CHAPTER 150
GENERAL PROVISIONS Revised 2/21

Section

Article I. Administration and Enforcement

150.01    Administrative official

150.02    Planning and Zoning Board

150.03    Applications and procedures Revised 2/21

150.04    Conditional use permit Revised 2/21

150.05    Certificate of occupancy

150.06    Variance Revised 2/21

150.07    Amendments Revised 2/21

150.08    Appeals Revised 2/21

Article II. Applicability

150.11    Adoption of technical codes, plans and specifications Revised 5/20

Article III. Impact Fees

150.20    Title

150.21    Authority

150.22    Applicability

150.23    Findings and declarations

150.24    Intent and purpose

150.25    Rules of construction; definitions

150.26    Land use assumptions

150.27    Plan; Impact Fees Capital Improvement Plan Citizen Advisory Committee

150.28    Establishment of service area

150.29    Presumption of maximum impact

150.30    Imposition of fees; assessment and collection

150.31    Exemptions and waivers

150.32    Independent fee determinations

150.33    Administration

150.34    Refunds and credits

150.35    Effect; additional requirement

150.36    Moratorium on collection of impact fees

150.37    –

150.49    Reserved

150.99    Penalty

Appendix:    Impact Fee Schedule

ARTICLE I. ADMINISTRATION AND ENFORCEMENT

150.01 ADMINISTRATIVE OFFICIAL.

(A) Except as otherwise provided in this chapter, the City Development Director, his designee and the code enforcement officers shall administer and enforce this title, including the inspection of premises, the issuance of permits authorized in this title and the issuance of citations.

(B)(1) The City Development Department Director, his designee and the code enforcement officers have the authority to enter all buildings and premises for the purpose of inspection as necessary to perform assigned duties. No dwellings, however, may be entered without the consent of the owner or occupant unless at least a 24-hour notice of intent to enter has been served upon the occupant or owner. If the owner or occupant objects to the inspection, a warrant for the inspection shall be obtained before the inspection from a court of adequate jurisdiction.

(2) The City Development Department Director, his designee or the code enforcement officers may institute any appropriate action or proceeding, including the issuance of citations into Municipal Court whenever there is probable cause to believe there is an ordinance violation pursuant to division (B)(4) below.

(3) If any part of the definition is not met or is found to have been violated after receiving a home occupation permit, the permit shall be revoked and all business shall cease within five working days of revocation notice. Each day of continued operation shall be considered a separate offense.

(4) The Director of the City Development Department or his designee shall administer the enforcement, as that enforcement relates to the issuance of notices of violation and the issuance of citations.

(’87 Code, § 9-7-1) (Ord. 91-035)

150.02 PLANNING AND ZONING BOARD.

The Planning and Zoning Board shall have the following duties:

(A) Review. The Planning and Zoning Board shall either approve or disapprove all applications for conditional use permits or variances.

(B) Interpretation. The Board shall interpret the chapter or the zoning map when the City Development Department is uncertain as to the meaning of the text or the exact boundary of a zone.

(’87 Code, § 9-7-1) (Ord. 91-035)

150.03 APPLICATIONS AND PROCEDURES. Revised 2/21

(A) Each applicant for a zoning amendment, variance or conditional use permit shall be accompanied by an accurate sketch of the property involved, or other related material as required by the City Development Department or Planning and Zoning Board.

(B) Notification Requirements Table. The following table provides notification requirements for mail, published legal ads, and posted signs for each respective planning and zoning application. All distances exclude right-of-way. Neighborhood associations and homeowners’ associations registered with the City Clerk that have boundaries which include the subject property or properties within the required notification distances are included in all mailing notifications.

Application Type

Mailing Notifications*

Legal Ad Notifications

Property Posting Notifications

Final Decision

Conditional Use Permit/Special Exceptions Sign

Property owners 100 ft. from subject property, certified mail 15 days prior to hearing

15 days prior to hearing

1 week prior to hearing

Planning and Zoning Board

Variance/ Subdivision Variance

Property owners 100 ft. from subject property, certified mail 15 days prior to hearing

Property owners between 100 ft. and 300 ft. from subject property, informational postcards 15 days prior to hearing

15 days prior to hearing

1 week prior to hearing

Planning and Zoning Board

Administrative Variance

None

None

None

Administrative

Zone Map Amendments

Follow State Statute NMSA § 3-21-6

15 days prior to Planning and Zoning Board hearing

15 days prior to Governing Body hearing

1 week prior to Planning and Zoning Board hearing

Governing Body

Text Amendments

None

15 days prior to Planning and Zoning hearing and 15 days prior to Governing Body hearing

None

Governing Body

Master Plans/Plan Amendments/ Specific Area Plans

First class mail to affected property owners 15 days prior (for both hearing if an amendment)

15 days prior to Planning and Zoning hearing and 15 days prior to Governing Body hearing

1 week prior to Planning and Zoning Board hearing

Master Plans and Specific Area Plans: Governing Body

Plan Amendments: Planning and Zoning Board

Appeals

To PZB – Appellant, DSD and a representative of the opponents 15 days prior to the hearing

To GB – Appellant, members of the Board and a representative of the opponents 15 prior to the hearing

15 days prior for Planning and Zoning Board and Governing Body

None

Planning and Zoning Board
OR
Governing Body

Special Use Site Plans and Amendments

To adjacent property owners certified mail 15 days prior to meeting

15 days prior to Governing Body hearing

If PZB hearing is required in ordinance for the subject property: 15 days prior

1 week prior to Governing Body

If PZB hearing is required in ordinance for the subject property: 1 week prior

Governing Body

Preliminary Plat

First class mail to sub-divider and abutting property owners 15 days prior to hearing

15 days prior to Planning and Zoning Board hearing

1 week prior to Planning and Zoning Board hearing

Planning and Zoning Board hearing

Preliminary Plat Extension

First class mail to sub-divider and abutting property owners 15 days prior to hearing

15 days prior to Planning and Zoning Board hearing

1 week prior to Planning and Zoning Board hearing

Planning and Zoning Board hearing

Final Plat/Summary Plat

None

None

None

Final Plat: Planning and Zoning Board

Summary: Administrative

Vacation Plats (of Public Right-of-Way)

15 days prior to hearing, first class mail to utilities and property owners of adjacent lots

15 days prior to hearing

15 days prior to hearing if the ROW is paved or if the entire width of the ROW is proposed for vacation

Planning and Zoning Board

Street Name Changes (as Petitioned by the Public)

First class mail to adjacent property owners 30 days prior to any decision

None

None

Planning and Zoning Board

Telecommunication Towers

First class mail to property owners within 100 ft. of subject property 15 days prior to hearing

15 days prior to hearing

1 week prior to hearing

Administrative

(’87 Code, § 9-7-1) (Ord. 91-035; Am. Ord. 21-04)

150.04 CONDITIONAL USE PERMIT. Revised 2/21

(A) A conditional use permit may be granted for the specific zone in which it is allowed provided it meets any conditions stipulated in this title, and is not detrimental to the public welfare, safety, health, morals and convenience of the surrounding area.

(B) An application for a conditional use permit may be submitted to the Planning and Zoning Board through the City Development Department. The Planning and Zoning Board shall approve or disapprove the application following consideration at its next regular meeting.

(’87 Code, § 9-7-1) (Ord. 91-035; Am. Ord. 21-04)

150.05 CERTIFICATE OF OCCUPANCY.

(A) Application for a certificate of occupancy shall be made to the City Development Department.

(B) The City Development Department shall issue the certificate of occupancy after review to insure that the proposed use is in conformance with the provisions of this title.

(’87 Code, § 9-7-1) (Ord. 91-035)

150.06 VARIANCE. Revised 2/21

(A) Variance from the strict application of area, height, dimension, distance, parking or setback requirements of this title may be allowed in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical condition where the strict application of the requirements of this title would result in a practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of his land or building. Practical difficulty or unnecessary hardship cannot be found when financial gain, loss or monetary savings, or mere inconvenience upon the property owner, or difficulty caused to one’s personal comfort is the basis for the claim of hardship.

(B) A request for variance shall be submitted to the Planning and Zoning Board through the City Development Department.

