628 TOWN OF TAOS
ORDINANCES
YEAR:
NUMBER:
( � 8
(771
II
ORDINA14CE #628
ENVIR012,10PIAL IMPAC-T STA'TEMETITS
Upon approval and adoption by the Town Council of Taos, New
Mexico, a certified copy of this ordinance shall be filed, according
to law; in the office of the Town Clerk of Taos, New Mexico.
This Ordinanc,t, shall become of full force and effect as of the
date of its adoption, this being the day of 7Y.
1974.
Signed
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Mayor To of Taos
Attest r
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ORDIIIAPICE.ft1629
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EINVIRrJ"F EiTML !M PACT STKME" "ITS
Upon approval and adoption by the Town Council of Taos, New
Mexico, a certified copy of this ordinance shall be filed, according
to law, in the office of the Town Clerk of Taos, New Mexico.
This Ordinance shall become of full force and effect as off' the
date of its adoption, this being the /� � day of urn' 9J
1974
Signed
Mayor To of Taos
Attest;'
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PROPOSED ORDINANCE, REQUIRING ENVIRONMENTAL IMPACT STATEMENTS
IN THE TOWN OF TAOS, NEW MEXICO
ORDINANCE NO. 6?8
DATE: 3-14-74
AN ORDINANCE CREATING PROCEDURES FOR THE
SUBMISSION OF ACTIVITY CLEARANCE APPLICATIONS,
AND, WHERE REQUIRED, ENVIRONMENTAL IMPACT
STATEMENTS ON PROPOSED ACTIVITIES HAVING AN
IMPACT ON THE ENVIRONMENT WITHIN THE TOWN
OF TAOS AND ITS PLANNING JURISDICTION; AND
DECLARING AN EMERGENCY.
WHEREAS, The Town Council of the Town L, Taos, in the interest of the public
in general desires to protect and preserve environmental features such as water,
air, and other natural endowments, insure the proper use and development of
land, and promote and maintain an aesthetic and humane urban environment,
and
WHEREAS, section-one of this ordinance designates the Town Planning and Zoning
Commission as the Environmental Planning Commission, and provides for an
Environmental Impact Analysis to be made for major projects in the Town and its
planning jurisdiction, and
WHEREAS, an Environmental Impact Statement submitted by an applicant and
based on fact and data, is an effective aid to the Town of Taos in making
decisions regarding the Town's future growth and development;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL, THE
GOVERNING BODY OF THE TOWN OF TAGS, NEW MEXICO:
Section 1 . Environmental Impact Analyses must be prepared for all major proposals
which have potential major effect upon the quality of the environment of the Town
of Taos and its planning jurisdiction . Pursuant to this mandate the Town of Taos
Planning and Zoning Commission, or a subcommittee thereof which they may
designate, will act as the Taos Environmental Planning Commission (EPC) as the
need arises. An activity clearance application must be presented by the applicant
who proposes a project which fits within one of the categories of projects which
must be reviewed under the provision of the ordinance. This application will
constitute the beginning of the review process. This application will be presented
j to the EPC which Will either deem it sufficient information for the requirements
of this ordinance, deem the proposal exempt as set forth in EPC guidelines, or refer
the project to the Environmental Impact Statement (EIS) Review Committee (if one
exists, or the EPC will act in this capacity if no EIS Review Committee exists)
with the stiuplation that an Environmental evaluation is required.
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The Environmental Planning Commission shall have the power to review any
project, permit, applications, policy, program, resolution, or procedure which
may affect the quality of the environment of the Town of Taos and its planning
jurisdiction . This Environmental Planning Commission will have the final decision
making power in accepting or rejecting Environmental Impact Statements as set
forth in this ordinance and thus in accepting or rejecting the proposals under
consideration as constituted. The EPC, or the EIS Review Committee (described
in Section 4 of this ordinance) will decide whether or not an EIS is required or
I whether or not an Activity Clearance Application is sufficient as originally
presented.
Section 2. An Environmental Impact Statement is required to be prepared by
the applicant, operator, agency, or sponsoring government agency for any proposed
project, permit application, policy, program, resolution, or procedure which may
affect the quality of the environment of the Town of Taos and its planning
jurisdiction, unless the propsed action is specifically exempted by Environmental
Planning Commission guidelines, or if an Activity Clearance Application has been
deemed sufficient by the Environmental Planning Commission.
Section 3. An Environmental Impact Statement must factually describe the activity
in accordance with those guidelines as determined by the Environmental Planning
Commission .
Section 4. If the Environmental Plqnning Commission deems it desirable, it may
request that the Town Administrator appoint a permanent Environmental Impact
Statement Review Committee and its Chairman, composed of City staff, otherwise
the EPC will act as the EIS Review Committee as stipulated in this ordinance .
