HOUSE BILL 805

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Daniel P. Silva

AN ACT

RELATING TO LOCAL GOVERNMENTS; AMENDING CERTAIN SECTIONS OF THE DEVELOPMENT FEES ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 5-8-3 NMSA 1978 (being Laws 1993, Chapter 122, Section 3, as amended) is amended to read:

     "5-8-3. AUTHORIZATION OF FEE.--

          A. Unless otherwise specifically authorized by the Development Fees Act, no municipality or county may enact or impose an impact fee.

          B. If it complies with the Development Fees Act, a municipality or county may enact or impose impact fees on land within its respective corporate boundaries.

          C. A municipality and county may enter into a joint powers agreement to provide capital improvements within an area subject to both county and municipal platting and subdivision jurisdiction or extraterritorial jurisdiction and may charge an impact fee under the agreement, but if an impact fee is charged in that area, the municipality and county shall comply with the Development Fees Act.

          D. A municipality or county may waive impact fee requirements for affordable housing projects.

          E. A municipality or county may not use impact fees or the authority of the Development Fees Act as a growth management tool or as a penalty or incentive for development in any particular area within its jurisdiction."

     Section 2. Section 5-8-7 NMSA 1978 (being Laws 1993, Chapter 122, Section 7) is amended to read:

     "5-8-7. MAXIMUM FEE PER SERVICE UNIT.--The impact fee shall not exceed the average cost to pay for a proportionate share of the cost of system improvements, based upon service units, needed to serve new development. The use of marginal or incremental cost calculations for impact fees is not permitted."

     Section 3. Section 5-8-15 NMSA 1978 (being Laws 1993, Chapter 122, Section 15) is amended to read:

     "5-8-15. CREDITS AGAINST FACILITIES FEES.--Any construction of, contributions to or dedications of on-site or off-site facilities, improvements or real or personal property with off-site benefits not required to serve the new development, in excess of minimum municipal and county standards established by a previously adopted and valid ordinance or regulation and required by a municipality or county as a condition of development approval, whether or not it is listed on the municipality's or county's capital improvement plan, shall be credited against impact fees otherwise due from the development. The credit shall include the value of:

          A. dedication of land for parks, recreational areas, open space trails and related areas and facilities or payments in lieu of that dedication; and

          B. dedication of rights of way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities or streets, sidewalks or curbs."

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