(C) The Planning and Zoning Board shall approve or disapprove the variance request at one of its regular meetings or at a special hearing if necessary.

(D) The Director of Development Services may grant an administrative variance request that:

(1) Impacts less than 10% of the area, height, dimension, distance, parking or setback requirements of this title if the application can be made without destroying the intent of this title. Any administratively approved variance shall be done in writing as to the reasoning behind granting the variance from the regulations.

(2) Allows a house constructed prior to December 23, 1999, may be able to convert a garage into living space, provided:

(a) There are adequate parking spaces to meet the off-street parking requirements.

(b) The conversion meets building code requirements and inspections.

(’87 Code, § 9-7-1) (Ord. 91-035; Am. Ord. 18-28; Am. Ord. 21-04)

150.07 AMENDMENTS. Revised 2/21

(A) Proposed amendments shall be submitted to the Governing Body through the Planning and Zoning Board.

(B) The Board shall study the proposals at a regular meeting or at a special meeting, if necessary, and shall submit its recommendations to the Governing Body.

(C) The Governing Body shall make a final determination in accordance with NMSA § 3-21-6, pursuant to its own rules governing quasi-judicial hearings and upon specific findings related to the affected property and consistent with the policies and criteria set forth in subsection (D) of this section.

(D) The following policies for deciding zone map change applications pursuant to the city zoning code are hereby adopted:

(1) A proposed zone change must be found to be consistent with the health, safety, morals, and general welfare of the city.

(2) Stability of land use and zoning is desirable; therefore, the applicant must provide a sound justification for the change. The burden is on the applicant to show why the change should be made, not on the city to show why the change should not be made.

(3) A proposed change shall generally be consistent with adopted elements of the comprehensive plan or other city master plans and amendments thereto including privately developed area plans which have been adopted by the city.

(4) The applicant must demonstrate that the existing zoning is inappropriate because:

(a) There was an error, mistake or is necessary to correct an injustice that occurred when the existing zone map pattern was created, including the placement of an R-1 or transitional zone on an antiquated plat filed before the city’s incorporation and adoption of its own zoning code or on land annexed by the City; or

(b) Changed neighborhood or community conditions justify the change; or

(c) A different use category is more advantageous to the community, as articulated in the comprehensive plan or other city master plan, even though (D)(1) or (2) does not apply. Applicant’s reliance on this provision requires proof that (i) there is a public need for a change of the kind in question, and (ii) that need will be best served by changing the classification of the particular piece of property in question as compared with other available property.

(E) The cost of land or other economic considerations pertaining to the applicant shall not be the determining factor for a change of zone.

(F) Location on a collector or major street is not in itself sufficient justification of apartment, office, or commercial zoning.

(G) A zone change request which would give a zone different from surrounding zoning to one small area, especially when only one premises is involved, is generally called a “spot zone.” Such a change of zone may be approved only when:

(1) The change will clearly facilitate realization of the comprehensive plan and any applicable adopted sector development plan or area development plan; or

(2) The area of the proposed zone change is different from surrounding land because it could function as a transition between adjacent zones; because the site is not suitable for the uses allowed in any adjacent zone due to topography, traffic, or special adverse land uses nearby; or because the nature of structures already on the premises makes the site unsuitable for the uses allowed in any adjacent zone.

(’87 Code, § 9-7-1) (Ord. 91-035; Am. Ord. 09-23; Am. Ord. 21-04)

150.08 APPEALS. Revised 2/21

(A) An aggrieved party may appeal any final decision within 30 days of such determination.

(1) Appeal of a final decision by the City Development Department shall be filed with the City Manager or designee within 15 days after the date of the final action or determination by the City Development Department. Such appeal shall be heard by the City Manager or designee within 30 days from the original Development Department final decision, and a decision on the appeal shall be rendered within 45 days from the original Development Department final decision. The appeal shall be considered to be de novo in nature, and the City Manager shall apply the same rules of interpretation and application as required of the City Development Department. The aggrieved party shall have the burden of demonstrating error in the interpretation, order or decision of the City Development Department, and such interpretation, order, or decision shall be given great weight by the City Manager in making a determination.

(2) Appeal of the final decision of the City Manager or designee may be filed with the Planning and Zoning Board 30 days after the date of the determination by the City Manager or designee.

(3) Appeal of any final decision by the Planning and Zoning Board may be filed with the Governing Body within 30 days after the date of the determination by the Board.

(B) An appeal shall stay all proceedings in furtherance of the action appealed unless the City Development Department or Board from which the appeal is taken certifies that, by reason of facts or circumstances stated in its certificate, a stay would cause most likely immediate and irreparable harm. Upon such certification, the proceedings shall not be stayed unless a district court finding sufficient evidence and due cause orders either the City Development Department or the Board to stay all proceedings pending the outcome of the appeal.

(C) When an appeal alleges that there is an error in any order, requirement, decision or determination by the Department or the Board in the enforcement of NMSA §§ 3-21-1 through 3-21-14, or any article, resolution, rule or regulation adopted pursuant to those sections, the Planning and Zoning Board, by majority vote of its members present, or the Governing Body, by majority vote of its members present, may:

(1) Authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of Chapter 154 or resolutions:

(a) Which are not contrary to the public interest;

(b) Where, owing to special conditions, a literal enforcement of the zoning chapter will result in unnecessary hardship; and

(c) So that the spirit of Chapter 154 is observed and substantial justice done; or

(2) In conformity with NMSA §§ 3-21-1 through 3-21-14, reverse any order, requirement, decision or determination of the Department or Board.

(’87 Code, § 9-7-1) (Ord. 91-035; Am. Ord. 18-28; Am. Ord. 21-04)

ARTICLE II. APPLICABILITY

150.11 ADOPTION OF TECHNICAL CODES, PLANS AND SPECIFICATIONS.

(A) Building code.

(1) All building and trade codes as adopted and as may be amended and as promulgated and established by NMSA 1978 Ch. 60, Article 13, “Construction Industries Licensing,” are hereby adopted as fully as if incorporated and set forth at length in this section and made part of this land usage title by reference.

(2) Implementation and administration shall be as set forth in Chapter 151.

(B) Comprehensive plan. For the purposes of consistency and to be in line with the City Charter and to further the city’s objectives and policies, land uses, densities and intensities as specified in the City of Rio Rancho Comprehensive Plan, or as may be adopted or amended by the Governing Body from time to time in accordance with NMSA 1978 Ch. 3, Article 19, “Planning and Platting,” said comprehensive plan is hereby adopted as fully as if incorporated and set forth at length in this section and made part of these regulations by reference.

(C) City of Rio Rancho Development Process Manual (DPM). The City of Rio Rancho DPM, as may be adopted and amended from time to time as set forth below, is hereby adopted as fully as if incorporated and set forth at length in this section and incorporated by reference.

(1) The city hereby adopts the Rio Rancho Development Process Manual (DPM) as drafted and established in the manner set forth in this subsection.

(2) There is hereby created the Development Process Manual Committee.

(a) The committee shall consist of an interdisciplinary team of department directors, or their designees, who have been delegated to be permanent members, two members from Development Services, one from Public Works, one from Utilities, one from Parks, Recreation and Community Services, and one from the Fire and Rescue Department.

(b) The City Manager is authorized to appoint a maximum of three outside members from the community, such as, but not limited to, building contractors, engineering firms, land developers, or realtors.

(3) Establishments and additions to the Development Process Manual will be reviewed by the Planning and Zoning Board and recommendations forwarded to the Governing Body for adoption by resolution.

(4) The Committee shall meet as needed, but at a minimum biannually for the purpose of preparing a written evaluation and appraisal of the DPM for presentation to the Planning and Zoning Board and Governing Body.

(5) The Development Process Manual Committee shall:

(a) Set rules and procedures as are necessary for the operation of the Committee.

(b) Convene to establish, consider revisions to, improve and refine, to insure a continued effort to seek improvement in their usefulness, accuracy, and effectiveness.

(Ord. 20-04)

ARTICLE III. IMPACT FEES

150.20 TITLE.

This subchapter or article, consisting of Sections 150.20 through 150.49, shall be known and cited as the “Impact Fees Subchapter.”

