0001| HOUSE GOVERNMENT AND URBAN AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILLS 689 & 1017 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO LAND USE; PROVIDING FOR METHODS OF ANNEXATION, | 0013| ZONING, SUBDIVISION, PLANNING AND PLATTING IN EXTRATERRITORIAL | 0014| ZONES OF CERTAIN MUNICIPALITIES AND COUNTIES; CREATING AN | 0015| EXTRATERRITORIAL LAND USE COMMISSION AND AUTHORITY; PROVIDING | 0016| POWERS AND DUTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA | 0017| 1978. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. A new Section 3-7-17.1 NMSA 1978 is enacted to | 0021| read: | 0022| "3-7-17.1. [NEW MATERIAL] ANNEXATION--CERTAIN | 0023| MUNICIPALITY IN CLASS A COUNTY--PROCEDURES--LIMITATIONS.-- | 0024| A. A petition that seeks the annexation of | 0025| territory contiguous to a municipality having a population over | 0001| two hundred thousand persons located in a class A county shall | 0002| be presented to the city council and be: | 0003| (1) signed by the owners of a majority of the | 0004| number of acres in the contiguous territory; and | 0005| (2) accompanied by a map that shows the | 0006| external boundary of the territory proposed to be annexed and | 0007| the relationship of the territory proposed to be annexed to the | 0008| existing boundary of the municipality. | 0009| B. The city council shall submit the petition to | 0010| the board of county commissioners of the county in which the | 0011| municipality is located for its review and comment. The | 0012| comments shall be submitted to the city council within thirty | 0013| days of receipt. | 0014| C. The city council shall by ordinance approve or | 0015| disapprove the annexation of the territory unless the petition | 0016| for annexation is not signed by a majority of the owners of | 0017| land in the county territory proposed to be annexed. | 0018| D. If the petition for annexation is not signed by | 0019| a majority of the owners of land proposed to be annexed, the | 0020| question of the approval or disapproval of the annexation of | 0021| the land shall be submitted to the extraterritorial land use | 0022| authority for its approval or disapproval. If the | 0023| extraterritorial land use authority approves the annexation, | 0024| the city council may approve the annexation. | 0025| E. When the nonconsenting property owners' | 0001| properties are entirely surrounded by consenting property | 0002| owners, the city council may approve the annexation without | 0003| approval or disapproval of the extraterritorial land use | 0004| authority. | 0005| F. In considering an annexation pursuant to the | 0006| petition method provided in this section, the city council shall | 0007| consider the impact of the annexation on existing county contracts | 0008| and provisions of services such as fire protection, solid waste | 0009| collection or water and sewer service and may make agreements with | 0010| the county to continue such services if it is in the interest of | 0011| the county, the residents of the proposed annexed area or the | 0012| municipality. | 0013| G. A municipality having a population over two hundred | 0014| thousand persons and located in a class A county shall not force a | 0015| resident or business located in the unincorporated area of the | 0016| county to agree to annexation as a condition of extending sewer | 0017| and water service to that person or business, if that sewer or | 0018| water service extension is paid for all or in part by federal, | 0019| state or county money. The municipality may make agreement to | 0020| annexation a condition of extending sewer and water service if the | 0021| extension of the service is paid for entirely with municipal | 0022| money." | 0023| Section 2. Section 3-19-5 NMSA 1978 (being Laws 1965, | 0024| Chapter 300, Section 14-18-5, as amended) is amended to read: | 0025| "3-19-5. PLANNING AND PLATTING JURISDICTION.-- | 0001| A. Each municipality shall have planning and platting | 0002| jurisdiction within its municipal boundary. The planning and | 0003| platting jurisdiction of a municipality: | 0004| (1) having a population of twenty-five thousand | 0005| [or more] to two hundred thousand persons includes all territory | 0006| within five miles of its boundary and not within the boundary of | 0007| another municipality; or | 0008| (2) having a population of less than twenty-five | 0009| thousand persons includes all territory within three miles of its | 0010| boundary and not within the boundary of another municipality. | 0011| B. A municipality having a population over two hundred | 0012| thousand persons located in a class A county shall have planning | 0013| and platting jurisdiction within five miles of the boundary of the | 0014| municipality shared with the county and not within the boundary of | 0015| another municipality through the extraterritorial land use | 0016| commission that shall make recommendations to the extraterritorial | 0017| land use authority. | 0018| [B.] C. If territory not lying within the boundary of | 0019| a municipality is within the planning and platting jurisdiction of | 0020| more than one municipality, the planning and platting jurisdiction | 0021| of each municipality shall terminate equidistant from the boundary | 0022| of each municipality unless one municipality has a population of | 0023| less than two thousand five hundred persons and another | 0024| municipality has a population of more than two thousand five | 0025| hundred persons according to the most recent census. Then the | 0001| planning and platting jurisdiction of the municipality having the | 0002| greatest population extends to such territory." | 0003| Section 3. Section 3-20-5 NMSA 1978 (being Laws 1965, | 0004| Chapter 300, Section 14-19-5, as amended) is amended to read: | 0005| "3-20-5. COUNTY AND MUNICIPAL JURISDICTION OVER | 0006| SUBDIVISION--CONCURRENT JURISDICTION--ACCEPTANCE OF UNAPPROVED | 0007| STREETS--EXERCISE OF JURISDICTION.