Section 5. Copies of the Environmental Impact Statements and town staft comments
will be available for public review concurrent with the agenda announcement by
the Environmental Planning Commission . Copies will be available at a charge to
be determined by the Town Administrator to cover the cost of providing same.
Section 6. The Environmental Planning Commission shall c=Naa�Ns
prepared Environmental Impact Statements and the written of
Town staff members or the Review Committee, should it exist, prior to arriving
at its decision regarding the proposed activity.
Section 7. Acceptance by the Environmental Planning Commission of an
Environmental Impact Statement will remain in effect for a twenty-four (24) month
period, provided that the scope, intent, or nature of the proposed action is not
changed.
Section 8. An Environmental Impact Statement is required for any activity set
forth in Section 2 hereof, for which final approval of the Town has not been grant-
as of the effective date of this ordinance .
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Section 9. Severability. If any section, paragraph, senteri,-a, clause, phrase, or
part hereof are for any reason declared unconstitutional or invalid, the validity
of the remaining portions hereof shall not be affected since it is the express intent
of the Town Council, the governing body of the Town of Taos to pass each
section, subsection, paragraph, clause, phrase, and every part hereof separately
and independently of every other part.
Section 10. Emergency, Publication, and Effective Date. This ordinance is hereby
declared to be an emergency measure on the grounds of urgent public need. It
is therefore to become effective immediately after passage and publication in full
as provided by law.
ENVIRONMENTAL PLANNING COMMISSION GUIDELINES
FOR ENVIRONMENTAL IMPACT ANALYSIS PROCEDURES
An Environmental Impact Statement is required to be prepared by the applicant,
operator, agency, or sponsoring government agency for any proposed project, permit
application, policy, program, resolution or procedure which may affect the quality
of the environment of the Town of Taos and its planning jurisdiction, unless
the proposed activity is specifically exampted by Environmental Planning
Commission guidelines, or an Activity Clearance Application has been deemed
:uff:c:c^t by the Environmental Planning Commission.
The following activities are exempt from the requirements for an Activity Clearance
Statement (sufficient information must be provided describing the proposed activity
to show clearly its exempt status):
ellings, additions thereto, and minor structures
accessory to such buildings.
2 AManr x6-Amsxc1xLI, industrial, and institutional building additions,
modifications, and minor structures accessory to such buildings where
no change of use occurs.
3. Interior alterations, and routine maintenance and repair work which
do not alter the exterior dimensions of a structure, and where no
change of use occurs.
4. Exterior rehabilitation or restoration of buildings when compatible
with properties in the immediate vicinity .
5. Signs which comply with the provisions of the Town of Taos Zoning or Sign
Ordinances.
6. Scheduled renewal of permits or licenses for existing uses not involving
any new construction.
7. Projects necessary to remedy an immediate hazard to public health
or safety.
8. Temporary permits (sixty-day limit) listed under any Vendor
Ordinance, such as neighborhood carnivals, booths for charitable
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purposes, and open-air sale of Christmas Trees.
' 9. Emergency repairs and normal maintenance.
Ac,;wpo'cmce by the Environmental Planning Commission of an Environmental
Impact Statement (EIS) prepared for a proposed activity will constitute approval
of the EIS for a 24-month period, provided the scope, intent or nature of the
proposed activity is not changed.
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In the event a review committee is requested by the EPC, each rgquired EIS .
will be reviewed by a permanent committee of Town staff appointed by the i
Town Administrator. The committee chairman will also be appointed by the
Town Administrator, and the committee will meet as the members of the EPC
deem necessary. The Review Committee has been designated by the Environmenal
Planning Commission as its representative to evaluate the Activity Clearance j
Application and determine the need for an Environmental Impact Statement.
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The EIS Review Committee will prepare, for the consideration of the EPC, a written
r 'on as to the sufficiency and accuracy, including notation of apparent
deficiencies or contradictions, of each EIS submitted to the Review Committee.
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Forms to aid in the preparation of an EIS and guidelines in the use of the form
shall be available from the Review Committee Chairman and Environmental Impact
Statements shall be submitted to the Review Committee Chairman.
