No one from the public chose to speak when Edgewood’s town council approved replacement of a subdivision ordinance by unanimous vote.
Ordinance 2019-04 became law Nov. 6, only making changes to procedures for appealing a decision by Planning & Zoning.
The previous ordinance said if a person was unhappy with a Planning & Zoning decision, they could submit to the P&Z office a written “application” to appeal to town council.
That was changed to read that a person, “may appeal to the Town Council by submitting a written notice of appeal within 15 days of the Commission’s final decision” to the town clerk.
A new provision states that one who appeals is restricted from introducing new information.
New changes make it incumbent upon P&Z to produce written decisions, and provide findings and conclusions; and P&Z must provide all such documents to the town council upon notice of appeal. A decision by the council “shall be” based on the same information available to P&Z, the ordinance states.
The council has the option to “affirm, reverse, or modify the recommendations” by P&Z, according to the new ordinance—and council also may send it back to that body for reconsideration.
A new provision says a decision is not final until it is “adopted on the record” by P&Z.
The ordinance says residents may appeal a decision by the council to the First Judicial District Court but removed references to district court actions and a requirement to simultaneously file an appeal with the town when filing in district court.
The same provisions appear in a new P&Z ordinance adopted unanimously earlier in the meeting.
Leota started working for The Independent in 2006, working her way up through the ranks. An employee buyout in 2010 led to her ownership of the newspaper. Leota has served on the board of the N.M. Press Association, and is currently its First Vice President. She is passionate about health and wellness, especially mental health, and loves making art. She can be reached at [email protected]