.   A discussion of the defined information required to support the proposed location;

            6.   A discussion of the specific application requirements that are needed for review and consideration by the Administrator. Requirements for the application may vary based on the specific location, type of facility selected, and the potential impact to Valencia County and its citizens, and;

            7.   Any applicant desiring relief, waiver, or exemption from any ordinance requirement may request such at the pre-application meeting. The burden of proving the need for the request lies solely with the applicant. No request shall be approved unless the applicant provides convincing evidence that the request will have no significant effect on the health, safety, and welfare of Valencia County or its residents.

            1.   All applications shall contain a demonstration that the telecommunications facility will be sited to be the least visually intrusive, as reasonably possible.

            2.   In addition to demonstrating that the proposed modification, colocation, eligible facility, or new tower or telecommunications facility blends into the character and environment of the proposed location, all applications shall contain the following information and shall be submitted through the on-line system designated by Valencia County:

               a.   Registration of an agent, including the name, address, and telephone numbers of the designated agent and his/her company;

               b.   Authorization of the agent as an official and representative of the applicant; then pending approval;

               c.   Complete a project description which shall include a general description of the applicant's project and its proposed location;

               d.   Contact information including the name, address, and telephone number of the person or entity who will be responsible for the applicant's construction and management of the project;

               e.   Contact information for the support structure project manager for the proposed location and contact information for any manager of the real property for the proposed site (e.g., building manager, tower owner);

               f.   Define the type of project, colocation, modification, new tower, etc., and the specific site address and description of the project.

               g.   Completing a tower/wireless facility registration or, if a tower/wireless facility registration already exists for the proposed location, completing a tower/wireless facility registration update, if needed. The tower/wireless facility registration shall include;

                  i.   Name, address, and telephone contact number for the tower owner;

                  ii.   Name, address, and telephone contact number for the real property owner, if different than tower owner;

                  iii.   Current number and identification of co-locators on the tower/facility;

                  iv.   Site name, number, and physical address;

                  v.   Documentation and specifics regarding the agreement terms (other than financial) demonstrating applicant's right, title, or interest in the real property where the facility is to be sited, including the name, address, and phone number of the property owner;

                  vi.   Description of the tower/facility, including but not limited to height, set back, type of structure, and the number of existing co-locators.

                  vii.   Verifiable copy of the current tower inspection report using ANSI/TIA-222-G (or newer), including the expiration date, the company performing inspection, and ANSI standard used;

                  viii.   Contact information including name, address, and telephone number for the person or entity performing the most recent or current tower inspection;

                  ix.   A copy of the soils study report including but not limited to the date completed, person or entity name performing the soils study, project number, identification of the professional engineer providing certification of the study with New Mexico registration or license number of the professional engineer, and;

                  x.   Any other information deemed necessary or required by Valencia County.

            3.   Applications for a modification, colocation, or eligible facility to an existing structure, without an increase of height or size, shall include:

               a.   All items listed in division (D)(3)(b)2. above which do not exist or are no longer current or have not recently been updated;

               b.   Project name for the existing colocation site or project;

               c.   Names, addresses, and phone numbers of person or entity preparing the application;

               d.   A copy of the FCC license for the carrier and a signed statement from the owner or operator of the facility attesting that the facility complies with current FCC regulations;

               e.   Certified site plans using ANSI/TIA-222-G (or newer), including the professional engineer's name and New Mexico registration/license number, physical description of the current configuration of the site, physical description of the proposed design of the site, contacts, set-backs, grounding plans, security, parking, turnarounds, description of the components including the sizes of the components to determine that the proposal is the least visibly intrusive design;

               f.   Certified structural analysis using ANSI/TIA-222-G (or newer), including identification of the professional engineer's name and registration/license number providing the analysis, a copy of all calculations, reference documents and results, percent loading, that include all components, structures, and foundations per rigorous standards. Loading may not exceed 100%.

               g.   Performance bond including amounts as set by Valencia County, to remain in place as long as the site remains active and in place and until the tower or facilities are removed as required by this section;

               h.   Copy of the certificate of insurance demonstrating that the requirements of theis section are met;

               i.   Identification of the general contractor(s) with proof of current Valencia County licensure as required by the State of New Mexico, and;

               j.   Projected start and completion dates of construction.

            4.   Applications to install a new tower or telecommunications facility will include the following:

               a.   All information listed in divisions (D)(3)(b)2. and 3. above;

               b.   The number, type, and design of the tower(s) and antenna(s) proposed;

               c.   All reports, data, calculation, and design criteria which demonstrate the tower's capability to accommodate multiple users;

               d.   Demonstration of the applicant's meaningful efforts to secure shared use of existing tower(s) or other structures within the defined parameter of one mile including but not limited to copies of written requests and responses for shared use;

               e.   The new wireless facility justification includes capacity information, the gap in coverage information, or other information demonstrating rationale for the application.

               f.   The applicant will provide a list of property owners, to include their addresses, within 150 feet of the proposed site's property lines. This list of owners and addresses must be submitted early in the application process so specific notice of any needed or required hearing can be given to them at least 15 days prior to any needed or required hearing.

               g.   Public hearing and notification requirements.

                  i.   In order that the county may notify nearby landowners, prior to the approval of any application for a telecommunications permit for a new tower, a public hearing shall be held by the county, notice of which shall be published in accordance with the New Mexico Open Meetings Act; and the current Valencia County Open Meetings Act Resolution; and, the annual Valencia County Open Meeting Resolution which sets the notice and type of publication for meetings, prior to the scheduled date of the public hearing.

                  ii   The county shall schedule the public hearing referred to in division i. above of this section once it finds the application is complete, the county, at any stage prior to issuing a telecommunications permit, may require such additional information as it deems necessary.

                  iii.   All public hearings pursuant to this section are to be held before the Valencia County Board of County Commissioners unless specifically excepted by this section; and, for any appeal purposes, the decision of the Board of Commissioners is the final decision of the county.

            5.   Applications to install small wireless facilities/systems will include the following: (Note: A special meeting with the agents/engineers/representatives of the applicant may be needed to ensure that systems documentation requirements are fully understood.) Valencia County's defined small wireless facilities design requirements are made available to applicants by the Administrator pursuant to a resolution to be adopted to give effect to this section.

               a.   All information listed in divisions (D)(3)(b)2., 3. and 4. above;

               b.   The entire system and any associated groups of small wireless facilities, within limits defined by the on-line application, may be included in a single application process.

               c.   Each component of the system must be represented in the on-line application process.

               d.   Each system's unique components must be shown and include all the relevant data to complete the process. However, all like (virtually identical) nodes may be demonstrated once but must consist of all the physical locations for each node.

