6-4(S)(1)(a) Upon request, the ZEO shall issue a written declaratory ruling as to the applicability of the IDO to a proposed development or activity. In determining whether a use not specifically allowed by this IDO can be considered as allowable in a particular zone, the similarity to and compatibility with other allowable uses in that zone shall be determining factors.
6-4(S)(1)(c) Declaratory rulings may be appealed to City Council, with a recommendation by the LUHO, pursuant to Subsection 14-16-6-4(V) (Appeals).
6-4(S)(2)(b) Impact fee assessments may be appealed pursuant to Subsection 14-16-6-4(V)(3)(c) (Environmental Planning Commission - Appeal of an Impact Fee Assessment).
6-4(S)(3)(a) All development that will involve surface disturbance of an area equal to or greater than 32,670 square feet (¾-acre) requires review by the City Environmental Health Department pursuant to the Air Quality Regulations adopted by the Albuquerque-Bernalillo County Air Quality Control Board and found in Part 20.11.20 of the NMAC (Fugitive Dust Control) and the DPM. In case of a conflict with any standards in this IDO, those requirements prevail.
1. Discuss the project with a representative of the City Environmental Health Department Air Quality Program to determine the need for a fugitive dust control construction permit and appropriate site-specific dust control measures.
2. Obtain required signatures from the permittee, owner, operator, and/or responsible person. For surface disturbance equal to or less than 25 acres, allow up to 10 business days for application review. For surface disturbance greater than 25 acres, allow up to 20 business days for application review.
6-4(S)(4)(a) All development that will involve site grading or paving shall comply with Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control), the DPM, and any other relevant provisions of this IDO in order to address potential soil erosion, storm drainage, and air quality impacts that may occur from those activities. In case of a conflict with any standard in this IDO, the standards and procedures in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control) or the DPM shall prevail.
1. Grading activities that involve disturbance of less than 1 acre of land and/or relocation of less than 500 cubic yards and are not located adjacent to a watercourse or within a Special Flood Hazard Area do not require a permit, but may be reviewed by the City Engineer.
2. Grading activities that involve disturbance of one acre or more, relocation of 500 cubic yards or more, and/or are located adjacent to a watercourse or within a Special Flood Hazard Area require a sediment control permit and a grading permit.
3. Paving of 10,000 square feet or more require a paving permit.
4. Resurfacing of previously paved areas that does not involve land disturbance does not require a paving permit or review.
6-4(S)(5)(a) Standards and procedures for obtaining a landfill gas mitigation approval are generally governed by the City Environmental Health Department, whose applicable standards and procedures, including any applicable federal, State, and local laws, regulations, and policies, including but not limited to Subsection 20.6.2.4103.A of the New Mexico Administrative Code (NMAC), prevail over the IDO or DPM. In case of a conflict between the provisions of this Subsection 14-16-6-4(S)(5) and the standards and procedures of the DPM, the DPM shall prevail.
6-4(S)(5)(b) This Subsection 14-16-6-4(S)(5) is not intended to affect planning or administrative processes that are not associated with physical changes to the lot other than to raise awareness of procedures related to landfill gases that must be undertaken prior to development.
6-4(S)(5)(c) A landfill gas mitigation approval is required for all of the following types of permits or applications on any property within a landfill gas buffer area pursuant to Subsection 14-16-5-2(H) (Landfill Buffers) in addition to any other applicable review and approval requirements:
1. Grading, Drainage, and Paving Approvals or Fugitive Dust Control Construction Permit.
2. Permit - Sign for new freestanding sign.
3. Permit - Wall or Fence - Minor.
4. Site Plan - Administrative.
5. Wireless Telecommunications Facility Approval for a new freestanding facility.
6. Master Development Plan.
7. Site Plan - EPC.
8. Subdivision of Land - Minor.
9. Subdivision of Land - Major.
1. The applicant shall provide an assessment and report performed and certified by a professional engineer with expertise in landfills and landfill gas to determine if landfill gases exist on the lot and whether there is a potential for the migration of landfill gases to impact the lot or other lots in the future.
2. If the assessment determines that landfill gases exist on the lot or there is a potential for the migration of landfill gases to impact the lot or other lots in the future, the report shall identify landfill gas mitigation measures that are adequate to address any existing or future risk in a landfill gas mitigation plan that meets all of the following requirements.
a. The applicant shall submit copies of the assessment, report, and landfill gas mitigation plan, approved by the City Environmental Health Department, with any application(s) listed in Subsection 14-16-6-4(S)(5)(c) related to the property.
b. The applicant shall commit in writing to the landfill gas mitigation plan as a condition of approval on all official documents, including but not limited to plats, plans, and permits, filed at the City Planning Department in relation to development of the property. In the case of a large corporation, this letter of commitment shall be signed by a representative with the authority to commit the corporation to implementing the landfill gas mitigation plan.
c. The City Environmental Health Department shall acknowledge receipt of the letter of commitment to the applicant and provide a copy to the City Planning Department for filing.
d. The applicant shall include the following disclosure statement on any official documents filed at the Planning Department in relation to development of the property such as plats, plans, or permits:
"The subject property is located (near / on) a (closed / operating) landfill. Due to the subject property being (near / on) a (closed / operating) landfill, certain precautionary measures may need to be taken to ensure the health and safety of the public. Recommendations made by a professional engineer with expertise in landfills and landfill gas issues (as required by the most current version of the Interim Guidelines for Development within City Designated Landfill Buffer Zones of the City Environmental Health Department) shall be consulted prior to development of the site."
e. The City Environmental Health Department shall refer any development that appears to require regulation by the State due to removal of landfill materials, such as for grading or required off?site infrastructure, to the New Mexico Environment Department - Solid Waste Bureau.
3. If the assessment and report indicate that there is no landfill gas at the property and there is no future risk from the migration of landfill gases, the assessment and report shall state how such a determination was made and the applicant shall do both of the following:
a. Submit copies of the assessment and report approved by the Environmental Health Department with any application(s) listed in Subsection 14?16?6-4(S)(5)(c) related to the property.
b. Include the disclosure statement in Subsection 2.d above on any official documents filed at the Planning Department in relation to the development such as plats, plans, or permits.
4. The Environmental Services Division of the City Environmental Health Department or its consultant shall review the assessment and report, and landfill gas mitigation plan if applicable, and shall approve or reject them in writing within 20 business days of its submission. If the documents are not acceptable, the City Environment Health Department shall advise the applicant of the changes needed and the applicant shall submit revised documents for review and approval.