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6-2   REVIEW AND DECISION-MAKING BODIES
   6-2(A)   CITY COUNCIL
   The City Council is the zoning authority for the City of Albuquerque and has authority to make decisions on those types of applications shown as City Council responsibilities in Table 6-1-1. The City Council has delegated some of its broad planning and zoning authority to the Environmental Planning Commission (EPC) and Zoning Hearing Examiner (ZHE) as authorized by law, and the effect of those delegations is shown in this IDO. As the ultimate land use authority for the City, appeals of decisions by any lower authority listed in this Section are referred to the Land Use Hearing Officer (LUHO) for a hearing and recommendation, and then reviewed or heard by the City Council for a final determination.
   6-2(B)   CITY STAFF
   6-2(B)(1)   City Planning Department
   The City Planning Department staff is responsible for day-to-day administration of this IDO, unless this IDO states that another individual, department, or body has a specific responsibility.
   6-2(B)(1)(a)   City Archaeologist
      1.   The City Archaeologist is an employee or consultant of the City Planning Department and has authority to approve or deny applications for a Certificate of No Effect or for a Certificate of Approval of a proposed treatment plan per Subsection 14-16-6-5(A) (Archaeological Certificate).
      2.   The City Archaeologist shall be a qualified archaeologist.
      3.   The City Archaeologist shall have the following responsibilities:
         a.   Consult the New Mexico Cultural Resources Information System and other information sources to compile and maintain a digital database of surveyed areas, site locations, site types, cultural time periods, and site conditions that is compatible with the Albuquerque Geographic Information System.
         b.   Determine whether an archaeological resource is of historic or pre-historic significance.
         c.   Inspect ground-disturbing activities and/or archaeological resources, as needed.
         d.   Coordinate with other departments and divisions as necessary to ensure compliance with treatment plans.
         e.   Such other activities that will promote the public's understanding and appreciation for the City of Albuquerque's archeology.
   6-2(B)(1)(b)   Planning Director
   The Planning Director has overall responsibility for the decisions of City Planning Department staff and may delegate authority as necessary to any staff member.
   6-2(B)(1)(c)   Zoning Enforcement Officer
      1.   The Zoning Enforcement Officer (ZEO) is a member of the City Planning Department staff and has authority to interpret this IDO pursuant to Subsection 14-16-6-4(A) (Interpretation).
      2.   The ZEO has responsibility for making formal determinations as to how this IDO applies to specific situations, proposed development projects, and lots.
      3.   The ZEO is the formal issuing authority for those permits, approvals, licenses, or certificates that may be issued by the City Planning Department without review or approval by a higher authority.
      4.   The ZEO has the authority determine whether violations of this IDO have occurred and to determine which of the enforcement tools in Section 14-16-6-9 (Violations, Enforcement, and Penalties) will be used to enforce this IDO, and in what order those tools will be used.
   6-2(B)(1)(d)   Other City Planning Department Staff
   The City Planning Department staff makes recommendations and decisions as indicated in Table 6-1-1. Relevant City Planning Department staff members include the City Engineer and his/her designee for hydrology and transportation, Historic Preservation Planner, Impact Fee Administrator, Floodplain Administrator, and others, depending on the type of application involved and delegation of responsibilities granted.
   6-2(B)(2)   Other City Department Staff
   Other relevant City staff may include those from the Parks and Recreation Department, Environmental Health Department, Department of Municipal Development, or others, depending on the type of application involved and delegation of responsibilities granted.
   6-2(C)   DEVELOPMENT PROCESS MANUAL EXECUTIVE COMMITTEE
   The Development Process Manual (DPM) Executive Committee is a group of 11 individuals appointed by the City to review and approve changes to the DPM.
   6-2(C)(1)   Membership
   The DPM Executive Committee membership includes:
   6-2(C)(1)(a)   City Planning Department Director (Co-chair).
   6-2(C)(1)(b)   City Department of Municipal Development Director or designated representative (Co-chair).
   6-2(C)(1)(c)   Manager or designated representative of Urban Design and Development Division of the City Planning Department.
   6-2(C)(1)(d)   City Engineer.
   6-2(C)(1)(e)   City Attorney or designated representative.
   6-2(C)(1)(f)   ABCWUA representative.
   6-2(C)(1)(g)   Five (5) members who are actively involved in land development activities either as developers, consultants, or planners or as representatives of community organizations.
   6-2(C)(2)   Responsibilities
   The DPM Executive Committee is authorized to adopt changes to the DPM pursuant to those procedures set forth in the DPM.
   6-2(D)   DEVELOPMENT REVIEW BOARD
   The Development Review Board (DRB) is a board made up of staff members from City Departments and Agencies relevant to reviewing private development to ensure that technical standards, including but not limited to those regarding land use, zoning, infrastructure, and transportation, have been met.
   6-2(D)(1)   Membership
   The DRB membership includes:
   6-2(D)(1)(a)   City Planning Department Director (Chair).
   6-2(D)(1)(b)   City Engineer designee for hydrology (who may also function as a designee for AMAFCA).