            1.   Incomplete applications will not be accepted for further review and processing;

            2.   Applications submitted without the payment of costs and fees as required by Valencia County are incomplete and shall not be accepted for further review and processing;

            3.    If the application is not complete: Valencia County shall notify the applicant in writing or via email of the provisions of the code, ordinance, application process, or publicly stated procedures that were not completed and inform the applicant that the application may be resubmitted.

            4.   If a resubmitted application is not complete: Within ten days of the resubmission of the application, Valencia County shall notify the applicant in writing or via email of whether the resubmission is complete and that the application may be resubmitted, and inform the applicant of the code, ordinance, application process or publicly stated procedures which remain incomplete.

            5.   If the application is complete and based on the review of the application, the Administrator shall, within the periods allowed under federal, state, and local law:

               a.   Approve, approve with conditions or deny a special use or conditional special use permit;

               b.   Issue a written decision within ten days of deciding on the application, which is supported by evidence contained in the online information and record submitted by the applicant;

               c.   Place the burden of proof for the granting of the permit upon the applicant;

               d.   Refer the application to the Valencia County Board of County Commissioners review and consideration. Once a variance or waiver is obtained or granted, the Administrator may request the applicant update the application if the Administrator deems it necessary to complete the application process.

            1.   The hearing or appeal will be heard and considered at the next available meeting of the Valencia County Board of County Commissioners;

            2.   For any application or appeal which is to be presented to the Board of Commissioners, the County Administrator must have all documentation well prior to the time of the meeting such that all proper notices can be made timely.

            1.   The applicant must comply with all requirements of the special use or conditional special use permit;

            2.   The applicant will be required to meet and satisfy all building inspection processes generally needed for a construction project.

            3.   The special use or conditional special use permit shall not be assigned, transferred, or conveyed without written notification to and approval from Valencia County within six months.

            4.   The special use or conditional special use permit may be revoked, canceled, or terminated for violation of the permit's conditions and provisions or for a material breach of this section as permitted by local ordinance, state, and federal law.

            5.   Valencia County will provide the permit holder written notice of an intent to revoke, cancel or terminate the permit with identification of the violation(s) and give the holder of the special use or conditional special use permit with an opportunity for a hearing before the Valencia County Board of County Commissioners before revocation, cancellation or termination.

         (a)   If a COW becomes inoperable due to force majeure or Acts of God, it must be removed from the site within 30 days of becoming unusable.

         (b)   Regarding a special event where a COW is used, it must be removed from the site within 48 hours of the conclusion of the event.

      (1)   At the time a person submitted an application for a special use or conditional special use permit for a new tower or requires an increase in height to an existing tower or for colocating on an existing tower or other suitable structure, where no increase will occur in the height of the tower or other appropriate structure, such applicant shall pay a non-refundable application fee to Valencia County.

      (2)   In addition to the application fee, Valencia County may retain the services of an expert consultant in connection with the processing and/or review of the application and the permitting and final inspection of site. The applicant shall be responsible for reimbursing Valencia County for all costs and amounts incurred by Valencia County for such expert consultation.

      (3)   The applicant shall pay for the projected consultation costs to Valencia County at the time of the application.

      (4)   An application is incomplete until the application fee is paid, and the applicant has paid the costs for the expert consultant.

      (5)   The consultant shall provide Valencia County with the costs for the consultation. The cost amount by the consultant will be assessed to the applicant as the application processing and review fee.

      (6)   The application fees and costs are defined by the resolution associated with this section, adopted, amended or replaced from time to time as the County Commission determines.

      (7)   The applicant, Valencia County, and the consultant will comply with all state and local requirements concerning payment of the consultant's fees.

      (8)   (a)   The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at their cost and expense, be jointly required to execute and file with Valencia County a bond, or other form of security acceptable to Valencia County in at least the following amounts:

            1.   Colocation or modification of an existing tower: $25,000.

            2.   Small wireless facility: $15,000.

            3.   New tower or other structure: $75,000.

         (b)   Such sureties as are deemed sufficient by Valencia County to assure the faithful performance of the terms and conditions of this section and conditions of any telecommunications permit or conditional use permit issued according to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the telecommunications permit, and any conditional use permit has been fulfilled, and until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed before the issuance of the original special use or conditional special use permit.

      (9)   A holder of a special use or conditional special use permit shall secure and at all times maintain public liability insurance for personal injuries, death, and property damage and umbrella insurance coverage for the duration of the permit in amounts as set forth below:

         (a)   Commercial general liability covering personal injuries, death, and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;

         (b)   Automobile coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;

         (c)   Workers Compensation and disability: Amount required by New Mexico state law;

         (d)   Commercial general liability insurance policy shall specifically include Valencia County and its officers, employees, agents, and consultants as additional named insureds;

         (e)   Insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a “Best's” rating of at least A;

         (f)   Insurance policies shall contain an endorsement obligating the insurance company to furnish Valencia County with at least 30 days prior written notice of the cancellation of the insurance;

         (g)   Renewal or replacement policies or certificates shall be delivered to Valencia County at least 15 days before the expiration of the insurance that such policies are to renew or replace;

         (h)   The permit holder shall provide Valencia County a copy of the policies/certificates before construction and upon written request by Valencia County.

      (2)   Modification, location, or construction without permit. If any equipment or item has been located, constructed, or modified without a permit, or in a manner inconsistent with the approved permit requirements, and the facilities have been located, constructed, or modified without first obtaining, or in a way not authorized by, the required permit, or any other necessary authorization, Valencia County may require the removal of the item, equipment or the telecommunications facility.

(Ord. 2023-02, passed 7-19-2023)

            2.    On mixed use developments, parking spaces may be required for visitors and/or customers, and storage of residents' recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with surrounding land uses. If an RV parking space is located along the perimeter of the PD, it shall be adequately screened from adjacent properties outside the PD.

   This section may be cited as the Valencia County Airport Overlay Zone District (AEOD), and is adopted, in part, pursuant to the authority cited in the Municipal Airport Zoning Law, NMSA 1978, §§ 3-39-16 et seq. (1965).

   (A)   Purpose. The purpose of this section is to provide both airspace protection and land use compatibility with airport operations in Valencia County. This section, through the establishment of airport overlay zones and corresponding regulations, provides for independent review of development proposals that are potentially discordant with airport operations in order the promote the public interest in safety, health and general welfare in Valencia County, as well as to ensure that all public-use airports in Valencia County can function in a safe, effective and efficient manner. Therefore, it is deemed necessary to regulate uses of land within or near the traffic patterns of airports through regulation of height of structures and objects of natural growth, and through regulation of land uses within noise impacted areas and runway protection zone areas.

   (B)   Definitions. All terms defined in the Interim Comprehensive Zoning Ordinance of Valencia County, New Mexico, as the same may be amended from time to time, shall also apply to this section, and, for purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ABOVE GROUND LEVEL (AGL). The specified height above ground level at a structure's location (see Federal Aviation Administration Advisory Circular No. 70/7460.2K (March 1, 2000)).

