Development Process Executive Committee

The Development Process Executive Committee was established to review and direct changes in the Development Process Manual. The Executive Committee consists of nine individuals from the public and private sectors. Composition of the Executive Committee is as follows:

• Co-Chair, Director of Planning Department
• Co-Chair, Director of the Municipal Development Department
• Manager, Development Review Division, Planning Department
• City Engineer
• City Attorney or designated representative
• Four private sector members actively involved in land development either as developers, consultants or planners

The Development Process Executive Committee normally meets the first Wednesday of every month. Meetings are held on the 8th floor of the Plaza del Sol building, from 3-5 pm. For information regarding Executive Committee agendas or minutes, contact Carmen Marrone at (505) 924-3814 or cmarrone@cabq.gov.

Steps for Proposing an Amendment to the DPM

Step 1: The proposed change is submitted in letter or memo form to the Administration Office of the Planning Director, 3rd Floor, Plaza del Sol Building, Albuquerque, New Mexico, 87102. The letter is to be accompanied by a brief statement outlining the reason for the proposed change and is to reference the name and address of the firm, organization, agency, or individual proposing the change. In addition, requests should include the DPM text pertaining to the change with single-line strike-through of all material proposed to be deleted, and legible writing, underlined for all new text proposed. Should the proposed change be related to provisions of a City ordinance or resolution, the pertinent section(s) of that ordinance or resolution as enacted shall be referenced in the proposed change.

Step 2: The request is reviewed by the Development Process Executive Committee. Decisions are based on consent of all members. The Executive Committee determines the merits or validity of the change, and whether further investigation, information or research is needed. If the proposed change requires further study, the Executive Committee may appoint a subcommittee to undertake the work.

Step 3: Upon completion of the review period, the subcommittee evaluates any comments received for possible rule modification. If the Subcommittee determines that a modification to the proposed rule is appropriate or necessary as a result of comments received, the proposed rule as modified shall go back to the Executive Committee for consideration. Substantial modifications as a result of public review, shall go back to the Executive Committee for final approval.

Step 4: If the Executive Committee approves the change, notice of the proposed change shall be advertised with all required information at least thirty (30) days prior to its final acceptance date. The purpose of the 30-day notice is to allow for public input. If the Executive Committee rejects the change, written notification shall be given to the requester of the change. The notice shall include a statement outlining the reasons for the rejection.

Once accepted as originally proposed or modified as a result of comments received, the change is official when promulgated by the Mayor and distributed, posted and filed in the Office of the City Clerk

Step 5: The final rule changes shall be filed with the City Clerk on or before the effective date. If related to the City's Drainage Ordinance, proposed rule changes shall not take effect sooner than thirty (30) days after final approval by the City Engineer and posting of notice, or sooner than ninety (90) days from the original distribution of the proposed rule change for comment.

Notification of Proposed DPM Amendment

Any proposed rule change to the DPM should be published in a newspaper of daily circulation within the City at least thirty days prior to the change becoming effective, unless an emergency effective date applies. In addition, all subscribers to the DPM shall be notified by mail or other method at the address last given to the City. Each such public notice shall contain information identifying who interested parties may contact regarding the proposed change, how comments can be submitted and the substance of the proposed change. Copies of proposed changes shall be available for review in the Planning Department Office, Plaza del Sol Building, Third Floor.

Once the rule change has been promulgated and filed in the Office of the City Clerk, DPM Subscribers shall be notified of the official amendment. The amendments may be purchased, at the cost of reproduction, through American Legal Publishing, 1-800-445-5588 or in the Planning Department, Plaza Del Sol Building. 3rd Floor. The Planning Department will mail amendments upon request, but the cost of reproduction and postage must be paid prior to mailing.

Emergency Effective Date

In the case of emergencies, there are two ways a rule may be changed:

1. For rules not requiring public notice pursuant to adopted City policy, the Development Process Executive Committee may recommend emergency implementation of a rule change to the Co-Chairs of the Development Process Executive Committee. Once accepted by the Chairs, the rule can be placed temporarily into effect prior to general public notice by filing a copy of the change clearly marked "Interim Rule" with the City Clerk. However, the rule shall not be final until public notice is provided and update procedures are followed as set forth herein.
2. In addition, the Mayor may determine in writing that urgent and compelling reasons require emergency modifications of a rule and may adopt such modifications of a rule and make it effective immediately upon posting and distribution. If such rule is to be in effect longer than 60 days, public notice shall be given and the opportunity for public comment provided.

Appeals

Anyone may appeal a proposed amendment within 15 days of its posting and filing with the City Clerk, or within 15 days of sending notice of final rejection to the proponent of the change. If the proposed rule change is related to implementation of the City's Drainage Ordinance, appeal is to the Technical Standards Committee provided for in Section 15 of the Drainage Ordinance. Appeals for matters other than those related to the City's Drainage Ordinance are to be to the City Council.

Appeal forms may be obtained from the DPM staff, third floor, Plaza del Sol Bldg.