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ACTIVITY CLEARANCE STATEMENT (to be completed by applicant)
SECTION 1 . ACTIVITY DESCRIPTION
A. General Information
1 . Name of Applicant/Sponsor
2. Name of Activity
3. Location of Activity
a. Location (legal description if necessary)
b. Site map showing proposed development at a scale no
larger than 1 "=200' showing the location of the proposed
activity (if appropirate)
C. Regional map with significant environmental areas and
landmarks indicated in relation to the project area (Data
may be obtained from appropirate agencies.)
d. Attach elevation plan, development plan (if appropirate)
4. Existing zoning and use (if applicable)
5. Proposed zoning and use (if applicable)
B. Applicant's Statement of Activity Objectives
Type of project:
1 . Residential
number of units
populatipn
range of sale prices
2. Commercial
type (neighborhood, regional, etc.)
market area
number of employees
site size
3. Industrial
type (manufacturing, warehousing, etc.)
site size
square footage
number of employees
type of process
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4. Institutional/Governmental {((
major functions
site size and other relevant data
service area
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nu,m�er of employges i
5. Other - $ignificant features
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C . Other Activity Characteristics
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1 . Is the activity a phase or part of a larger activity? (explain)
2. Are there any other activity characteristics which could result
in any significant adverse effects on the environment? (explain)
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ENVIRONMENTAL EVALUATION (To be completed by the Environmental
Impact Review Committee)
Environmental Check List YES NO
I . Does the general area of the project include unique
or common land forms or geologic features?
2. Does the general area of the project include unique
or uncommon structures, or historical or archaeo-
logical sites?
3. Is the project in an area of unstable soi I conditions,
landslide prone, or susceptible to major damage by
earthquake?
4. Are there any rare or endangered species of plant or
animal life in the general area of the project, or
will any plant or animal life be significantly
of fec ted?
5. Will the project adversely affect any objectives,
principles or policies of the Comprehensive Plan
or other plans of the Town?
6. Would the project significantly change present
uses or i ntensi ty of uses, or conf I i ct wi th the
pattern, scale or character of the general area
of the project?
7. Could the project result in a significant burden on
public services and facilities (examples: public
utilities, streets, schools, health care facilities,
and police and fire protection)?
8. Could thq project result in physical division or
disruption of an established community (examples:
changes in traffic patterns, changes in access
to commercial or institutional facilities, creation
of artifical barriers, or introduction of incompatible
activities)?
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Environmental Check List (Cont'd) YES NO
9. Could the project have significant adverse effect
on residential livability (examples: increased
on-street parking demands, traffic congestion,
intrusions into existing set-backs, blockage of
views, and reduction of light and air)?
10. Does the project create a significant housing
i relocation problem?
11 . Could the project have significant adverse
effect on air or water quality or noise levels
for surrounding areas?
12. Does the project constitute a part of a larger
project which at any future stage could have
a significant effect on the environment?
13. Could the project result in any significant
effects on the environment other than those
dealt with above?
Environmental Impact Statement Required (The
requirement for an Environmental Impact Statement
is subject to appeal by applicant to Environmental
Planning Commission)
Factors to be commented on in E.I.S. ( )
( ) a. Water quality and supply
( ) b. Air quality and pollution control
( ) c. Liquid Waste Management
( ) d. Solid waste management
( ) e . Radiation problems
( ) f. Wildlife
( )
9. Noise
( ) h . Toxic materials; use, storage, and transportation
( ) i . Land management (wetlands, river banks, estuaries, beaches,
arroyos, Irrigation projects, forest lands, mining, etc.)
Energy generation, transmission arid use
( ) k. Urban development
( ) I . Induptrial development
( )
m. Transportation
( )
n. Vibrations
( )
a. Odors
( )
p. surface drainage and flood control
( ) q. Visual aspects
( ) r. Seismic Considerations
( ) s. Other
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ENVIRONMENTAL IMPACT STATEMENT
Guidelinps for Preparation
SECTION I . The Environmental Impact Statement must factually describe
the project in sufficient detail and must accurately review and describe the
following conditions as they affect the factors listed in Section II .
1) The short-term and long-term environmental impact of the proposed
activity
2) Alternatives to the proposed action
3) Any adverse environr,i.-ntal effects which cannot be avoided
should the proposal be implemented
4) Any commitments of natural resources which would be involved in
the proposed action should it be implemented; and
5) Potential hazards and probability of malfunctions during construction
and operation
SECTION II . Any effect on or by the following noted factors must be
addressed in the Environmental Impact Statement:
( ) a. Water quality and supply
( ) b. Air quality and pollution control
( )
C. Liquid waste management
( ) d. Solid waste management
j e. Radiation problems
( ) f. Wildlife
( ) g. Noise
( ) h . Toxic materials; use, storage, and transportation
( ) i . Land management (wetlands, river h-jnks, estuaries, beaches,
arroyos, irrigation projects, forest lands, mining, etc.)
Energy generation, transmission and use
( ) k. Urban development
( ) I . Industrial development
( )
M. Transportation
( )
n. Vibrations
( )
o. Odors
( )
p. Surface drainage and flood control
( ) q. Visual aspects
( ) r. Seismic Considerations
( )
s. Other
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