      AIRPORT ELEVATION. The highest point of the airport's land area usable for takeoff and landing operations measured in feet above mean sea level (AMSL).

         (a)   SUB ZONE A. The area surrounding each public use airport extending outward 20,000 feet from the ends and from the side of all active runways; and

         (b)   SUB ZONE B. That area within the unincorporated area of the county not within the Airport Height Notification Sub Zone A.

      AIRPORT NOISE IMPACT ZONE. An area contiguous to a public use airport measuring 1/2 the length of the longest active runway on either side and on the end of each active runway centerline.

      AIRPORT OBSTRUCTION HAZARD. Any structure, object of natural growth, or use of land that would exceed the federal obstruction standards as contained in 14 CFR Parts 77.21 (April 1, 1971), 77.23 (April 1, 1971), 77.25 (April 8, 1971), 77.28 (April 1, 1971) and 77.29 (April 8, 1971), and which obstructs the airspace required for the safe operation of aircraft taking off, maneuvering, or landing at an airport or is otherwise hazardous to taking off, maneuvering, or landing of aircraft, and is un-permitted, or for which a variance has not been granted.

      AIRPORT RUNWAY PROTECTION ZONE. A wedged shaped section of land, beginning a distance of 200 feet from each end of a runway. The boundary nearest the runway shall have a width of 500 feet, then the zone extends from the end of the runway 1,700 feet to the far end of the zone, which shall have a width of 1,000 feet, as depicted in the sketch below.

   AVIATION EASEMENT. A right to use the airspace over real property whereby an airport proprietor and aircraft owners and operators are granted the right to operate aircraft in the airspace over the real property of another.

      LANDING AREA. The area(s) of an airport used for landing, takeoff, or taxiing of aircraft.

      LDN. A day/night, 24-hour average (averaged over an annual period) sound level, in decibels, obtained after the addition of 10 decibels to the sound levels occurring during the nighttime period (from 10:00 p.m. to 7:00 a.m.).

      NOISE LEVEL REDUCTION (NLR) , aka SOUND LEVEL REDUCTION (SLR). Reduction in sound level in decibels between two designated locations for a stated sound frequency or band.

      PUBLIC USE AIRPORT. An area of land or water designed and set aside for the landing and taking off of aircraft, utilized or intended to be utilized in the interest of the public for such purpose. As of adoption of this section, the currently recognized public use airports in Valencia County include Mid Valley Airpark and Belen Municipal Airport.

      RUNWAY. A defined area of an airport prepared for landing and takeoff of aircraft along its length.

      SOLID WASTE DISPOSAL SITE. Shall have the meaning given "solid waste facility" by NMSA 1978, § 74-9-3(P) (1990), the Solid Waste Act, as may be amended from time to time; provided, however, that at no time shall a solid waste disposal site include sites where manures and crop residues are returned to the soil as fertilizer or soil conditioner.

   (C)   Establishment of encroachment zones.

      (1)   Three airport overlay zones are created for public use airports in the geographical jurisdiction of Valencia County. The location of these overlay zones relative to public use airports are established by this section and shall apply to any public use airport(s) that may be established within Valencia County after adoption of this section. All development plans and objects of natural growth controllable by property owners within these zones shall comply with these airport zoning regulations in addition to compliance with all applicable underlying zoning district requirements as referenced in the county's zoning and land development regulations. The 3 overlay zones are:

         (a)   Airport Height Notification Zone (Sub Zone A and Sub Zone B). The Airport Height Notification Zone is hereby established as an overlay on the adopted county zoning maps. This zone is established to regulate the height of structures and natural vegetation for areas in proximity to all public use airports located within Valencia County, New Mexico. The Airport Height Notification Zones consists of 2 sub zones, defined as follows:

            1.   Sub Zone A: The area surrounding each public use airport extending outward 20,000 feet from the ends and each side of all active runways.

            2.   Sub Zone B: That area within the unincorporated area of the county not within the Airport Height Notification Sub Zone A.

         (b)   Airport Runway Protection Zone. There is hereby created and established, as an overlay zone on the adopted county zoning maps, an Airport Runway Protection Zone for areas at each end of every active runway at all public use airports within Valencia County. The Airport Runway Protection Zone shall be configured consistent with its definition in division (B) of this section. Within a Runway Protection Zone, certain uses shall be restricted or prohibited to reduce incompatibilities between normal airport operations and public health and safety.

         (c)   Airport Noise Impact Zone. There is hereby created and established as an overlay zone on the adopted county zoning maps an Airport Noise Impact Zone for areas surrounding all public use airports within Valencia County. The Noise Zone is an area in which uses are restricted and special construction standards are to be used to minimize the impact of airport generated noise routinely produced by continuation of normal airport operations. The AIRPORT NOISE IMPACT ZONE is defined as follows:

            1.   An area surrounding each public use airport extending outward from the ends and each side of all active runways to a distance 1/2 the length of the longest active runway centerline.

            2.   Notwithstanding other provisions of this section, should any public use airport conduct an official 14 CFR Part 150 (1984) study, the boundaries of that Airport's Noise Impact Zone shall be modified to comply with the official noise study, subject to amendment of the official zoning map as addressed in the county zoning regulations.

      (2)   Where a zone of influence overlays a portion of the property, only that portion within the zone shall be affected by the zone regulations. Furthermore, in relation to applying protection zone and noise impact zone requirements, use regulations shall apply to the structure or facilities constituting the use and shall not generally apply to accessory open space, landscape and buffering, storm water management, or driveway and parking uses.

   (D)   Airport Height Notification Zone regulations. The Airport Height Notification Zone regulations apply only to potential airport obstructions, as defined herein. Any proposed development which is not determined by be a potential airport obstruction is exempt from any Airport Height Notification Zone permitting regulations contained herein.

      (1)   Potential airport obstruction definition. A proposed development shall be determined to be a POTENTIAL AIRPORT OBSTRUCTION if the proposed development would result in any structure having a height or natural vegetation having a potential, long-term height greater than an imaginary surface extending outward from the ends and sides of a public use airport active runway at a slope of 1 foot vertically from airport elevation for each 100 feet horizontally, outward to 20,000 feet horizontally (200 feet vertically) for Sub Zone A, or 200 feet above ground level (AGL) for Sub Zone B. Notwithstanding the foregoing, any proposed structure that would otherwise be a potential airport obstruction is not considered a potential airport obstruction if it is shielded by an existing structure, is an antenna structure of 20 feet or less in height, or is otherwise exempt from notice pursuant to 14 CFR 77.15 (April 1, 1971). Further, notwithstanding the foregoing, any provision of this section regulating or restricting or otherwise applying to the growth of natural vegetationshall only apply within the Airport Runway Protection Zone, as defined in this section.