-- | 0008| A. For the purpose of approving the subdivision and | 0009| platting of land: | 0010| (1) the jurisdiction of a county includes all | 0011| territory not within the boundary of a municipality; | 0012| (2) the jurisdiction of a municipality having a | 0013| population of twenty-five thousand [or more] to two hundred | 0014| thousand persons according to the most recent census includes all | 0015| territory within five miles of the boundary of the municipality | 0016| and not within the boundary of another municipality; [and] | 0017| (3) the jurisdiction of a municipality having a | 0018| population of less than twenty-five thousand persons according to | 0019| the most recent census includes all territory within three miles | 0020| of the municipal boundary and not within the boundary of another | 0021| municipality; and | 0022| (4) a municipality having a population over two | 0023| hundred thousand persons according to the most recent census | 0024| located in a class A county shall share approval authority with | 0025| the county of subdivisions and platting of land within five miles | 0001| of the municipal boundary. Approval shall be through the actions | 0002| of the extraterritorial land use commission and extraterritorial | 0003| land use authority. | 0004| B. Each municipality shall have jurisdiction over the | 0005| territory within its boundary. | 0006| [B.] C. If territory not lying within the boundary of | 0007| a municipality is within the platting jurisdiction of more than | 0008| one municipality, the platting jurisdiction of each municipality | 0009| shall terminate equidistant from the boundary of each municipality | 0010| unless one municipality has a population according to the most | 0011| recent census of less than two thousand five hundred persons and | 0012| another municipality has a population according to the most recent | 0013| census of more than two thousand five hundred persons. Then the | 0014| platting jurisdiction of the municipality having the greatest | 0015| population extends to such territory. | 0016| [C.] D. The county and a municipality shall exercise | 0017| concurrent jurisdiction over territory within the platting | 0018| jurisdiction of both the county and the municipality except as | 0019| provided in Paragraph (4) of Subsection A of this section. | 0020| [D.] E. The governing body of a municipality or the | 0021| board of county commissioners may not locate, construct or accept | 0022| any street dedication until the street dedication is first | 0023| submitted to the planning authority for approval or disapproval. | 0024| If disapproved by the planning authority, the street dedication | 0025| may be approved by a two-thirds vote of all the members of the | 0001| governing body of the municipality having jurisdiction or of the | 0002| board of county commissioners having jurisdiction. A street | 0003| dedication accepted by the planning authority or by a two-thirds | 0004| vote of all the members of the governing body of the municipality | 0005| having jurisdiction or of the board of county commissioners having | 0006| jurisdiction shall have the same status as any other public | 0007| street." | 0008| Section 4. A new section of Chapter 3, Article 21 NMSA 1978 | 0009| is enacted to read: | 0010| "[NEW MATERIAL] EXTRATERRITORIAL ZONING IN CLASS A COUNTY | 0011| WITH MUNICIPALITY OVER TWO HUNDRED THOUSAND--PROCEDURES.-- | 0012| A. In a class A county that has a municipality with a | 0013| population over two hundred thousand persons, extraterritorial | 0014| zoning between that municipality and the county shall be | 0015| determined by an "extraterritorial land use authority". The | 0016| extraterritorial land use authority shall have the jurisdiction | 0017| and powers of an extraterritorial zoning authority and shall carry | 0018| out the duties related to planning and platting jurisdiction, | 0019| extraterritorial zoning, subdivision approval, and annexation | 0020| approval or disapproval as provided in Section 3-7-17.1 NMSA 1978. | 0021| The extraterritorial land use authority shall consist of four | 0022| county commissioners appointed by the board of county | 0023| commissioners and three city councilors or two city councilors and | 0024| the mayor appointed by the municipality. | 0025| B. The extraterritorial zoning commission in a class A | 0001| county having a municipality with a population over two hundred | 0002| thousand persons that is concerned with extraterritorial zoning | 0003| between that municipality and the county shall be known as the | 0004| "extraterritorial land use commission". The commission shall be | 0005| composed of five members of the county planning commission | 0006| appointed by the board of county commissioners and five members of | 0007| the environmental planning commission of the municipality | 0008| appointed by the city council. | 0009| C. The composition of the extraterritorial land use | 0010| commission shall not affect the composition of any other | 0011| extraterritorial zoning commission that may be established in that | 0012| county with any other municipality. | 0013| D. The extraterritorial land use commission shall have | 0014| the authority to carry out duties related to planning and platting | 0015| jurisdiction, subdivision and extraterritorial zoning." | 0016|  |