(’87 Code, § 9-11-1) (Ord. 95-031; Am. Ord. 05-37; Am. Ord. 17-12)

150.21 AUTHORITY.

(A) The city is authorized to impose impact fees under New Mexico Statutes Annotated 1978 (NMSA 1978) §§ 5-8-1 through 5-8-42, the Development Fees Act.

(B) The provisions of this subchapter shall not be construed to limit the power of the city to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution or in conjunction with this subchapter, provided that the methods or powers are not prohibited by or inconsistent with this subchapter or the Development Fees Act.

(’87 Code, § 9-11-2) (Ord. 95-031; Am. Ord. 05-37; Am. Ord. 17-12)

150.22 APPLICABILITY.

This subchapter shall be uniformly applicable to all development that occurs within the existing corporate jurisdiction of the city, and as may be amended in the future; provided, that development that occurs within subdivisions, or new commercial developments, that have complied with applicable storm drainage regulations shall be exempt from the drainage impact fee.

(’87 Code, § 9-11-3) (Ord. 95-031; Am. Ord. 05-37; Am. Ord. 17-12)

150.23 FINDINGS AND DECLARATIONS.

The City of Rio Rancho Governing Body (hereinafter “Governing Body”) hereby finds and declares that:

(A) The city is responsible for and committed to the provision of road, bikeways and trails, parks, public safety facilities, water utilities and drainage facilities at levels necessary to cure any existing deficiencies in already developed areas of the city;

(B) Such facilities and service levels shall be provided by the city utilizing existing funding sources allocated for such facilities and services including, but not limited to, the general fund, enterprise fund, general obligation bonds, special assessment districts and metropolitan redevelopment districts;

(C) However, new residential and nonresidential development causes and imposes increased and excessive demands on public facilities and services, including roads, bikeways and trails, parks, public safety facilities, water utilities, and drainage facilities;

(D) The Governing Body appointed an advisory committee, pursuant to NMSA 1978 § 5-8-37, to review the land use assumptions (LUA), the impact fees capital improvement plan (IFCIP), and this subchapter;

(E) The land use assumptions indicate that new development will continue and will place ever increasing demands on the city to provide necessary roads, bikeways and trails, parks, public safety facilities, water and wastewater utilities and drainage facilities;

(F) New development should pay the capital costs related to the additional capital facilities needed to accommodate that new development;

(G) The Governing Body hereby adopts the following standards for minimum level-of-service (LOS) for each of the following categories of capital facilities:

 

Facility Category

Level-of-Service

Roads

VMC/VMT ratio of 2.00

Bikeways and Trails

0.46 miles per 10,000 VMT

Parks

3.06 equivalent developed park acres per 1,000 peak residential population

Public Safety

1.62 square feet of public safety building per functional population

Utilities (Water and Wastewater)

Single-family equivalent connector service unit, or ERU, requires: 340 gallons per day (gpd) potable water capacity, and 750 gallons per day maximum water day demand, and 175 gpd wastewater (sewer) capacity.

Drainage

To provide a conveyance system adequate to accommodate the design storm from the farthest upstream property or city boundary to the receiving waters of the Rio Grande River. The design storm is the 100-year storm event, with a duration of six hours for conveyance facilities and 24 hours for detention facilities.

(H) The Governing Body, after careful consideration of the matter, hereby finds and declares that it is in the best interest of the general welfare of the city and its residents to impose impact fees upon residential and nonresidential development in order to finance roads, bikeways and trails, parks, public safety facilities, water and wastewater utilities and drainage facilities for which demand is created by the development;

(I) The Governing Body further finds and declares that impact fees provide a reasonable method of regulating new development to ensure that such new development pays the costs of capital facilities necessary to accommodate the new development;

(J) The Governing Body further finds and declares that such impact fees are equitable, and impose a fair burden on new development by requiring developers and builders to pay their fair and proportionate share of the cost, and deems it advisable to adopt this subchapter as set forth herein;

(K) The Governing Body further finds and declares that such impact fees may be phased-in over a period of time in order to equitably facilitate projects that may be in the development review process when this subchapter becomes effective;

(L) The Governing Body further finds and declares that economic base development, as defined herein, as well as additions to the capital assets and facilities of the Rio Rancho Public Schools system and the City of Rio Rancho, should be encouraged in accordance with the city’s goals and policies and, therefore, impact fees may be waived for such development;

(M) The Governing Body further finds that there exists a rational relationship between the capital costs of providing the roads, bikeways and trails, parks, public safety facilities, utilities and drainage facilities at the level of service adopted above and the impact fees imposed on development under this subchapter;

(N) The Governing Body further finds that there exists a rational relationship between the impact fees to be collected pursuant to this subchapter and the expenditure of those funds on capital costs related to roads, bikeways and trails, parks, public safety facilities, utilities and drainage facilities, as limited and restricted by this subchapter; and

(O) The Governing Body further finds and declares that this subchapter has approached the problem of determining the impact fees in a conservative and reasonable manner and that it is consistent with both the procedural and substantive requirements of the NMSA 1978 “Development Fees Act.”

(’87 Code, § 9-11-4) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.24 INTENT AND PURPOSE.

This subchapter is intended to assess and collect impact fees in an amount based upon appropriate service units for roadways, bikeways and trails, parks, public safety facilities, water and wastewater utilities and drainage facilities in order to finance such facilities, the demand for which is generated by new development in the city. The purpose of this subchapter is to ensure the provision of an adequate level of service for roads, bikeways and trails, parks, public safety facilities, utilities and drainage facilities throughout the city so that new development may occur in a manner consistent with the City Comprehensive Plan. The Governing Body intends, by enactment of this subchapter, to require new development to bear the capital costs related to the additional capital facilities made necessary by such new development and to avoid paying these costs from traditional financing sources. The city is responsible for and will meet all capital improvement needs associated with existing development in the city. Only capital improvement needs created by new development will be met by impact fees. Impact fees shall not exceed the cost to pay for a proportionate share of the cost of system improvements based upon service units needed to serve new development. The impact fees shall be spent on new or enlarged capital facilities and equipment which substantially benefit those developments which pay the fees. The impact fees may also be spent on (A) the estimated costs and professional fees paid for preparing and updating the capital improvements plan, (B) for costs and fees charged by qualified professionals for services directly related to the construction of capital improvements or facility expansions, and (C) for administrative costs associated with this subchapter, such administrative costs not to exceed three percent of the total impact fees collected, as provided by NMSA 1978 § 5-8-4.

(’87 Code, § 9-11-5) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 17-12)

150.25 RULES OF CONSTRUCTION; DEFINITIONS.

(A) Construction. For the purposes of administration and enforcement of this subchapter, unless otherwise stated, the following rules of construction shall apply:

(1) In cases of any difference of meaning or implication between the text of this subchapter and any caption, illustration, summary table or illustrative table, the text shall control.

(2) The word “shall” is always mandatory and not discretionary; the word “may” is permissive.

(3) Words used in the present tense shall include the future and words used in the singular number shall include the plural and the plural, the singular, unless the context clearly indicates the contrary.

(4) The word “persons” includes an individual, a corporation, a partnership, an incorporated association, a governmental entity or any other similar entity.

(5) The word “includes” shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(6) Words used in the masculine include the feminine and vice versa.

(’87 Code, § 9-11-6)

(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCOUNTS. A method of tracking and monitoring the impact fee revenues and expenditures segregated by the category of capital improvements (roads, bikeways and trails, parks, public safety, water utilities and drainage facilities).

APPLICANT. The person, including governmental entities, seeking a zoning plan check, development approval, a building permit, a refund or a credit, whichever is applicable.

ASSESSMENT. The determination of the amount of the impact fee, the applicable fee schedule, or both; whichever is appropriate.

BUILDING PERMIT. The permit as required by the General Construction Industries Commission of the state, as administered pursuant to the construction standards of the city, by the Building Inspection Division and the Department of Development Services, as set forth in Chapter 151, Building Regulations.