      (2)   Notice. Applicants for any development proposal determined by the county to result in a structure(s) that constitutes a potential airport obstruction shall be issued a notice of potential airport obstruction during the development proposal review process by the Code Enforcement Department. Further, all potential airport obstructions shall be forwarded to the Federal Aviation Administration (FAA) to the applicant to be reviewed for conformance to the obstruction standards detailed in Title 14, Code of Federal Regulations, Part 77, Subpart C (14 CFR Part 77) (1971), and as described in the Federal Aviation Administration Advisory Circular AC 70/7460-2K (March 1, 2000).

      (3)   Permit required. No proposed development shall be approved for construction and no building permit shall be issued for a proposal to construct any structure which is determined by the county to be a potential airport obstruction unless an airport construction permit has been granted. Further, all potential airport obstructions shall be forwarded to the Federal Aviation Administration (FAA) to be reviewed in conformance to the obstruction standards detailed in Title 14, Code of Federal Regulations, Part 77, Subpart C (14 CFR Part 77).

      (4)   Procedures for obtaining an airport construction permit. Applicants shall submit to the Code Enforcement Department a complete airport construction permit application form (as provided by the Code Enforcement Department) and a copy of the notice of proposed construction form submitted to the FAA for the project. Prior to permit requests being considered for approval, applicants shall submit to the Code Enforcement Department the final determination issued by the FAA based on its review of the applicant's notice of proposed construction submitted in accordance with 14 CFR Part 77 (1971). The review process shall follow the Type A application procedure set forth in § 154.075.

      (5)   Criteria for granting an airport construction permit.

         (a)   Where the FAA has reviewed the proposed development and determined its construction would not exceed an obstruction standard of 14 CFR Part 77 (1971), the Code Enforcement Department shall grant an airport construction permit for the proposed development; provided that a condition is attached to the permit approval to ensure that the approved structure(s) is marked and lighted as soon as the obstruction height is exceeded and prior to the issuance of a certificate of occupancy (CO), and in accordance with the standards of Rules of the Federal Department of Transportation and the Federal Aviation Administration Advisory Circular No. 70/7460-1 (April 15, 2000).

         (b)   Where the FAA has reviewed a proposed development and determined that the proposed development exceeds the obstruction standards of 14 CFR Part 77, no airport construction permit may be approved, and a Valencia County airport obstruction variance must be obtained by the applicant for the proposed development to proceed.

      (6)   Airport obstruction variance. An airport obstruction variance may be granted pursuant to the Type C review procedures set forth in § 154.077, and as provided below.

         (a)   The applicant shall submit an application on a form approved by the Code Enforcement Department, and shall also submit:

            1.   A copy of the proposed construction form submitted to the FAA including aerial photography of the site as required,

            2.   A final determination issued by the FAA based on its review of the applicant's notice of proposed construction submitted in accordance with 14 CFR Part 77 (1971), and

            3.   A valid aeronautical evaluation (may consist of the evaluation performed by the FAA).

         (b)   An airport obstruction variance may be granted if the Board of County Commissioners determine that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest or aircraft safety (i.e., the development can be accommodated in navigable airspace without adverse impact on the county's public use airports or operations) but would do substantial justice and be in accordance with the spirit of applicable state statutes.

         (c)   A condition shall be attached to all airport obstruction variance approvals to require that the approved structure(s) is marked and lighted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA Advisory Circular Number 70/7460-1 (April 15, 2000). Where such marking or lighting is required, such requirement shall be satisfied as soon as the obstruction height exceeded and prior to issuance of a certificate of occupancy (CO) for the affected structure.

         (d)   No airport obstruction variance shall be approved unless the FAA determines that the aeronautical evaluations submitted are valid and that safety of flight operations will not be adversely affected.

         (e)   Further consideration shall be given to:

            1.   The nature of the terrain and the height of existing structures,

            2.   Public and private interests and investments,

            3.   The character of flying operations and planned development of airports,

            4.   FAA designated federal airways,

            5.   Whether construction of the proposed structure would cause an increase in the minimum decent altitude or decision height at the affected airport,

            6.   Technological advances,

            7.   The safety of persons on the ground and in the air,

            8.   Land use density,

            9.   The safe and efficient use of navigable airspace,

            10.   The cumulative effects on navigable airspace of all structures or proposed structures identified in the applicable jurisdiction's comprehensive plans, and all other known proposed structure in the area,

            11.   FAA determinations and results of aeronautical studies conducted by or for the FAA,

            12.   Comments and recommendations from local airport authorities and users, and

            13.   Other testimony and findings of aviation operations and safety experts.

         (f)   Conflicting criteria for variances in existing or future Valencia County zoning regulations shall not be applicable to airport obstruction variance requests. Criteria in other Valencia County zoning regulations that do not conflict, however, are applicable to review of airport obstruction variance requests.

   (E)   Airport Runway Protection Zone regulations. The following types of uses shall be prohibited within the Runway Protection Zone:

      (1)   Educational centers (including, but not limited to, all types of primary and secondary schools, pre-schools, child care facilities),

      (2)   Medical facilities (including, but not limited to, hospitals, medical inpatient treatment facilities, nursing/convalescent facilities),

      (3)   Places of worship,

      (4)   Recreational facilities, such as a race track, fairgrounds where large numbers of people may congregate (e.g., not a golf course),

      (5)   Commercial businesses that constitute a potential hazard (including, but not limited to, gasoline service stations, restaurants, chemical warehouses or storage facilities, etc.), and

      (6)   Any use not permitted in the underlying zone designation, or any use which, in the judgment of the Code Enforcement Department, constitutes an added hazard to people on the ground in case of an accident or incident involving normal aircraft movement or operation.

   (F)   Air Noise Impact Zone. Provisions of this division shall apply to construction, alteration, moving, repair and use of any building or structure for the uses specified below and located within the Airport Noise Impact Zones. The following uses located within an Airport Noise Impact Zone, unless prohibited by any other zoning district regulations, shall comply with the applicable criteria described below:

      (1)   Developers of child care facilities, transient lodgings, educational centers, and residential uses shall verify to the county in writing that the proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels. Normal residential construction can be expected to provide an NLR of 20 to 25 decibels.

      (2)   Developers of hospitals, homes for the aged, places of worship, auditoriums and concert halls shall verify to the county in writing that the proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels.

      (3)   Developers of outdoor sports arenas and spectator sports facilities shall verify to the county in writing that the proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels.

      (4)   In lieu of providing written verification that a proposed building is designed for an NLR of 25 decibels as stated in this division (F), a developer may execute and record an aviation easement as provided below.

