General.
This Section provides for the assessment and collection of development fees development in order to recoup the costs of capital improvements or facility expansions necessitated by and attributable to the development. The County’s capital improvements plan (“CIP”), as amended from time to time, identifies capital improvements or facility expansions for which development fees may be assessed. No specific development fees are adopted or deemed to be adopted by this Code; instead, a schedule of impact fees will be considered separately and adopted by the Board through resolution. Once adopted by resolution, the development fees set out in the schedule shall be the development fees.
Existing Deficiencies.
The County is responsible for and will meet all capital improvement needs associated with existing deficiencies. Only capital improvement needs that are generated by new development will be paid by development fees. Subject to the provisions of the SLDC and the Development Fees Act, development fees shall be spent on new, expanded, or enlarged capital facilities and equipment, and may include amortized charges, lump sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described in this Section, the need for which is attributable to new development, and which benefits those developments that pay the fees.
Applicability. This Section shall be applicable to all development where more than five (5) lots are created either as a result of a land division or a subdivision, and shall apply uniformly within each service area.
In General.
This Section constitutes the legislative, procedural and substantive requirements and standards by which development fees shall be calculated, assessed and collected, pursuant to, the Development Fees Act, NMSA 1978, section 5-8-1 et seq. Each individual development fee shall be assessed to new development as a condition to the development order granting discretionary development approval. The provisions of this Section shall not be construed to limit the power of the County to use any other methods or powers otherwise available for accomplishing the purposes set forth in this Section, either in substitution or in conjunction with this Section, provided that such methods or powers are not inconsistent with or prohibited by the SLDC or the Development Fees Act.
Land Use Assumptions.
The land use assumptions (“LUA”) provide a projection of changes in land use densities, intensities and population within planning service areas over at least a five-year period. Prior to imposing a development fee, the Board will hold a public hearing to consider the LUA that will be used to develop a capital improvements plan related to the proposed development fee.
After adoption of initial LUA:
1. The County shall update the land use assumptions and CIP at least every five (5) years or sooner if deemed necessary. The initial five-year period begins on the day the CIP is adopted;
2. The advisory committee shall file its written comments with the Board on any proposed CIP, development fees or amendments to the land use assumptions, before the fifth business day before the date of the public hearing on the amendments;
3. Within thirty (30) days after the date of the public hearing on any proposed amendments, the Board shall approve, disapprove, revise or modify any such proposals;
4. Hearings on adopting land use assumptions, the CIP, and imposition of a development fee may be consolidated into a single hearing as permitted by NMSA 1978, § 5-8-29 of the Development Fees Act; and
5. No resolution approving the referenced proposals shall be adopted as an emergency measure.
Capital Improvements Plan. The Board hereby finds and determines that:
The capital improvements plan (CIP) appropriately and reasonably lists the growth-supporting projects that could be funded by development fees, and the CIP sets forth an appropriate and reasonable inventory of existing capital improvements deficiencies and growth needs, planned capital projects and sources of funding for these projects which sources include revenues other than development fees;
The CIP reasonably and appropriately relates to the allocation of a fair share of the costs of new or expanded capital facilities to be borne by new users of such facilities in the form of development fees; and
The CIP shall be updated every five (5) years after an initial CIP is adopted or sooner if deemed necessary. The CIP may be considered by the Advisory Committee and Board in adopting a CIP-based development fee program pursuant to the Development Fees Act.
Periodic Evaluation. The Advisory Committee, the Planning Commission and the Board shall review, update and propose amendments to this Section, the CIP, the land use assumptions and the development fees every five (5) years from the effective date of adoption of the SLDC. The Advisory Committee and Planning Commission shall file its written comments concerning any amendments with the Board. The Board shall take action on any proposed amendments consistent with the provisions of the Development Fees Act.
See
§ 12.5: DEVELOPMENT FEES for complete information.