CAPITAL IMPROVEMENTS. Any of the following facilities that have a life expectancy of 10 or more years and are owned and operated by or on behalf of the city:

(1) Roadway facilities, including roads, bridges, bus bays, rights-of-way, traffic signals, landscaping and any local components of state and federal highways;

(2) Bikeways and trails;

(3) Parks, recreational areas, open space trails and related areas and facilities;

(4) Buildings for fire, police and rescue and essential equipment costing $10,000 or more and having a life expectancy of 10 years or more;

(5) Water and wastewater facilities, including wells, transmission mains, storage reservoirs, collection mains, lift stations, wastewater treatment plants; and

(6) Drainage facilities, including regional facilities typically constructed by the Southern Sandoval County Arroyo Flood Control Authority and local facilities typically constructed by the City of Rio Rancho. Regional facilities include stormwater conveyances of more than 500 cubic feet per second.

CAPITAL IMPROVEMENTS PLAN. (See IMPACT FEES CAPITAL IMPROVEMENTS PLAN.)

CAPITAL IMPROVEMENTS PLAN CITIZEN ADVISORY COMMITTEE, or CIPCAC. The standing committee appointed by the Governing Body to advise the city in the preparation, implementation and update of the impact fees.

COLLECTION. The payment of the applicable impact fees.

COMMERCIAL. The type of development which is consistent with, but not exclusive to, the C-1, retail commercial zoning designation.

COMPREHENSIVE PLAN or MASTER PLAN. The Vision 2020 Integrated Comprehensive Plan, adopted June 2001, in accordance with NMSA 1978 § 3-19-9, as may be subsequently amended.

CREDIT. The value of payments, contributions, dedication and improvements made by development towards the cost of existing or future system improvements, as defined herein.

CREDIT HOLDER. The person entitled to transfer, apply or seek reimbursement for credit or excess credit.

DEEMED COMPLETE. An applicant has submitted an application for a building permit, with the applicable fees, and the application and fees have been accepted by the city.

DEVELOPER. Any person or legal entity undertaking development.

DEVELOPMENT. The subdivision of land, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure or any land use, change of land use or extension of the use of land which increases the number of service units.

DEVELOPMENT AGREEMENT. The written agreement between the developer and the city for construction of system improvements which memorializes the terms of construction, the estimated cost of the system improvements, the schedule for initiation and completion of the system improvements, a requirement that the system improvements be completed to accepted city standards, and such other terms and conditions as deemed necessary by the city.

DEVELOPMENT APPROVAL. Written authorization, such as approval of a rezoning application or issuance of a building permit or other forms of official action required by the city prior to commencement of construction.

DIRECT ACCESS IMPROVEMENTS. The portion of roadway facilities built off site but adjacent to new development which serves the needs of the new development. DIRECT ACCESS IMPROVEMENTS do not include through lanes or other necessary components of any arterial or collector street, but are limited to traffic signals, acceleration/deceleration lanes or other minor improvements which primarily serve traffic entering a development project from the major road system.

DWELLING UNIT or DU. One or more rooms and a single kitchen designed as a unit for occupancy by one family for living and sleeping purposes, but not including a recreation vehicle or travel trailer.

ECONOMIC BASE DEVELOPMENT. An enterprise that exports 60% or more of its products or services outside of the state.

EFFECTIVE DATE. The date on which this subchapter, or amendments to this subchapter, becomes effective.

ENCUMBERED. Funds committed for a specified improvement on a specified time schedule.

EXCESS CREDIT. That portion of the credit granted to the credit holder for system improvements which exceeds the value of the impact fees otherwise due from the development.

EXEMPTION. Development which satisfies the criteria in Section 150.31 and, therefore, is released from the obligation of paying all or a portion of the impact fees otherwise due for the development.

FACILITY EXPANSION. 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 improve service to existing development.

FUNCTIONAL POPULATION. The number of “full time equivalent” people present at the site of a land use. FUNCTIONAL POPULATION can also be defined as the number of people occupying space in the city or service area on a 24-hour-per-day, seven-day-per-week basis, and who are required to be served by capital improvements.

GROSS FLOOR AREA. The sum of all the floor areas of a building or buildings, measured from the exterior of the supporting walls or supporting devices, including all accessory buildings on the same lot, but excluding vehicle parking structures or pedestrian walkways which are accessory, ancillary, or supportive to a principal use.

IMPACT FEE. A charge or assessment imposed by the city 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 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.

IMPACT FEES ADMINISTRATOR. The Director of the Department of Development Services or designee, when administering this subchapter.

IMPACT FEES CAPITAL IMPROVEMENTS PLAN, or IFCIP. A plan required by the New Mexico Development Fees Act that identifies capital improvements or facility expansions for which impact fees may be assessed. In NMSA 1978 § 5-8-6, it is referred to as the Capital Improvement Plan (CIP); it is referred to herein as the IFCIP. The IFCIP is to be distinguished from the local Infrastructure Capital Improvements Plan (ICIP) which sets forth an inventory of existing capital improvements deficiencies, planned capital projects and sources of funding for these projects which sources may or may not include impact fees, and from the Budget Capital Improvements Plan which governs general fund allocations for capital improvements.

INDEPENDENT FEES DETERMINATION. A finding by the Impact Fees Administrator that an independent fee study does or does not meet the requirements for such a study as established by this subchapter and, if the requirements are met, the fee calculated by the Impact Fees Administrator therefrom.

INDEPENDENT FEES STUDY. The engineering, financial and/or economic documentation prepared by the applicant in accordance with Section 150.32 to allow individual determination of a development or land use specific impact fee other than by use of the applicable fee schedule.

INDUSTRIAL/WAREHOUSE. The type of development which is consistent with, but not exclusive to, uses permitted in zoning districts with a designation of C-2: wholesale and warehousing commercial district or M-1: industrial and business park district.

INFRASTRUCTURE CAPITAL IMPROVEMENTS PLAN, or ICIP. The ICIP is a multi-year plan that identifies planned capital improvements and infrastructure, an inventory of existing infrastructure and capital projects, plus sources of funding for proposed capital projects. The projects and funding sources in the ICIP are identified in the city’s annual budget which may include impact fees as one of the funding sources.

LAND USE ASSUMPTIONS, or LUA. The land use assumptions adopted or as may be amended by the Governing Body, pursuant to the New Mexico Development Fees Act, NMSA 1978 §§ 5-8-19, 5-8-28, 5-8-30, 5-8-31 and 5-8-36. The LAND USE ASSUMPTIONS are incorporated herein by reference.

LEVEL OF SERVICE or LOS. A measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities or both. Minimum LEVEL OF SERVICE refers to the minimum standard adopted by the Governing Body upon which these impact fees have been calculated in order to provide for the health and safety of the functional population of the community.

MOBILE HOME. A transportable structure built on a chassis and designed to be used as a permanent dwelling with or without a permanent foundation when connected to the required utilities.

MULTI-FAMILY. The type of development, other than single-family dwelling units, which is consistent with, but not exclusive to, uses permitted in zoning districts with a designation of R-3: mixed residential district, or R-6: multi-family residential district.

NONRECOUPMENT IMPACT FEES. Impact fees collected by the city for purposes other than recoupment, as defined herein.

OFFICE/INSTITUTIONAL. A type of development which is consistent with, but not exclusive to, uses permitted in zoning districts with a designation of O-1: office district.

OFFSET. The amount by which an impact fee is reduced to fairly reflect the credits applied for system improvements.

OWNER OF RECORD. The person whose name appears in the property title records of either Bernalillo County or Sandoval County for a property subject to the terms of this subchapter.

PLAN CHECK. (See ZONING PLAN CHECK.)

POST-SUBCHAPTER CREDIT. Credit for dedications, contributions or construction of system improvements accepted by the city after the effective date of this subchapter as defined herein.

PRE-SUBCHAPTER CREDIT. Credit for dedications, contributions or construction of system improvements accepted by the city prior to the effective date of this subchapter as defined herein.

PRESENT VALUE. The current value of past, present or future payments, contributions or dedications of goods, materials, construction or money, taking into account, when appropriate, depreciation and inflation.