      (5)   An AVIATION EASEMENT is a legal document that grants to the owner or operator of a nearby airport a right to continue to operate the airport in a manner similar to current operations, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an aviation easement shall execute the easement to the appropriate airport authority. The easement shall be in a form acceptable to the county attorney's office and shall be executed in a recordable form prior to the release of a development site plan, prior to or via recording of a final plat, or prior to issuance of a building permit, as applicable.

      (6)   Notwithstanding the foregoing, no land is required to meet the requirements of this division (F) if the self-generated noise from that use and /or the ambient noise from other nonaircraft and nonairport uses is equal to or greater than the noise from aircraft and airport sources.

   (G)   Special requirements applicable throughout the unincorporated area of the county.

      (1)   Purpose. Notwithstanding any other provision of this overlay district, no use may be made of land or water within the unincorporated areas of the county in such a manner as to interfere with the operation of an airborne aircraft using a public use airport. The following special requirements shall apply to proposed developments: Solid waste disposal sites shall be reviewed in accordance with state solid waste environmental regulations. In addition, no solid waste disposal site shall be permitted to be located:

         (a)   Within 10,000 feet of any public airport active runway used, or planned to be used, by turbine powered aircraft, or

         (b)   Within 5,000 feet of any public use airport active runway used only by piston engine type aircraft, or

         (c)   So that it places the active runways and/or approach and departure patterns of an airport between a solid waste disposal site and a bird feeding, water or roosting area, or

         (d)   Outside the above locations but still within the limits of any airport overlay zone(s) if determined by the FAA to pose a hazard.

      (2)   Requirements. Proposed developments which will produce lights or illumination, smoke, glare, or other visual hazards, or produce electronic interference with airport or airplane communication or navigational signals shall be subject to standards and required to meet the standards specified in the FAA Order 7400.2F, Procedures for Handling Airspace Matters (Effective February 16, 2006), and be consistent with state statutes, as may be applied and enforced by state or federal law.

   (H)   Nonconforming Uses. The regulations prescribed herein shall not be construed to require removal, lowering, or other change to or alteration of any structure or natural vegetation not currently conforming to the regulations as of the effective date of this section, or to otherwise interfere with continuance of any nonconforming use. However, no pre-existing, nonconforming structure, natural vegetation, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or to be replanted, so as to constitute an increase in the degree of nonconformity with regard to these regulations. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, where the construction or alteration began prior to the effective date of this section and is completed within 1 year thereafter. Any existing, non-conforming use that is terminated after the date of this section is enacted shall conform to this section unless the existing, non-conforming use is re-established within 1 year after it is terminated. Nothing in this section shall permit any existing, non-conforming use to be re-established to a greater degree or extent than existed at the date that this section becomes law.

   (I)   Appeals. Appeals of any decision of the Code Enforcement Department pursuant to this section shall be heard by the Board pursuant to the proceduresin § 154.062, and may be filed by the applicant, staff; or any person aggrieved or taxpayer affected or the New Mexico State Highway and Transportation Department.

   (J)   Enforcement. Enforcement of regulations in this section (AOED) shall be pursuant to § 154.999 and as provided or limited by applicable law.

   (K)   Conflicting regulations; regulation references.

      (1)   Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to thesame area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

      (2)   The federal regulations referenced in this section are available at the Code Enforcement Department, Federal Aviation Administration or (at the time of adoption of this section) on the internet at the following sites:

 

 

(Ord. 2006-07, passed 11-17-2006)

      (1)   The continued existence and preservation of historical areas and buildings;

      (2)   The continued construction of buildings in the historic styles; and

      (3)   A general harmony as to style, form, color, height, proportion, texture and material between, buildings of historic design and those of mote modem design.

   (D)   Criteria for Designation of Historic District. A District may be designated if it constitutes a distinct section of the County and contains properties and are environmental settings which meetings two or more of the following criteria:

      (1)   Possesses significance in history, architecture, archeology, and culture;

      (2)   Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;

      (3)   Is associated with events that have made a significant impact in our past;

      (4)   Represents the work of a master designer, builder, or craftsman;

      (5)   Embodies the distinctive characteristics of a type, period, or method of construction; or

      (6)   Represents an established and familiar visual feature of the County.

         (a)   Name, address, and telephone numbers of applicant, a signed petition of at least 75%of the landowners and a detailed description of the stakeholder groups and planning team involved in the process:

            (i)   Stakeholder participation. The process of adopting a plan shall involve key stakeholders including residents, neighborhood associations, community organizations, non-profits, urea institutions, universities, school districts, chambers of commerce, property owners, major employers, and businesses. Stakeholders shall form a planning team lit assist with plan development. Plans will undergo continuing county departmental review to clarify and identify any program or policy inconsistencies.

         (b)   Map indicating the geographic boundaries of the proposed area showing all affected buildings and/or structures;

         (c)   Detailed historic description and background on the property or area;

         (d)   Current photographs of the area, along with any historical photographs, if available.

         (e)   A proposed community development plan, which will include, at minimum;

            (i)   Height and are regulations. The Community Development Plan shall specify height and area regulations for uses within the plan area, or shall reference regulations established elsewhere in this section;

            (v)   Lighting. The Community Development Plan shall specify lighting regulations for uses within the plan area, or shall reference regulations established elsewhere in this section.

         (f)   Any other information which the Planning and Zoning Director may deem necessary.

      (3)   An area that is under renew by the County for designation as a Historic District shall be

protected by and subject to all of the provisions of this article governing construction and penalties until a final decision by the Board of County Commissioners becomes effective.

      (7)   Schedule public hearing before Commission. Promptly after service of the P and Z's written communication, the Department shall schedule a public hearing before the Commission, or hearing officer as may be requested by the Commission. The record and recommendation from the P and Z on the matter shall be transmitted to the Commission at or prior to the Commission's public hearing, and shall be made a part of the Commission’s record on the matter.

         (a)   Generally. The Commission shall conduct its public hearing according to a resolution it may adopt for that purpose. At the public hearing the county staff, the applicant, and other interested parties may present information relevant to the proposal, and may give reasons why the application should or should not be recommended for approval.

         (b)   Continuance of hearing. A public hearing may be continued as is necessary to gather additional information on the application or for other good reason and no additional notice need be given if the hearing is adjourned to a time and a date certain, unless otherwise ordered by the Commission.

            (i)   In any land use application subject to a quasi-judicial hearing process, applicants, their agents or representatives, interested parties and the general public shall limit their contact with the Commission or any member of the Commission to relevant matters before me Commission.

            (ii)   The Commission or any member of the Commission in which the contact has been made, shall refrain from any decision under this chapter until the matter is presented to the full Commission at a public hearing in which all patties have the opportunity to be heard;

            (iii)   Staff memoranda, reports and other materials prepared by county staff in connection with the particular matter shall be provided to all parties within a reasonable time before any public meeting on the matter.