   6-2(D)(1)(c)   City Engineer designee for transportation.
   6-2(D)(1)(d)   Zoning Enforcement Officer.
   6-2(D)(1)(e)   Parks and Recreation Department representative.
   6-2(D)(1)(f)   ABCWUA representative.
   6-2(D)(2)   Responsibilities
   The DRB has the responsibility to make decisions on those types of applications shown as DRB responsibilities in Table 6-1-1.
   6-2(E)   ENVIRONMENTAL PLANNING COMMISSION
   The EPC is a 9-member board nominated by City Council members and appointed by the Mayor with the advice and consent of the City Council. The EPC is the "City Planning Commission" or the "Planning Commission" for the purposes of any other law or policy that refers to such body.
   6-2(E)(1)   Membership and Qualifications
   The EPC shall include a resident of each City Council District, with experience in community planning, architecture, landscape architecture, urban design, real estate development, transportation, civil engineering, and/or real estate finance, and shall be subject to additional provisions, including terms of office, in Article 2-6 of ROA 1994 (Public Boards, Commissions, and Committees).
   6-2(E)(2)   Appointments
   6-2(E)(2)(a)   If an EPC member’s term of office is ending, that member is eligible for reappointment to the EPC, and the City Councilor in whose District that member resides desires to reappoint the member, the City Councilor shall so notify the City Council and the member shall be reappointed subject to the advice and consent of the City Council.
   6-2(E)(2)(b)   When a vacancy on the EPC occurs:
      1.   The Mayor shall notify a City Councilor in writing that his/her District member's term of office has expired or the position is otherwise vacant, and that the City Councilor shall have 60 calendar days to submit 2 recommended appointments to fill that position. If the City Councilor fails to submit 2 names within 60 calendar days of notification, the Mayor shall have the right to make the appointment subject to the advice and consent of the City Council.
      2.   The Mayor shall then recommend 1 of the 2 individuals recommended by the City Councilor for appointment with the advice and consent of the City Council.
      3.   The Mayor shall deliver to the City Council the Mayor's recommendation from the 2 names submitted within 30 calendar days of delivery of the 2 names to the Mayor. If the Mayor fails to timely make a recommendation from the 2 names submitted, the City Councilor who submitted the names may appoint one of the 2 recommended members, subject to the advice and consent of the City Council.
   6-2(E)(3)   Responsibilities
   The EPC has the responsibility to:
   6-2(E)(3)(a)   Make recommendations or decisions on those application types shown as EPC responsibilities in Table 6-1-1.
   6-2(E)(3)(b)   Study urban and regional planning and means of protecting and improving the environment and promote the understanding of planning and environmental matters among public officials and residents of the city.
   6-2(E)(3)(c)   Advise the Mayor, City Council, and City staff concerning the development and revision of community goals, Community Planning Area assessments, plans for urban development and protection of the environment, policies on development and protection of the environment, ordinances appropriate for affecting such plans and policies, and annexations to the City.
   6-2(E)(3)(d)   Make recommendations for programming of capital improvements for the City pursuant to Article 2-12 of ROA 1994 (Capital Improvements) and the resolution establishing priorities for each biannual capital improvement plan, designation of land desirable and needed for public purposes, adoption of air and water quality standards, and other appropriate matters.
   6-2(E)(3)(e)   Review any recommendations, concerns, or comments provided by commenting agencies, departments, stakeholders, and the public prior to final decisions.
   6-2(E)(3)(f)   Perform those duties and responsibilities and exercise those powers that may be delegated to it by the City Council through this IDO or independently of this IDO.
   6-2(E)(3)(g)   Form standing committees or task forces from EPC members in order to carry out the assigned duties, responsibilities, and powers of the EPC.
   6-2(F)   FLOODPLAIN ADMINISTRATOR
   The Floodplain Administrator is the public official(s) designated by the City to coordinate the community's participation in the National Flood Insurance Program. The Floodplain Administrator is responsible for administering and enforcing the provisions of Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control), which may affect the processing of applications under this IDO for property in a Special Flood Hazard Area.
   6-2(G)   IMPACT FEE ADMINISTRATOR
   The Impact Fee Administrator has authority to interpret and enforce all provisions of Article 14-19 of ROA 1994 (Impact Fees) and related rules and regulations in order to carry out the general administration of all impact fees. The Impact Fee Administrator shall have the responsibility to:
   6-2(G)(1)   Establish a fee applicable to the most nearly equivalent land use on the fee schedule when no equivalent type of land use is present in either the impact fee schedule or in this IDO, or when a land use has been previously determined to be a miscellaneous land use.
   6-2(G)(2)   Establish the impact fee applicable to a particular development using the procedures described in Article 14-19 of ROA 1994 (Impact Fees) and related rules and regulations.
   6-2(G)(3)   With respect to an independent fee determination described in more detail in the DPM, the Impact Fee Administrator shall do all of the following:
      6-2(G)(3)(a)   Conduct a pre-application meeting with the applicant and representatives of appropriate departments of the City.