PROJECT IMPROVEMENTS. Site specific improvements or facilities that are planned, designed or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project, and that are not system improvements. The character of the improvement shall control a determination of whether an improvement is a PROJECT IMPROVEMENT or a system improvement, and the physical location of the improvement on site or off site shall not be considered determinative of whether an improvement is a PROJECT IMPROVEMENT or a system improvement. No improvement or facility included in a plan for public facilities approved by the Governing Body shall be considered a PROJECT IMPROVEMENT. No improvement that is the same type of facility included in the calculation of an impact fee shall be considered a PROJECT IMPROVEMENT. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility shall not be considered a PROJECT IMPROVEMENT. Nothing in this definition restricts, constrains or reduces the need for a development to construct, or contribute to, a project that is not a PROJECT IMPROVEMENT, and receive no credit or compensation for, if such improvement is not listed in the city’s IFCIP. Direct access improvements to the particular development are PROJECT IMPROVEMENTS.

PROPORTIONATE SHARE. The portion of the cost of system improvements which is reasonably and fairly related to the service demands and needs of a project.

PUBLIC SAFETY. Fire, police and rescue services, as provided through an integrated service delivery system through the Department of Public Safety, the Police Department, or Department of Fire and Rescue.

QUALIFIED PROFESSIONAL. A professional engineer, surveyor, financial analyst or planner providing services within the scope of his license, education or experience.

RECOUPMENT. Reimbursement to the city through impact fees for system improvements which provide excess capacity available to serve new development.

REFUND. To return or give back all or a portion of the impact fees to the owner of record pursuant to provisions of this subchapter.

ROADWAY FACILITIES. Arterial or collector streets or roads that have been designated on the city comprehensive plan, including bridges, bike and pedestrian trails, bus bays, rights-of-way, traffic signals, landscaping and any local components of state or federal highways.

SERVICE AREA. An area within the city or the extraterritorial jurisdiction of the city to be served by the capital improvements or facility expansions specified in the IFCIP.

SERVICE UNIT. 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 of facility expansions.

SINGLE-FAMILY. A building, including a mobile home, arranged or designed to be occupied by one family, the structure having only one dwelling unit.

SINGLE-FAMILY EQUIVALENT CONNECTOR. Has the water and wastewater characteristic of an average single-family customer, the exact size of which is defined in the land use assumptions or Impact Fees Capital Improvement Plan and Impact Fees Study.

SYSTEM IMPROVEMENTS. Capital improvements that are public facilities designed to provide service to more than one development project or to the community at large, in contrast to project improvements. Improvements of the same type as are used in calculating an impact fee shall be considered SYSTEM IMPROVEMENTS, regardless of whether they are specifically listed in the Capital Improvements Plan and regardless of whether they primarily serve a particular development project. Nothing in this definition restricts, constrains or reduces the need for a development to construct, or contribute to, a project that is a SYSTEM IMPROVEMENT, and receive no credit or compensation for such construction or compensation, if such improvement is not listed in the city’s IFCIP.

TRIP GENERATION RATE. The number of trips generated by a particular type of development, as set forth in commonly accepted traffic engineering standards.

TRIP. The entry or exit of a vehicle to or from the site of a land use.

VEHICLE MILES OF CAPACITY or VMC. The maximum number of vehicle miles of travel that can be accommodated on a roadway system during an average week day at LOS C, calculated by summing the products of the maximum service volumes of each roadway segment by the lengths of the roadway segments expressed in miles.

VEHICLE MILES OF TRAVEL or VMT. The total number of miles traveled by vehicles on a roadway system during an average week day, calculated by summing the products of traffic counts for each roadway segment by the lengths of roadway segments expressed in miles.

VMC/VMT RATIO. The ratio total vehicle miles of capacity of the city’s roadway facilities, as herein defined, during an average week day to the total vehicle miles of travel on the roadway facilities.

WAIVED. To relinquish or abandon a claim or right.

WATER CAPACITY. Wells, storage capacity and transmission mains.

WATER UTILITIES or UTILITIES. All water and wastewater facilities, including wells, transmission mains, storage reservoirs, collection mains, lift stations and wastewater treatment plants.

WASTEWATER CAPACITY. Trunk collection mains, lift stations, and treatment plant capacity.

ZONING PLAN CHECK. The administrative review and approval by the Department of Development Services staff, of all plans for proposed new buildings and structures, additions to existing buildings and structures, and renovations of existing buildings and structures within the city, prior to the issuance of a state building permit, to insure compliance with the zoning, soil erosion and flood control regulations of the city, in accordance with Section 151.03.

(’87 Code, § 9-11-7) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.26 LAND USE ASSUMPTIONS.

(A) The land use assumptions provide a description of the service areas and projections of changes in land uses, densities, intensities and population in the service areas over at least a five-year period.

(B) The land use assumptions shall be reviewed and updated, if necessary, in conjunction with the update of the Impact Fees Capital Improvements Plan.

(C) A copy of the land use assumptions shall be maintained in the Department of Development Services.

(’87 Code, § 9-11-8) (Ord. 95-031; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.27 PLAN; IMPACT FEES CAPITAL IMPROVEMENT PLAN CITIZEN ADVISORY COMMITTEE.

(A)(1) The Impact Fees Capital Improvements Plan (IFCIP) identifies the categories of capital improvements or facility expansions for which impact fees may be assessed. These improvements are attributable to new growth within the city. The IFCIP has separate capital improvements plans for roadways, bikeways and trails, parks, public safety facilities, water utilities and drainage facilities that qualify for funding with impact fees.

(2) The Governing Body hereby adopts by reference the “Impact Fees Capital Improvements Plan” incorporated herein, particularly as it relates to the allocation of a fair share of the costs of new facilities for roadways, bikeways and trails, parks, public safety, water utilities and drainage facilities improvements to be borne by new users of the facilities and the levels of service to be provided to the citizens of the city for each of these facilities.

(3) The Impact Fees Capital Improvements Plan shall be reviewed and updated as necessary at least every five years from the date of adoption of this subchapter, in conjunction with updates of the land use assumptions. Appropriate revisions and amendments to the impact fees schedule and this subchapter shall be made following the updates, if necessary.

(’87 Code, § 9-11-9)

(B)(1) The Capital Improvements Plan Citizen Advisory Committee (CIPCAC), is a standing committee established pursuant to Ordinance No. 11, Enactment No. 94-012 on February 23, 1994. In accordance with Section 33.24, the primary function and responsibility of the CIPCAC is to advise the city in the preparation, implementation and update of the impact fees. The CIPCAC shall meet at the direction of the Governing Body or the Impact Fee Administrator.

(2) The Department of Development Services shall serve as staff to CIPCAC.

(’87 Code, § 9-11-10) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.28 ESTABLISHMENT OF SERVICE AREA.

(A) The incorporated area within the municipal boundaries of the city is hereby designated as the citywide service area for roadway facilities, bikeways and trails, parks, public safety facilities, water utilities and drainage facilities. In the event of annexations of territory into the city, the service area will be extended to include the annexations.

(B) Those areas outside the municipal boundaries and identified in the land use assumptions as being able to be served by city water utilities (water and wastewater facilities) by virtue of the existence of water and wastewater mains is an additional water utility service area.

(C) The service area maps are adopted by reference and incorporated herein.

(’87 Code, § 9-11-11) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 17-12)

150.29 PRESUMPTION OF MAXIMUM IMPACT.

New development shall be presumed to have maximum impact on the necessary roadway, bikeway and trails, parks, public safety facilities, water utilities and drainage facilities at the level of service established by this subchapter for the facilities and services.

(’87 Code, § 9-11-12) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 17-12)

150.30 IMPOSITION OF FEES; ASSESSMENT AND COLLECTION.

(A)(1) Any person who, after the effective date, engages in development shall pay impact fees in the manner and in the amounts required in this subchapter unless otherwise specified herein. No building permit or notice to proceed to commence construction shall be issued for development within the city unless the impact fees are assessed and collected pursuant to this subchapter.

(2) Payment of impact fees identified in and pursuant to the appendix to this chapter shall constitute full and complete payment of the development’s proportionate share of system improvements for which the fee was paid and shall constitute compliance with the requirements of this subchapter.