            (i)   Testimony and evidence presented at hearings shall be pertinent and based upon sound reasoning, and shall be incorporated into the record unless the chair rules the information to be excluded from the record as immaterial, or of questionable fact, intent or merit, based upon objection raised by the Commission members or other patties having standing in the hearing.

            (ii)   All testimony and evidence not excluded shall become a part of the hearing record, and in addition to verbal testimony, may be presented in written form or incorporated by reference.

            (iii)   In ascertaining whether or not the party providing testimony or evidence has standing, the chair may ask that the party identify and/or document the basis of standing, or may question the source of the information, or the interest or qualifications of the party submitting testimony or evidence, or question how the party giving testimony might be beneficially or adversely affected by the action under consideration.

            (iv)   In the event that it is determined that a party does not have standing because the party will not be beneficially or adversely affected by the action under consideration, the chair may direct that any prior testimony or evidence by that party be stricken from the record, and that further testimony from the party be prohibited.

            (v)   The chair may set reasonable and fair time limits for oral presentation of testimony and evidence.

            (vi)   Minutes of the meeting shall be accepted as the official hearing record.

            (vii)   A verbatim transcript is not required.

            (viii)   The rules of evidence shall not apply.

         (h)   Judicial review and/or appeals of commission decisions. A person with standing aggrieved by n decision of the Commission may appeal its decision pursuant to NMSA § 3-21-9, as the same may be from time to time amended, or seek judicial review pursuant to NMSA, § 3-21-25, as the same may be from time to time amended; provided, that the person file these petitions for review or appeal within 30 days after the effective date of the decision from which appeal or petition for review is taken.

(Ord. 2016-02, passed 4-20-2016)

   This section may be cited as the Valencia County Greenhouse Overlay District.

      (1)   (a)   Crop production greenhouses and other controlled-environment agricultural structures and related season extension structures for personal and/or commercial use provided the combined maximum covered area shall not exceed:

            1.   No size limit in OD, AP, I-1, I-2 and I-3;

            2.   Fifteen thousand (15,000) square feet in C-1 and C-2;

            3.   Fifteen percent (15%) parcel coverage in RR-1; and

            4.   Twenty percent (20%) parcel coverage in RR-2.

         (b)   All setback requirements of the underlying district will apply.

      (2)   Agriculture production, storage and food processing facilities, business, service, and commercial establishments are authorized in OD, AP, I-1, I-2, I-3, C-1 and C-2 districts.

      (1)   In addition to the Type C application procedure set forth in § 154.077 application for a Greenhouse Overlay shall contain:

         (a)   The documentation, as applicable, required for any application for a site design review as set forth in §§ 154.035 et seq.;

         (b)   Plans showing the location, area, dimensions, acreage and legal description of the parcel to be developed or used, together with north point, scale, date of application, and the greenhouse and other facilities;

         (c)   Provisions for preventing the collection and stagnation of water at all stages of the operation;

         (d)   All plans prepared and submitted shall be prepared at a scale no smaller than 1 inch to 200 feet, with 5 foot contours, and the information shall be furnished for a distance beyond the site sufficient to determine the impact of the operation on adjacent and surrounding lands;

         (e)   Plans for road improvements;

         (f)   Plans for the removal of the greenhouse facility prior to the sale or transfer of the real property to a subsequent owner; and

         (g)   Plans for the mitigation of odor, noise, dust in order to not interfere with the use of neighboring properties.

      (1)   The Greenhouse Overlay District shall be granted to the applicant only and shall not be deemed to run with the land; and

      (2)   No modification of a zoning district standard shall have the effect of changing the existing zoning district where the property sits.

(Ord. 2021-02, passed 7-21-2021)

      (1)   Promote the use of underutilized land;

      (2)   Further economic development;

      (3)   Promote employment opportunities within Valencia County; and

      (4)   Help diversify energy production and diversify the local economy.

      (1)   The following information shall be included in the application:

         (a)   Legal description of the real property and indication of gross area;

         (b)   Nature of the applicant's interest in the land to be developed, and an agent authorization letter if applicant is not the project owner; where the natural resources to be developed are subterranean, as in the case of oil, natural gas, hydrogen, or geothermal resources, the applicant must show ownership (or control by lease) of the proposed initial surface drill site or sites and ownership or lease of at least 50% of the minerals within the proposed NROZ area together with a plan to acquire the right to drill and produce the natural resource or resources from the spacing unit or units associated with the initial proposed drill site or sites within the NROZ by utilization of the State's Pooling statute (See §70-2-17 NMSA 1978) and/or related regulations and/or by the further lease or purchase of minerals.

         (c)   An analysis of the existing site conditions which indicates at a minimum:

            1.   Topographic contours with intervals of no more than 2 feet, to a distance to 100 feet beyond the property boundary. Where the resource to be developed is subterranean, and no building is proposed by the applicant within 330 feet of the proposed NROZ's exterior boundary, the applicant may meet this requirement (and any requirement for scale, other topographic minimum intervals, identification of sloping areas or, except at extraction sites, identification of vegetation in §154.038 (A)(1) and (3)) by providing a government topographic map or maps even though the contour intervals are more than 2 feet. The term BUILDING as used above shall not be defined to mean drilling equipment or production equipment which applicant proposes to use to extract the natural resource;

            2.   Location and extent of major vegetative cover (if any);

            3.   Location and extent of perennial or intermittent streams and water ponding areas, including, but not limited to, the location of all wells and springs;

            4.   Access including ingress and egress to adjacent properties and streets, including, but not limited to the location of all existing and proposed roads to the property and the initial extraction site or sites;

            5.   Existing drainage patterns;

            6.   A surface plat of the property to be explored or from which natural resources are to be extracted;

            7.   The approximate location of exploration and extraction points on the surface plat; these extraction points subsequently may be modified based on results of initial drilling. The modification of extraction points (including, but not limited to, increasing or decreasing the number of extraction points and relocating extraction points) within the NROZ may be made simply by notification in writing addressed to the Zoning Administrator;

            8.   A description of the type of equipment to be used during the exploration and extraction process;

            9.   The anticipated time frame for initial exploration;

            10.   The location of areas proposed for extraction, materials storage and transmission; these initially proposed extraction points, material storage, gas gathering systems, water disposal well or wells, and transmission pipeline locations subsequently may be modified based on the results of the initial drilling;

