A. An impact fee may be imposed only to pay the following specified costs of constructing capital improvements or facility expansions:
(1) estimated capital improvements plan cost;
(2) planning, surveying and engineering fees paid to an independent qualified professional who is not an employee of the municipality or county for services provided for and directly related to the construction of capital improvements or facility expansions;
(3) fees actually paid or contracted to be paid to an independent qualified professional, who is not an employee of the municipality or county, for the preparation or updating of a capital improvements plan; and
(4) up to three percent of total impact fees collected for administrative costs for municipal or county employees who are qualified professionals.
B. Projected debt service charges may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued to finance construction of capital improvements or facility expansions identified in the capital improvements plan.
History: Laws 1993, ch. 122, ยง 4.
Structure 2021 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 8 - Land Development Fees and Rights
Section 5-8-3 - Authorization of fee.
Section 5-8-4 - Items payable by fee.
Section 5-8-5 - Items not payable by fee.
Section 5-8-6 - Capital improvements plan.
Section 5-8-7 - Maximum fee per service unit.
Section 5-8-8 - Time for assessment and collection of fee.
Section 5-8-9 - Additional fee prohibited; exception.
Section 5-8-10 - Agreement with owner regarding payment.
Section 5-8-11 - Collection of fees if services not available.
Section 5-8-12 - Entitlement to services.
Section 5-8-14 - Requirement for governmental entities to pay fees.
Section 5-8-15 - Credits against facilities fees.
Section 5-8-16 - Accounting for fees and interest.
Section 5-8-18 - Compliance with procedures required.
Section 5-8-19 - Hearing on land use assumptions.
Section 5-8-20 - Information about assumptions available to public.
Section 5-8-21 - Notice of hearing on land use assumptions.
Section 5-8-22 - System-wide land use assumptions.
Section 5-8-23 - Capital improvements plan required after approval of land use assumptions.
Section 5-8-24 - Hearing on capital improvements plan and impact fee.
Section 5-8-25 - Information about plan available to public.
Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee.
Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees.
Section 5-8-28 - Approval of capital improvements plan and impact fee required.
Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan.
Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required.
Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan.
Section 5-8-34 - Advisory committee comments on amendments.
Section 5-8-35 - Approval of amendments required.
Section 5-8-37 - Advisory committee.
Section 5-8-38 - Duties to be performed within time limits.
Section 5-8-39 - Records of hearings.
Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act.
Section 5-8-41 - No effect on taxes or other charges.