Impact fees shall not be imposed or used to pay for:
A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;
B. repair, operation or maintenance of existing or new capital improvements or facility expansions;
C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;
E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of the Development Fees Act;
F. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or
G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection C [D] of Section 2 [5-8-2 NMSA 1978] of the Development Fees Act.
History: Laws 1993, ch. 122, § 5.
Bracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
The reference in Subsection G to Subsection C of 5-8-2 NMSA 1978, appears to actually refer to Subsection D of that section.
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.