(3) Notwithstanding any other provision of this subchapter, that portion of a development for which a valid building permit has been issued or applied for and deemed complete prior to the effective date shall not be subject to impact fees pursuant to this subchapter so long as the building permit remains valid and construction is commenced and diligently pursued according to the terms of the building permit. An application for a building permit which has been deemed complete prior to the effective date shall be subject to the fees in effect prior to the effective date of this subchapter.

(4) Nothing in this subchapter shall prevent the city from requiring a developer to construct reasonable project improvements in connection with the new development.

(5) Impact fees, as updated and amended, shall be phased in over a five-year period as applicable for increases in the fees, beginning July 1, 2017, as detailed in the schedule contained in the appendix to this chapter.

(’87 Code, § 9-11-13)

(B)(1) The Impact Fees Administrator shall calculate and assess the impact fees at the earliest possible time.

(a) For land that is platted or replatted after the effective date of this amendment to the impact fees subchapter, the impact fees shall be assessed at the time that the preliminary subdivision plat or summary plat is approved.

(b) For land that was platted or replatted prior to the effective date of this amendment to the impact fees subchapter, or for development that occurs without platting, the impact fees shall be assessed at the time of development approval, zoning plan check or issuance of a building permit.

(2) The calculation and assessment of the impact fees shall be valid for a period of at least four years, but no greater than seven years, from the date of the assessment.

(3) Notwithstanding subsection (B)(2) of this section, the calculation and assessment of impact fees may be revised under the following circumstances:

(a) If the number of service units in the specific development increases; or

(b) If construction is not commenced within one year from the date of development approval or issuance of the building permit or zoning plan check, whichever date is earlier.

(4) The Impact Fees Administrator, or designee, shall calculate and assess the impact fees for new development as follows:

(a) The impact fee shall be calculated by multiplying the number of dwelling units or 1,000 square feet of gross floor area by the fee shown in the applicable fee schedule for the type of dwelling or nonresidential development.

(b) In the case of water utilities, the impact fee shall be calculated based on the meter size up to two inches. For meters larger than two inches, the fee will be calculated based on estimated usage.

(c) Applicable credits for system improvements constructed as part of the development and which are in excess of the development’s proportionate share shall be subtracted. The value or amount of credits for construction of system improvements is also based on the year the system improvement is programmed for construction in the IFCIP, in relation to the year that the improvement is constructed based on the following schedule:

Year of Construction Prior to Fiscal Year Project Is Programmed in the IFCIP

Percentage Value of Credit for Value in Excess of Proportionate Share

0 – 1 Year

100%

2 Years

90%

3 Years

80%

4 Years

70%

5 Years

60%

6 Years or greater

50%

(d) For change of land use and/or additions, the impact fee shall be the difference between the impact fee calculated for the site prior to the change of land use and/or addition and the impact fee calculated for the site following the change of land use and/or addition. Should the change of land use and/or the addition result in a net decrease in gross floor area or calculated impact fee, no refund or credit for past development impact fees paid shall be made or created.

(5) In the event that an application proposes a land use that does not directly match a land use type upon which fees are based, the Impact Fees Administrator shall assign the proposed use to the land use type that most closely resembles the proposed land use.

(6) If the assessment occurs at the time of subdivision plat approval, the assessment may provide the applicable fee schedule in lieu of the specific amount of impact fees due.

(7) When new development for which an application for a building permit has been made includes two or more buildings, structures or other land uses in any combination, including two or more land uses within a building or structure, the total impact fee shall be the sum of the fees for each and every building, structure or land use, including each and every land use within a building or structure.

(8) When a change of land use, redevelopment or modification of an existing land use or building requires the issuance of a building permit, the impact fee shall be based on the difference between the impact fee calculated for the previous land use and the impact fee calculated for the proposed land use. Should a redevelopment or modification of an existing land use or building that requires the issuance of a building permit but does not involve a change in land use result in a net increase in gross floor area, the impact fee shall be based on the net increase, if the service units are calculated on gross floor area. Should a change of land use, redevelopment or modification of an existing land use or building result in a net decrease in gross floor area or calculated impact fee, no refund or credit for past impact fees paid shall be made or created.

(9) In lieu of all or part of an impact fee, the city at its sole discretion may accept an offer from a developer to construct improvements or to contribute or dedicate land or money. The “in lieu” portion of any impact fee represented by construction of improvements shall be deemed paid when the construction is completed and accepted by the city for maintenance or at an earlier time upon terms and conditions and security acceptable to the city in its sole discretion. The “in lieu” portion of an impact fee represented by land dedication shall be deemed paid when the title to the land has been accepted by the city or at an earlier time upon terms and conditions acceptable to the city in its sole discretion.

(10) In addition to the cost of new or expanded system improvements needed to serve new development, the impact fee shall also include the proportionate cost of existing system improvements, but only to the extent that the public facilities have excess capacity and new development as well as existing development will be served by the facilities.

(11) The Impact Fees Administrator shall retain a record of the impact fees assessment. A copy shall be provided to the applicant on the forms prescribed by the city. If requested by the developer or property owner, a notice of impact fees assessment for the new development shall be recorded by the city in the appropriate real property title records of the County Clerk, with the cost of such recording being borne by the developer or owner.

(12) The impact fees shall be due and payable at the time of issuance of a building permit. Impact fees for mobile homes shall be collected at the time of issuance of a foundation permit, electric permit, or zoning plan check. Payment of impact fees shall not be accepted by the city prior to the issuance of a building permit for which the impact fee is due unless payment is by means of a development agreement.

(13) Impact fees may be assessed but shall not be collected unless the collection is for a capital improvement or facility expansion that has been identified in the capital improvements plan and the city commits to complete construction within seven years and to have service available within seven years and to have service within a reasonable time after such completion of construction considering the type of capital improvement or facility expansion to be constructed, but in no event longer than seven years.

(14) The City Administrator or designee may enter into a written agreement with the owner of record providing a method of payment over time; providing that the city receive security ensuring payment of the fees, which security may be in the form of a cash bond, surety bond, an irrevocable letter of credit, negotiable certificate of deposit or escrow account, or a lien or mortgage on property for which the impact fees are due.

(’87 Code, § 9-11-14)

(C)(1) Aside from impact fees collected for recoupment, the funds collected pursuant to this subchapter shall be used solely for the purpose of planning, design, acquisition, construction, expansion and development of system improvements within the service area from which the fees were collected.

(2) Impact fees collected for recoupment may be spent to offset the impact fees otherwise due from development for which a waiver of impact fees has been granted or for any other lawful municipal purpose.

(3) The city shall be entitled to expend three percent of the impact fees collected annually for city employees who are qualified professionals, as defined in the Development Fees Act, associated with the collection and use of the impact fee revenues.

(4) The city may issue bonds, revenue certificates and other obligations of indebtedness in a manner and subject to limitations as may be provided by law in furtherance of the provision of capital improvement projects. Funds pledged toward retirement of bonds, revenue certificates or other obligations of indebtedness for the projects may include impact fees and other city revenues as may be allocated by the Governing Body. The nonrecoupment impact fees paid pursuant to this subchapter, however, shall be restricted to use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness for the cost of capital improvements as specified herein.

(’87 Code, § 9-11-16) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-08; Am. Ord. 17-12)

150.31 EXEMPTIONS AND WAIVERS.

(A) The following types of new development are exempt from the payment of all or a portion of the impact fees imposed pursuant to this subchapter:

(1) Any addition or expansion to a building which does not increase the number of service units in the building.

(2) Any accessory building for a subordinate or incidental use to a dwelling unit on residential property, which building does not constitute a dwelling unit.

(3) Any accessory building or improvement for a subordinate or incidental use to a commercial building or buildings on commercial, industrial/warehousing, or office/institutional property, which building or improvement is not considered impact generating.

(4) Any reconstruction of a destroyed or partially destroyed building, provided that the destruction of the building occurred other than by willful razing or demolition and is not considered redevelopment in accordance with Section 150.30(B)(8) as determined by the Impact Fees Administrator.

(5) Any development on a lot within a subdivision, or any commercial construction, that was designed and constructed in compliance with the city’s stormwater drainage regulations in Ordinance No. 84-113 that went into effect on October 10, 1984, shall be exempt from drainage impact fees.

