§ 14-11-9 REMEDY.

   If any person infringes on or plans to infringe on solar rights which have been defined under the terms of this article, the owner of the relevant solar collector may bring civil action against such person to obtain damages and/or enjoin the offending action or object.

('74 Code, § 7-2-9) (Ord. 80-1981)

ARTICLE 12: LANDMARKS AND URBAN CONSERVATION

Editor's Note: § 14-12 Landmarks and Urban Conservation was updated, incorporated into, and replaced by the Integrated Development Ordinance, Ord. 14-16, et seq., Council Bill O-17-49, approved 11-13-17. See now ROA §§ 14-16-6, et seq.

ARTICLE 13: PLANNING; GOALS AND OBJECTIVES

Section

Part 1: Planned Growth Strategy

   14-13-1-1   Findings

   14-13-1-2   Definitions

   14-13-1-3   Planned Growth Strategy Implementation Advisory Task Force

   14-13-1-4   Impact fees; other development related charges

Part 2: Planning

   14-13-2-1   Short title

   14-13-2-2   Rank importance of city plans

   14-13-2-3   Planned Growth Strategy

   14-13-2-4   Redevelopment plans

   14-13-2-5   Procedure for plan adoption or amendment; fee

   14-13-2-6   Annually revised planning program

Part 3: Environmental Planning Commission

   14-13-3-1   Environmental planning commission created

   14-13-3-2   Duties, responsibilities, and powers

   14-13-3-3   Organization, meetings

   14-13-3-4   Staff

   14-13-3-5   Beautification committee

   14-13-3-6   City of Albuquerque’s Greater Albuquerque bicycling advisory committee

   14-13-3-7   Open space advisory board

   14-13-3-8   City of Albuquerque’s Greater Albuquerque recreational trails committee

Part 4: Infrastructure and Growth Plan

   14-13-4-1   Intent

   14-13-4-2   Adoption

Part 5: Land Use Assumptions

   14-13-5-1   Findings

   14-13-5-2   Land use assumptions

   14-13-5-3   Periodic review and update

PART 1: PLANNED GROWTH STRATEGY

§ 14-13-1-1 FINDINGS.

   (A)   The City has authority to adopt a comprehensive "master" plan as granted under Chapter 3, Article 19, NMSA 1978 and by the City Charter as provided under Home Rule provisions of the Constitution of New Mexico.

   (B)   In response to a variety of concerns expressed by the public and local elected officials with regard to the environmental, economic, social, and fiscal impact (the costs and benefits) of growth and development in the metropolitan area, and the concern that the Albuquerque/Bernalillo County Comprehensive Plan and other policy and implementation tools in use are not a fully effective growth management system, the City and the County of Bernalillo began a joint effort in 1998 culminating in the two volume Planned Growth Strategy report that was completed in the Fall of 2001.

   (C)   The Planned Growth Strategy report was developed with the assistance of consultants, including Parsons Brinckerhoff; Camp Dresser & McKee; Ch2M-Hill; Wilson and Company; Freilich, Leitner & Carlisle; Friedmann Resources; Growth Management Analysts; Lora Lucero, Esq.; Michael McKee, Ph.D.; and Sites Southwest.

   (D)   The Planned Growth Strategy project was assisted by planning and engineering professionals from City and County government, the Middle Rio Grande Council of Governments, other local governments, and by individual citizens.

   (E)   The Planned Growth Strategy report was guided by the counsel received from participants at Town Halls held in 1998 and 1999 organized by Shared Vision, Inc., and also by the findings of citizen surveys carried out by the City's Office of Management and Operations Improvement.

   (F)   The Planned Growth Strategy development process was assisted by advice and comments from the PGS Advisory Committee that included representatives of the business community, developers, Albuquerque Public Schools, neighborhood associations, and a planning advocacy group.

   (G)   The Planned Growth Strategy report was reviewed at important junctures by a Policy Committee consisting of elected officials from the Albuquerque City Council and the Bernalillo County Commission, the Bernalillo County Manager, and the Chief Administrative Officer of the City.

   (H)   The Planned Growth Strategy report contains a comprehensive and integrated growth management policy analysis and program for the urban area of Bernalillo County, and implementation of the Planned Growth Strategy as defined herein should include coordination with Bernalillo County.

    (I)   The Planned Growth Strategy report found that the Albuquerque area faces critical challenges related to deteriorated infrastructure; back-log of infrastructure rehabilitation and deficiency correction projects; natural resource conservation and preservation related to land, water, and air quality; traffic congestion; timely provision of infrastructure, parks, schools and other facilities to support new development; and the decline of some older neighborhoods.

   (J)   The existing City/County Comprehensive Plan and sector, redevelopment, and area plans contain valuable policies and vision to guide the City's actions.

   (K)   There are inconsistencies between adopted community plans and the structure of development regulations, design and infrastructure standards, charges and fees, and approval processes that result in an undesirable gap between conditions and our best aspirations for the community.

   (L)   Economic growth and development, i.e., new and well-paid jobs, should remain a priority of the City in order to ensure that the City continues to remain a vibrant and thriving community with opportunities for its citizens now and in the future.

   (M)   Recognized comprehensive community-building principles have not been and should be incorporated into the routine planning, standards, and functioning of City departments and into their joint efforts with other governmental agencies and public and private organizations.

   (N)   Various work activities identified in the City's FY 03 Performance Plan are in progress which aim to reform zoning, land use and design requirements in keeping with principles of the Planned Growth Strategy.

   (O)   The Planned Growth Strategy implementation approach shall be based on a concerned, informed and engaged community, an open and dynamic process of improvement, systematic public comment, and confidence that conditions can be made better through local action.

   (P)   In order to achieve the long term goals of the policies described in the Planned Growth Strategy report and the City/County Comprehensive Plan, a number of near- and long-term actions are needed.

(Ord. 34-2002)

§ 14-13-1-2 DEFINITIONS.

   For the purpose of this part (§§ 14-13-1-1 - 14-13-1-4), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   IMPACT FEE COMMITTEE. The advisory committee pursuant to Section 5-8-37 of the New Mexico Development Fees Act, which shall be created according to the provisions of the New Mexico Development Fees Act.

   INFRASTRUCTURE AND GROWTH PLAN. The forecasts of population, housing, and employment, for ten and twenty-five year periods, in total and by subareas, contained in the Planned Growth Strategy report and as adopted by the Council after these forecasts have incorporated the MRCOG 2025 county-wide forecasts for total population, housing and employment. The Infrastructure and Growth Plan should be reviewed, and updated if necessary, every three to five years.

   PLANNED GROWTH STRATEGY. The provisions of this Ordinance as specifically identified herein and as amended or complemented by subsequent legislation that shall be specifically identified as a part of the Planned Growth Strategy when such legislation is adopted.

   PLANNED GROWTH STRATEGY IMPLEMENTATION ADVISORY TASK FORCE. The principal citizen advisory group that shall review, comment upon, and make recommendations regarding all of the City’s efforts to implement the Planned Growth Strategy.

(Ord. 34-2002; Am. Ord. 21-2010)