New Mexico § 5-8-2 - Definitions

§ 5-8-2. Definitions

As used in the Development Fees Act: A. “affordable housing” means any housing development built to benefit those whose

income is at or below eighty percent of the area median income; and who will pay

no more than thirty percent of their gross monthly income towards such housing; B. “approved land use assumptions” means land use assumptions adopted originally or

as amended under the Development Fees Act; C. “assessment” means a determination of the amount of an impact fee; D. “capital improvement” means any of the following facilities that have a life expectancy

of ten or more years and are owned and operated by or on behalf of a municipality

or county: (1) water supply, treatment and distribution facilities; wastewater collection and

treatment facilities; and storm water, drainage and flood control facilities; (2) roadway facilities located within the service area, including roads, bridges,

bike and pedestrian trails, bus bays, rights of way, traffic signals, landscaping

and any local components of state and federal highways; (3) buildings for fire, police and rescue and essential equipment costing ten thousand

dollars ($10,000) or more and having a life expectancy of ten years or more; and (4) parks, recreational areas, open space trails and related areas and facilities; E. “capital improvements plan” means a plan required by the Development Fees Act that

identifies capital improvements or facility expansion for which impact fees may be

assessed; F. “county” means a county of any classification; G. “facility expansion” means the expansion of the capacity of an existing facility

that serves the same function as an otherwise necessary new capital improvement, in

order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of

an existing facility to better serve existing development, including schools and related

facilities; H. “hook-up fee” means a reasonable fee for connection of a service line to an existing

gas, water, sewer or municipal or county utility; I. “impact fee” means a charge or assessment imposed by a municipality or county on

new development in order to generate revenue for funding or recouping the costs of

capital improvements or facility expansions necessitated by and attributable to the

new development. The term includes amortized charges, lump-sum charges, capital recovery fees, contributions

in aid of construction, development fees and any other fee that functions as described

by this definition. The term does not include hook-up fees, 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 if the dedication or construction

is required by a previously adopted valid ordinance or regulation and is necessitated

by and attributable to the new development; J. “land use assumptions” includes a description of the service area and projections

of changes in land uses, densities, intensities and population in the service area

over at least a five-year period; K. “municipality” means any incorporated city, town or village, whether incorporated

under general act, special act or special charter, and H class counties, including

any home rule municipality or H class county chartered under the provisions of Article 10, Section 6 of the constitution of New Mexico ; L. “new development” means the subdivision of land; reconstruction, redevelopment,

conversion, structural alteration, relocation or enlargement of any structure; or

any use or extension of the use of land; any of which increases the number of service

units; M. “qualified professional” means a professional engineer, surveyor, financial analyst

or planner providing services within the scope of his license, education or experience; N. “roadway facilities” means arterial or collector streets or roads that have been

designated on an officially adopted roadway plan of the municipality or county, including

bridges, bike and pedestrian trails, bus bays, rights of way, traffic signals, landscaping

and any local components of state or federal highways; O. “service area” means the area within the corporate boundaries or extraterritorial

jurisdiction of a municipality or the boundaries of a county to be served by the capital

improvements or facility expansions specified in the capital improvements plan designated

on the basis of sound planning and engineering standards; and P. “service unit” means a standardized measure of consumption, use, generation or

discharge attributable to an individual unit of development calculated in accordance

with generally accepted engineering or planning standards for a particular category

of capital improvements or facility expansions.