(B) Notwithstanding that it may have an impact on roads, bikeways and trails, parks and public safety facilities, drainage facilities and water and wastewater infrastructure, the economic base development, as defined herein, as well as the additions to the capital facilities for the Rio Rancho Public School System, and the City of Rio Rancho, shall be eligible for waiver of 100% of the applicable impact fee based on the economic impact as it may be addressed in the supporting policies encouraging economic base development contained in the city’s comprehensive plan.

(C) The proportionate share of any system improvement costs directly related to waivers granted pursuant to subsection (B) of this section shall be funded from a revenue source other than nonrecoupment impact fees.

(’87 Code, § 9-11-17) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 17-12)

150.32 INDEPENDENT FEE DETERMINATIONS.

(A) If the applicant opts not to have the impact fee determined according to the applicable schedules, then the applicant shall prepare and submit to the Impact Fees Administrator an independent fee study for the development for which a building permit or development approval is sought. An independent fee study shall be prepared for review and claimed no later than the time of application for a building permit. Any request not so made shall be deemed waived.

(1) The independent fee study with respect to roads shall include documentation prepared by a professional transportation engineer, or other qualified professional authorized by the Impact Fees Administrator, in support of trip generation rates, primary trip factors and trip length factors for the proposed development to be used in place of those found in the Impact Fees Capital Improvements Plan. The analysis shall be reviewed by the Public Works Director, or other qualified city department director or employee determined by the Impact Fees Administrator, who shall make the determination of whether the factors from the fee schedule or the traffic impact analysis shall be used in calculating the roadway impact fee. The applicant may appeal that determination to the Planning and Zoning Board.

(2) Each independent fee study shall be based on relevant and credible information from an accepted standard source of engineering and/or planning data, or be based on actual, relevant and credible studies or surveys of facility demand conducted in the city area by qualified professionals in the respective fields and shall follow accepted professional practices and methodologies.

(3) Each independent fee study shall comply in all respects with the requirements of this subchapter and be organized in a manner that will allow the Impact Fees Administrator to readily ascertain the compliance.

(4) Each independent fee study shall comply with all other written specifications as may be required by the Impact Fees Administrator from time to time.

(5) The independent fee study with respect to water utilities shall include documentation prepared by a professional engineer, or other qualified professional authorized by the Impact Fees Administrator, in support of capacity demands for water and sewer infrastructure, for the proposed development to be used in place of those found in the Utilities Impact Fees Capital Improvements Plan. The analysis shall be reviewed by the Department of Public Utilities Director, or other qualified city department director or employee determined by the Impact Fees Administrator, who shall make the determination of whether the factors from the approved fee schedule or the independent analysis shall be used in calculating the water utilities impact fee for the proposed development.

(B) The Impact Fees Administrator shall determine the appropriate impact fee based on the results of the independent fee study and the applicable impact fee schedule established in the appendix to this chapter. The applicant may appeal that determination to the Planning and Zoning Board.

(C) Any development impact fee calculated in accordance with this section and approved and certified by the Impact Fees Administrator shall be valid for four years following the certification. Following the period, a new application for an independent fee study must be made. Any change in the submitted development plan that effects the fee calculation shall void the certification of the fee.

(’87 Code, § 9-11-18) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.33 ADMINISTRATION.

(A)(1) The Department of Development Services shall be responsible for collection of the impact fees. Upon receipt of impact fees, the funds shall be placed into separate accounts designated by the category of capital improvements and service area for which the fees were collected. All funds shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of city funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of the account.

(2) The Department of Financial Services shall establish and maintain separate accounts for each category of capital facility (roadways, bikeways and trails, parks, public safety, drainage and water and wastewater facilities) and service area which is described by this subchapter or may be established by amendment to this subchapter.

(3) The Department of Financial Services shall maintain and keep accurate financial records for each account that shall clearly identify the payor of the impact fee, the development for which the impact fee is collected, the date of receipt of the impact fee and the amount received. The financial records shall show the disbursement of all revenues from each account. The Department of Development Services shall maintain the necessary records for credits, waivers and refunds. The Impact Fees Administrator shall prepare an annual report describing the amount of any impact fees collected, encumbered and used during the preceding fiscal year.

(4) The records of the accounts shall be available for public inspection and copying at the Department of Financial Services during ordinary city business hours.

(’87 Code, § 9-11-19)

(B)(1) An appeal from the provisions of this subchapter shall be submitted to the Impact Fees Administrator or designee within 30 days from the event giving rise to the right to an appeal. The notice of appeal shall be accompanied by payment of a nonrefundable processing fee.

(2) If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the impact fee assessed, the Chief Building Official or his duly designated agent shall issue the building permit.

(3) The filing of an appeal shall not stay the collection of the impact fee unless a bond or other sufficient surety has been filed.

(4) Appeals shall be considered by the Planning and Zoning Board within 30 days of the filing of the notice of appeal. The decision of the Planning and Zoning Board may be appealed to the Governing Body within 30 days of the Board’s decision, and shall be considered by the Governing Body within 60 days of the filing of the notice of appeal of the Board’s decision. The decision of the Governing Body shall be considered final. Appeals to the Governing Body shall be accompanied by payment of a nonrefundable processing fee.

(’87 Code, § 9-11-22)

(C) The enforcement of this subchapter will be the responsibility of the Impact Fees Administrator and city personnel as he or she may designate from time to time.

(’87 Code, § 9-11-24)

(D) The Department of Development Services, Department of Public Works, Department of Utilities, Department of Parks, Recreation and Community Services, Department of Fire and Rescue, and Department of Public Safety shall review, update and propose any amendments to the land use assumptions, IFCIP and the impact fees at least every five years from the effective date of this subchapter. The CIPCAC shall be consulted during the review and file its written comments concerning any amendments with the Governing Body. The Governing Body shall take action on any proposed amendments consistent with the provisions of the Development Fees Act, NMSA §§ 5-8-1 et seq. (’87 Code, § 9-11-27)

(Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.34 REFUNDS AND CREDITS.

(A)(1) The current record owner of property on which an impact fee has been paid may apply for a refund of such fee if:

(a) All or a portion of the impact fees paid by the development are not encumbered or spent within seven years after the date of payment. The determination of whether the impact fees paid by a development have been spent shall be determined using a “first in, first out” accounting standard; or

(b) Existing city facilities of the type for which impact fees have been paid (roads, bikeways and trails, parks, public safety, drainage facilities and water utilities) are available to provide service to the development, but access to and service from such facilities is denied by the city; or

(c) Existing city facilities of the type for which impact fees have been paid (roads, bikeways and trails, parks, public safety, drainage facilities and water utilities) are not available to the development, and the construction of improvements in the impact fee capital improvements plan that would serve the development are not completed within a reasonable period of time, but in no event later than seven years from the date of payment of the impact fees.

(2) An application for refund must be filed by the current record owner of the property within one year of the event giving rise to the right to claim a refund. A refund not applied for within such time period shall be deemed waived.

(3) The application for refund must be submitted to the Impact Fees Administrator or his designee on a form provided by the Impact Fees Administrator for such purpose and must contain information and documentation sufficient to permit the Impact Fees Administrator to determine whether the refund claimed is proper, and, if so, the amount of such refund.

(4) Within 30 days from the date of receipt of an application for refund, the Impact Fees Administrator or designee must provide the current record owner, in writing, with a decision on the refund request including the reasons for the decision. If a refund is due, the Impact Fees Administrator or his designee shall notify the Department of Financial Services and request that a refund payment be made to the applicant.

(5) The applicant for a refund may appeal the determination of the Impact Fees Administrator to the Planning and Zoning Board within 30 days of such determination, as provided in subsection (B) of this section.

(6) A refund shall bear interest, at a rate of one percent per annum, calculated from the date of collection of the impact fee to the date of refund at the statutory rate as set forth in NMSA § 56-8-3.