            11.   The location of all existing and proposed structures within 500 feet of the extraction site; and

            12.   Other information considered relevant by the applicant or county staff.

         (d)   A site plan in accordance with §§154.035 through 154.040, which is designed to retain the maximum amount of productive resource land and prevent disruption of irrigation and natural drainage patterns. At minimum, the site plan must include location, area, dimensions, acreage and legal description of the parcel to be developed or used, together with north point, scale, date of application, and all intended uses, including estimates of the total volume of the resource(s) to be mined and initial contours for the proposed site, provisions for the landscaping and screen-planting of all parts of the site; provisions for preventing the collection and stagnation of water at all stages of the operation, plans, profiles, and cross-sections of all access roads, plans for the reclamation of the site; and all plans must be prepared and submitted at a scale no smaller than 1 inch to 200 feet, with 5 foot contours, and the information shall be furnished for a distance beyond the site sufficient to determine the impact of the operation on adjacent and surrounding lands. Where relevant, plans indicating the alignment and sizing of water lines, sanitary sewers, and storm sewer (if any), as well as easements for all utilities. Also indicated shall be the proposed surface drainage patterns. Where the natural resource to be developed is subterranean it shall not be necessary to deal with classification of soil types within the NROZ or detail their suitable uses;

         (e)   A generalized project development timetable;

         (f)   A generalized geologic and engineering presentation with sufficient data to indicate the presence of a viable resource;

         (g)   Preliminary architectural plans indicating the elevations and exterior finishes of proposed buildings (if any);

         (h)   Evidence to demonstrate the presence of oil, natural gas and/or geothermal resources, evidence of solid mineral resources or other natural resources, of sufficient quantity and quality to justify the grant of the NROZ;

         (i)   Evidence that the applicant has filed for an extraction permit with all state and United States regulatory agencies, including all test and waste discharge operations;

         (j)   Applicants shall provide a form of surety, either through escrow account, bond, or otherwise at the discretion of Valencia County, to cover the cost of repair of any county roads which may be damaged or diminished in quality due to activities; the form of surety may not exceed that imposed on other industrial activities which have or likely will create comparable damage to or comparable diminishment of county roads.

         (c)   The Planning and Zoning Commission shall consider oral or written statements from the applicant, the public, county staff or its own members. The Commission may question the applicant and approve, disapprove, or table NROZ and site plan. The application may not be continued for more than 2 regular meetings of the Planning and Zoning Commission without the consent of the applicant.

         (d)   If the Planning and Zoning Commission determines that the proposed NROZ and site plan will not be detrimental to the health, safety or general welfare of the community nor will burden public facilities or services and at the same time is in harmony with the purposes and intent of this section, the Planning and Zoning Commission may recommend approval of the NROZ and site plan along with the necessary conditions to fulfill the intent of this section. Any determination that the proposed NROZ will be detrimental to health, safety or general welfare must be specific in nature and must be related to the proposed location of the NROZ and cannot be based on generic and speculative harms. In making this determination, the Planning and Zoning Commission must also consider the advantages from the successful development of the natural resource at the proposed NROZ site, including but not limited to the increased economic vitality of county, the potential jobs created and the potential increase in county tax revenue.

         (e)   The Planning and Zoning Commission shall forward its written recommendation to the County Commission, which recommendation must address, at minimum, the criteria outlined in §154.061(C), §154.091(1), and the criteria outlined above.

      (1)   Upon submittal of the NROZ application, the applicant shall also submit a Natural Resources Project schedule. The development of the Natural Resources Project must begin within 24 months from either of the following:

         (a)   If no appeal is timely filed in district court to appeal the Board of County Commissioners approval of the NROZ application, then from the date of the expiration of such time period to appeal; or

         (b)   If an appeal is timely filed in district court to appeal the Board of County Commissioners approval of the NROZ application, then from the date of the expiration and exhaustion of the appeal process.

      (2)   A request for an extension of the 24 month period within which to commence development may be administratively extended administratively for a 1 year period upon receipt of an application for extension at least 60 days prior to the expiration of the 24 month period for the following bases reasons:

         (a)   Final lender approval if money is being borrowed;

         (b)   Delay caused by the failure of state or federal regulatory authority to timely address, or by any party's continuance for any hearing on, drilling applications or pooling applications and/or a de novo hearing or any other appeal of any pooling order which causes a delay in drilling;

         (c)   State or federal laws changed which affected the project, and amended applications or additional documentation is required before the project may begin;

         (d)   A federal, state or local regulatory body requires additional documentation prior to approval; or

         (e)   Unexpected shortages of basic materials such as drill pipe necessary for the project or service contractors such as drilling contractors necessary to carry out the anticipated work.

      (3)   The applicant may propose to develop the Natural Resources Project in phases. Such phasing schedule will be submitted with the application to the county for review and approval by the Board of County Commission. Each phase will be administratively approved without the consent of the Commission.

         (a)   Do not substantially alter the road design or layout;

         (b)   Do not substantially alter the original conditions for approval;

         (c)   Involve no changes in permitted use of the property;

         (d)   Do not change the general character or content of an approved plan in a material way;

         (e)   Have no adverse effect on adjoining or surrounding property;

         (f)   Do not result in any substantial change of major external access points;

         (g)   Do not decrease the minimum specified yard setback;

         (h)   Have no greater adverse effects on traffic operations than the original plan.

         (a)   A NROZ may be used to modify the zoning restrictions of the underlying zoning district of a parcel, in accordance with the requirements of this section. The requirements of this section are in addition to the application requirements set forth in §154.077 and §§154.035 through 154.040. If there is a conflict between the requirements or provisions of this section and those of §§154.077 and 154.035 through 154.040, the requirements or provisions of this section shall govern and supersede those of the other sections.

         (b)   The NROZ designation, if approved by the Board of County Commissioners, shall be considered a holding zone, wherein the underlying zoning of the site shall stay in effect until the removal and reversion of the NROZ by the Commission or by operation of this section. The reversion of the NROZ shall occur by operation of law if not commenced in accordance with Natural Resources Project Schedule detailed herein, or alternatively upon application by the project owner(s), their representative, or the county. Where the natural resource to be developed within the overlay zone is subterranean, and the proposed subterranean development and the underlying zoning development of the site are compatible, the Board of County Commissioners shall recognize that compatibility and allow both to proceed.

         (a)   The land proposed for the NROZ may be owned by multiple owners if all parties with interests in such land execute the NROZ site plan application. A NROZ shall not be approved unless the applicant(s) has/have acquired actual ownership or executed a longterm lease (10 years or more) for all the property composing the proposed NROZ. However, where the natural resources to be developed are subterranean, as in the case of oil, natural gas, hydrogen, or geothermal resources, the applicant must show surface ownership, or control by lease, of the proposed initial surface drill site or sites and ownership or lease of at least 50% of the minerals within the proposed NROZ area together with a plan to acquire the right to drill and produce the natural resource or resources from the spacing unit or units associated with the initial proposed drill site or sites within the NROZ by utilization of the State's Pooling statute, NMSA 1978, §70-2-17 and/or related regulations and/or the further lease or purchase of minerals. Where the natural resource to be developed is a subterranean resource, a lease need not be 10 years, but it must contain a lease provision continuing the lease during the life of production produced from the lease.