      6-2(G)(3)(b)   In accordance with the requirements of Article 14-19 of ROA 1994 (Impact Fees), review the independent fee determination study for sufficiency, methodology, technical accuracy, and findings.
      6-2(G)(3)(c)   In accordance with the requirements of Article 14-19 of ROA 1994 (Impact Fees), establish the amount of the impact fee as a result of the independent study based on the procedures described in Article 14-19 of ROA 1994 (Impact Fees) and any associated administrative rules.
   6-2(G)(4)   Determine exemptions from the requirement to pay an impact fee or reduction in the amount of the fee, based on this IDO, Article 14-19 of ROA 1994 (Impact Fees), and the DPM.
   6-2(G)(5)   Determine the availability and the amount of any refund of an impact fee.
   6-2(G)(6)   Calculate the additional impact fee due in the event of a change of use, redevelopment, or modifications of an existing use.
   6-2(G)(7)   Calculate and grant credits for contributions, dedications, or improvements that may be used to offset any impact fee otherwise due.
   6-2(G)(8)   Maintain separate interest-bearing accounts clearly identifying the payer and category of capital improvements within the service area in which the fee was collected.
   6-2(G)(9)   Ensure that a notice of impact fee assessment is included on the final plat.
   6-2(H)   LANDMARKS COMMISSION
   The Landmarks Commission (LC) is a 7-member board appointed by the Mayor to promote the preservation of Albuquerque's historic and architectural character and to administer the development requirements for designated City historic districts and landmarks pursuant to Section 14-16-3-5 (Historic Protection Overlay Zones) and Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).
   6-2(H)(1)   Membership
   The LC membership includes all of the following:
   6-2(H)(1)(a)   Two (2) members who own property in an HPO zone.
   6-2(H)(1)(b)   One (1) professional architect.
   6-2(H)(1)(c)   One (1) licensed real estate agent.
   6-2(H)(1)(d)   One (1) person knowledgeable in the area of historic preservation.
   6-2(H)(1)(e)   Two (2) additional members with demonstrated expertise in at least 1 of the following areas: architecture, law, graphic arts, planning, real estate, history, construction, or archeology.
   6-2(H)(2)   Qualifications, Terms, and Conduct
   6-2(H)(2)(a)   Qualifications
   All of the members shall have demonstrated, through previous experience or training, an ability and interest relating to preservation of the historic and architectural character of Albuquerque. Members may reside outside of the boundaries of the City if they have special expertise.
   6-2(H)(2)(b)   Terms of Office
   The term of office for each member shall be 3 years, staggered so that approximately one-third of the members’ terms of office expire each year.
   6-2(H)(2)(c)   Public Boards and Commissions
   Except as provided in this Section 14-16-6-2(H), the qualifications, appointment, and conduct of the members of the LC and its organizational structure shall be governed by Part 2-6-1 of ROA 1994 (Public Boards, Commissions, and Committees).
   6-2(H)(3)   Responsibilities
   The LC shall have the following powers:
   6-2(H)(3)(a)   Conduct studies and programs designed to identify and evaluate structures and areas worthy of historic conservation and to review the status of structures and zones already designated.
   6-2(H)(3)(b)   Recommend to the Mayor and City Council landmarks to be designated by the City Council in accordance with the procedures established in this article.
   6-2(H)(3)(c)   Conduct public hearings on applications for Historic Protection Overlay (HPO) zones or landmark structures or sites and make recommendations on those applications to City Council.
   6-2(H)(3)(d)   Prepare and adopt specific development guidelines for any designated landmark or HPO zone.
   6-2(H)(3)(e)   Make decisions on applications for Certificates of Appropriateness – Major for alteration, new construction, or demolition in HPO zones, in accordance with the procedures established in this IDO. The LC delegates authority to make decisions on Certificates of Appropriateness – Minor to the Historic Preservation Planner.
   6-2(H)(3)(f)   Disseminate information to the public concerning historic preservation and seek input from groups and individuals about these matters.
   6-2(H)(3)(g)   Consider methods for encouraging and achieving historic preservation and make recommendations to the Mayor and City Council.
   6-2(H)(3)(h)   Advise the Mayor and City Council on any proposed public improvements that impact the exterior appearance of historic landmarks or significant structures in HPO zones.
   6-2(H)(3)(i)   Review applications sent to the LC by the Historic Preservation Planner for demolition of buildings 50 years or older in areas specified in Subsection 14-16-6-6(B) (Demolition Outside of an HPO) that are outside of HPO zones to determine whether there is a feasible alternative to demolition.
   6-2(I)   LAND USE HEARING OFFICER
   The Land Use Hearing Officer (LUHO) is an attorney designated by the City Council to review and conduct hearings on land use appeals and to recommend findings and determinations to the City Council on those matters shown as LUHO responsibilities in Table 6-1-1.
   6-2(J)   ZONING HEARING EXAMINER
   The ZHE conducts hearings and makes findings and final decisions on those types of applications shown as ZHE decision responsibilities in Table 6-1-1. The ZHE shall have professional experience in both land use and law.