|§ 14-13-3-2 DUTIES, RESPONSIBILITIES, AND POWERS.|
(A) Delegation by City Council. There is hereby delegated to the EPC the following power and authority:
(1) Study. The EPC shall study urban and regional planning and means of protecting and improving the environment. The EPC may request assistance of staff of the city by request to the Mayor.
(2) Advisory Functions. The EPC shall advise the Mayor, City Council, and city staff concerning the development and revision of community goals, plans for urban development and protection of the environment, policies on development and on protection of the environment, ordinances appropriate for effecting such plans and policies, annexation to the city, programming of capital improvements for the city, the designation of land desirable and needed for public purposes, the adoption of air and water quality standards, and other appropriate matters.
(3) Public Education. The EPC shall promote the understanding of planning and environmental matters among public officials as well as residents of Albuquerque and its environs.
(4) Environmental and Economic Impact Analyses. The EPC shall review all environmental and economic impact analyses prepared by the city or required of others by the city, or submitted to the EPC by other interested parties on matters under consideration by the EPC.
(5) Approval of Extraordinary Facilities in City Parks and Open Space. If extraordinary facilities are proposed for city-controlled parks or open space, EPC approval of a site development plan is required before installation or construction. Before considering approval of such facilities, the EPC shall seek the recommendation of the Metropolitan Parks Advisory Board and/or the Open Space Advisory Board, according to their jurisdiction over the area. The decision of the EPC may be appealed to the City Council if appeal is filed with the Planning Director within 15 days of the decision. For the purpose of this division (5):
(a) EXTRAORDINARY FACILITIES IN PARKS are those which are not primarily for facilitating recreation, relaxation, and enjoyment of the outdoors; they do not include incidental parking and access roads, nor do they include infrastructure not visible on the surface;
(b) EXTRAORDINARY FACILITIES IN OPEN SPACE are those other than trails, fencing, signs, incidental parking lots, and access roads.
(6) Other Duties, Responsibilities, and Powers. The EPC has such other duties, responsibilities, and powers as may be delegated to it by the City Council, including but not limited to powers delegated by the Zoning Code and Subdivision Regulations.
(B) Committees. EPC may form standing committees from EPC members in order to carry out the assigned duties, responsibilities and powers of the EPC. The EPC shall select the EPC members to serve on its committees and may select the Chairperson of EPC committees except as otherwise specified by §§ 14-13-3-1 et seq. Members of EPC committees who are not members of the EPC are allowed only as authorized in §§ 14-13-3-1 et seq. Where committee members from the general public are authorized, the EPC may recommend to the Mayor people whom it believes to be well qualified for appointment.
(C) Task Forces. The EPC may form task forces consisting of EPC members and the general public and may select the members and Chairperson of any task force. For the purposes of this division, TASK FORCE means an advisory group established to carry out a specific assignment for a predetermined time, not to exceed 18 months.
(D) Relationship of the EPC to its Committees and Task Forces. Committees and task forces of the EPC shall report to the EPC on their activities at least semi-annually, and as may be directed by the EPC. The EPC may set guidelines for the communication from its committees and task forces to other governmental entities and the public. The EPC may take an advisory position on a matter which is different from the advisory position of an EPC committee or task force; however, the EPC shall not convey its advice to another governmental entity or the public without also conveying the position of its committee or task force on the same matter.
(E) Delegation of Planning Commission duties, responsibilities, and powers to a staff hearing officer or Zoning Hearing Examiner may be authorized by rule of the Planning Commission in the following cases:
(1) Matters determined by the Planning Commission as provided by the Zoning Code, except not the adoption or amendment of sector development plans and not the hearing of appeals; in addition, advice on Zoning Code text amendments shall not be delegated;
(2) Matters determined by the Planning Commission as provided by the Subdivision Regulations; and
(3) Advice to the City Council as to proposed annexations.
('74 Code, § 7-15-2) (Ord. 294-1972; Am. Ord. 10-1983; Am. Ord. 90-1983; Am. Ord. 79-1989)
|§ 14-13-3-1 ENVIRONMENTAL PLANNING COMMISSION CREATED.|
(A) Creation. There is hereby created an Environmental Planning Commission of the city, hereinafter called the "EPC." The EPC constitutes the "City Planning Commission" or the "Planning Commission" for the purposes of any other ordinance of the city which refers to such body.
(B) Membership. The EPC is composed of nine members:
(1) Members shall meet the qualifications set forth in §§ 2-6-1-1 et seq., the Public Boards, Commissions and Committees Ordinance.
(2) There shall be one member of the EPC residing in each City Council District. When a vacancy on the EPC occurs, the Councilor representing the District in which the vacating member of the EPC resides shall nominate two members to the EPC who reside in his or her respective Council District. The Mayor shall then appoint one of these recommended members to the EPC with the advice and consent of the Council. The Mayor shall deliver to the Council the Mayor's recommendation from the two names submitted within 30 days of delivery of the two names to the Mayor. If the Mayor fails to timely make a recommendation from the two names submitted, the Councilor who submitted the names may appoint one of the two recommended members subject to the advice and consent of the Council.
(C) Terms, Vacancies, Member Removal. Except as otherwise set forth herein, matters concerning appointments, including terms, vacancies, and member removal, shall be as set forth in § 2-6-1-1 et seq.
(D) Expansion. It is contemplated that the EPC will subsequently be expanded into and become a part of Metropolitan Environmental Planning Commission through the appointment of members by the Bernalillo County Board of County Commissioners.
('74 Code, § 7-15-1) (Ord. 294-1972; Am. Ord. 4-1976; Am. Ord. 90-1983; Am. Ord. 40-1994; Am. Ord. 25-2004; Am. Ord. 1-2008)