         (b)   For purposes of this section, project owner or owners, or any assignee of the project owner or owners for all or any portion of the Natural Resources Project, shall be defined as the applicant for the purposes of development of subterranean natural resources.

         (a)   Extraction shall not be conducted within 100 feet of any zoning district boundary; and shall not be conducted closer than 500 feet from any residential dwelling.

         (b)   1.   Processing activities shall not be conducted within 500 feet of any RR or SR zoning district boundary. In no case shall processing and other processing-related activities be conducted closer than 500 feet from any residential dwelling.

            2.   In no case shall mining, processing and other processing-related activities be conducted closer than 1,000 feet from any school, clinic, or any health care facility existing at the time of adoption of this chapter.

         (c)   The following minimum standards shall be observed in the siting of all exploration and extraction wells:

 

 

         (d)   All equipment storage shall be set back a minimum of 500 feet from any existing dwelling or 100 feet from any other boundary of the parcel.

         (a)   All excavation, including blasting, processing, maintenance and truck traffic shall be conducted in a manner that minimizes the adverse effect to persons and activities on adjoining property due to noise, dust, odor, vibration or surface water pollution or erosion.

         (b)   Any mining operation shall not exceed state or federal standards for noise emission, air contamination and water quality standards. Additionally, federal environmental quality permits shall be obtained for each site if required by federal law.

         (c)   Excavation which results in ponding shall be deep enough to prevent stagnation and development of mosquito-breeding areas or shall be backfilled with a material that will not impair groundwater quality. However, where the natural resource being produced is a subterranean resource the drilling for which and the extraction of which is governed by state law and/or regulations such state law and/or regulations shall supersede this provision.

         (a)   All access to a Natural Resources Project site shall be by a route or routes approved by the Commission and shall be constructed and maintained by the applicant in a manner as to eliminate, as far as practical, noise or dust that adversely affects persons living in the vicinity, or crops or livestock being raised in the vicinity.

         (b)   Approval of road routes shall be based on the following criteria:

            1.   The applicant presents evidence demonstrating roads, bridges and culverts on the routes to and from the proposed facility are able to support the projected loadings;

            2.   Management techniques used to protect against noise, odor, dust, litter, and dangerous or hazardous conditions on the proposed routes are mitigated to the maximum extent available;

            3.   Acceptable load limits placed on local roads are not, or will not be exceeded by the proposed use; and

            4.   Based upon weight bearing capacities of any access roads on any of the proposed routes, the county determines that improvements to the roads designated as routes must be made by the applicant before the proposed use of the route begins.

         (a)   All excavation, processing and stockpiling of mineral resources shall take place under conditions which will provide for the reclamation of the site for future uses and will protect the safety of the public.

         (b)   If planned drilling is within one quarter mile of a home or homes, unless the homeowner or homeowners otherwise consent(s) in writing, all work in preparation of the site for drilling shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Delivery or removal of equipment of materials shall be limited to the hours between 7:00 a.m. and 7:00 p.m., except in case of emergency.

         (c)   Unattended well sites shall be enclosed with a 6 foot chain link fence with a locked gate.

         (d)   All extraction operations shall be in compliance with state and federal standards on noise, vibrations and emissions.

         (e)   Off-street parking shall be provided at a ratio of 3 spaces per well site.

         (f)   Light rays shall be directed or shielded to confine direct rays to the site as required by the Night Sky Protection Act, NMSA 1978, §74-12-1 et seq.

         (g)   The drilling site and access roads to the site shall be treated to reduce dust and mud.

         (h)   Blasting shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday. No blasting shall occur on Sundays or federal or state holidays. In the event the operator cannot comply with this restriction due to unforeseen circumstances, the operator may exceed the limitations set forth above; provided that in no event shall the owner or operator blast outside the restrictions set forth above more than 4 times in 1 calendar year.

         (i)   Prior to a blasting operation, the operator shall be responsible for notifying adjacent property owners as to the date and approximate time of the blasting activity.

         (a)   Ordinance 2022-03 is expressly repealed. If there is a conflict between the requirements or provisions of this section and those of any other part of the Interim Comprehensive Zoning Chapter of Valencia County, the requirements or provisions of this section shall govern and supersede any of those of any other part of Chapter 154.

         (b)   If there is a conflict between the state law and/or regulations regarding subterranean resources (including but not limited to oil and gas) and the Interim Comprehensive Zoning Chapter of Valencia County (Chapter 154), then such state law and/or regulations shall govern and supersede any such requirement or provision of Chapter 154.

      (1)   If the applicant ceases operation of the Natural Resources Project or begins, but does not complete, construction of the project, the applicant shall restore and/or reclaim the site according to the reclamation plan. A temporary shutdown of the Natural Resources Project for up to 1 year, shut-in well(s), a temporary abandonment of any well(s) or a temporary cessation of production will not initiate this provision.

      (2)   At the time of issuance of application for the construction of the Natural Resources Project, the owner shall provide financial security in the form and amount acceptable to Valencia County to secure the expenses of dismantling and removing structures and to reclaim the parcel, and enter into a performance agreement with the county for any improvements required pursuant to the project. A project owner is required to notify Valencia County immediately upon cessation or abandonment of the operation. The owner shall have 12 months in which to dismantle and remove the structures and equipment from the property. A project owner may apply for a 90 day extension of the decommissioning time, provided such application is made at least 60 days before the end of the construction in decommissioning of the plant. However, where the natural resource which was produced was a subterranean resource the drilling for which and the extraction of which is governed by state law and/ or regulations, the state law and/or regulations shall govern financial security or assurance and site reclamation requirements and the plugging of wells and shall supersede these provisions regarding reclamation. If that state law and/or regulations required the owner to provide to the state a plugging bond covering the plugging of the well or wells and remediation of the drill site or drill sites, the bonding provided by the owner to the state shall substitute for the financial security required in this division.

      (3)   Any parcel or site used for a Natural Resources Project shall be reclaimed in accordance with the site operation and reclamation plan on file with and approved by the county.

      (4)   The approved reclamation plan shall be implemented in accordance with the schedule contained therein showing the planned order and sequence of the reclamation.

      (5)   The approved reclamation plan shall require all excavations to be backfilled, contoured or terraced or put to a use shown on the reclamation plan which is compatible with the final depth and slopes within the excavation site.

      (6)   The approved reclamation plan shall require topsoil be saved and stored in a manner as to prevent erosion, and that the topsoil shall be replaced to at least the depth of the original overburden, or to a depth adequate to achieve the approved reclamation use.

      (7)   The approved reclamation plan may, in the county's discretion, provide for reclamation of portions of the site prior to total exhaustion of the resource found on the site.

(Ord. 2022-05, passed 7-14-2022)