(7) Upon completion of the capital improvements or facility expansions identified in the IFCIP, the Impact Fees Administrator shall recalculate the impact fee using the actual costs of the capital improvements or facility expansions. If the impact fee calculated based on actual costs is less than the impact fee paid, including any sources of funding not anticipated in the capital improvements plan, the Impact Fees Administrator shall request that the Department of Financial Services refund the difference to the current record owner of property entitled to the refund, provided that the difference exceeds the impact fees paid by more than 10%. The refund shall not exceed the pro rata amount of impact fees contributed to the total cost of the capital improvement or facility expansion.

(8) If the city decides to terminate a part or all of this impact fees program, all unexpended or unencumbered funds shall be refunded pursuant to the provisions of this section. The city shall place a notice of such termination in a newspaper of general circulation at least two times. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds may be transferred to the general fund and used for any public purpose. The city is released from this notice requirement if there are no unexpended or unencumbered balances within a fund or funds being terminated.

(’87 Code, § 9-11-20) (Ord. 95-031; Am. Ord. 00-005)

(B)(1) The Impact Fees Administrator shall grant credit for system improvements, as defined herein, under the following circumstances, with the review and approval of the appropriate department:

(a) Credit shall be granted for the present value of any construction of system improvements, contribution of money or dedication of land or easements for system improvements made by a developer or his predecessor in title or interest.

(b) No credit shall be granted for:

1. Project improvements, as defined herein;

2. The construction of local, on-site facilities required by zoning, subdivision, or other city regulation intended to serve only that development;

3. A development’s proportionate share of system improvements, or system improvements made in excess of the level-of-service established in this subchapter unless such system improvements are required as a condition of development approval;

4. Studies, analyses or reports required by the city during the development review process.

(c) Development agreements for system improvements may be negotiated between the city, with the inclusion of the Department of Public Utilities for any matters pertaining to water utilities, and the developer consistent with the following requirements:

1. The developer may offer to construct a capital improvement included within the categories of system improvements listed in the IFCIP;

2. The terms of such construction shall be memorialized in a written agreement prior to development approval or commencement of construction;

3. The agreement shall establish the estimated value of the system improvements, the schedule for initiation and completion of the system improvements, a requirement that the system improvements be completed to accepted city standards, and such other terms and conditions as deemed necessary by the city;

4. The city shall review the construction plan, verify values and time schedules, determine if the improvement is an eligible system improvement, determine the amount of the credit for such improvement, calculate the applicable impact fees otherwise due, and determine whether excess credit is created;

(2) Credit for system improvements shall be claimed by the credit-holder as follows:

(a) Post-ordinance credit shall be claimed no later than the time of assessment on the appropriate forms provided by the Impact Fees Administrator. Any claim not so made shall be deemed waived.

(b) Pre-ordinance credit shall be claimed within 90 days of the effective date of this amendment to the impact fees subchapter on the appropriate forms provided by the Impact Fees Administrator. Any claim not so made shall be deemed waived.

(c) Credit created pursuant to a development agreement shall be claimed at the time the development agreement is approved by the city.

(3) Computation of the credit shall be the responsibility of the Impact Fees Administrator, subject to appeal in accordance with Section 150.33.

(4) The value of credit shall be computed as follows:

(a) The present value of cash contributions shall be based on the face value of the cash payment at the time of contribution.

(b) The present value of land or easements accepted by the city for system improvements shall be the greater of either:

1. The market value of the land or easements prior to improvement based on a review of property appraisals applicable to the date of the dedication or contribution; or

2. The unit cost of the land used by the city in preparing its Impact Fees Capital Improvements Plan and Impact Fees Schedule.

(c) The present value of construction of system improvements shall be the greater of either:

1. The value of the completed improvements based on a review of appraisals applicable to the date of the construction; or

2. The actual construction cost of the completed improvements adjusted to the actual date of construction; or

3. The unit cost of such improvements used by the city in preparing its Impact Fees Capital Improvements Plan and Impact Fees Schedule.

(d) An applicant for credit shall be responsible for providing appraisals of land and improvements, construction cost figures, or other documentation prepared by qualified professionals acceptable to the city necessary to the computation of the credits claimed. The Impact Fees Administrator may accept appraisals that were conducted contemporaneously with the original dedication or construction if he determines that said appraisals are reasonably applicable to the computation of the credit due.

(e) Pre-ordinance credit. The Impact Fees Administrator shall deduct from the present value of the pre-ordinance credit the present value of the impact fee that would have been charged for buildings or improvements within the development had this subchapter been in effect on the date that the building permits for construction of said buildings or improvements was filed. No pre-ordinance credit shall be given for system improvements which were accepted by the city prior to the effective date of this subchapter if such development is determined to be eligible for a waiver of impact fees pursuant to Section 150.31.

(f) Post-ordinance credit. In the event that post-ordinance credit is claimed prior to the completion of construction of the system improvements, the city may require security to ensure the completion of the system improvements in a form acceptable to the city. Such security shall be made payable to the city in the amount approved by the Impact Fees Administrator equal to 110% of the estimated cost required to complete the system improvements. If the system improvements will not be completed within one year of the acceptance of the offer by the city, the amount of the security may be increased annually to keep pace with the increase in construction costs. The security shall be reviewed and approved by the City’s Financial Services Director and the City Attorney prior to the acceptance of the security by the city.

(5) Credit granted for system improvements shall be applied as follows:

(a) Credit shall first be applied to offset the present or future impact fees otherwise due from the development for which the credit was granted.

(b) Credit shall remain within the category of system improvements and within the service area for which it was granted. A credit-holder may not use credit granted for one category of system improvements to offset the impact fees otherwise due for another category of system improvements.

(c) If the value of credit exceeds the impact fees otherwise due from the development, the excess credit may, at the option of the credit-holder, subject to a negotiated agreement between the city and the credit-holder, be applied as follows:

1. The excess credit may run with the land for which the credit was earned and shall be reimbursed to the property owner of record following seven years from the date of issuance of building permit; or

2. The excess credit may be issued to the credit-holder who constructed the system improvements, dedicated the land or easements or contributed the cash for which the excess credit was earned.

(d) Unless otherwise agreed, excess credit shall be freely transferable within the same category of system improvements and within the same service area, pursuant to a negotiated agreement between the city and the credit-holder, as follows:

1. Upon the request of the credit-holder, the Impact Fees Administrator shall issue a certificate of excess credit which denotes the value of the excess credit, the category of system improvements for which the excess credit may be applied, the service area, and the name of the credit-holder;

2. The certificate of excess credit shall be endorsed by both the Impact Fees Administrator and the credit-holder;

3. The Impact Fees Administrator shall maintain the certificate of excess credit and the credit-holder shall be given a copy of the certificate;

4. The credit-holder may, subject to a negotiated agreement between the city and the credit-holder:

i. Apply the excess credit to impact fees due for new development within the same service area and for the same category of system improvements, if the system improvements are available for the new development;

ii. May transfer the certificate of excess credit to another person who shall become the credit-holder upon written notification to the Impact Fees Administrator of such transfer and the certificate of excess credit shall be valid subject to the same rights and restrictions as was granted to the original credit-holder;

iii. Request reimbursement for the excess credit following seven years from the date of issuance of the certificate of excess credit.

(e) Certificates of excess credit shall be subject to the following restrictions:

1. Excess credit shall not accrue interest and shall not be considered public money, public funds or public credit within the meaning of any law or ordinance relating to public money, public funds or public credit;

2. Excess credit shall be applied only to offset present or future impact fees otherwise due within the same service area and for the same category of system improvements for which the excess credit was granted;

3. Excess credit shall be reimbursed to the credit-holder from revenue generated by impact fees within the same service area and for the same category of system improvements;

4. Excess credits shall not be reimbursed from the city’s general fund nor from any other funding sources other than impact fees;

5. Excess credit shall not constitute a liability of the city.

(’87 Code, § 9-11-21) (Ord. 95-031; Am. Ord. 00-005; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.35 EFFECT; ADDITIONAL REQUIREMENT.

(A) This subchapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision regulations of the city, which shall be operative and remain in full force and effect without limitation with respect to all development.

(’87 Code, § 9-11-25)

(B) The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the comprehensive plan, the IFCIP and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of public facilities in conjunction with the development of land.

(’87 Code, § 9-11-26) (Ord. 95-031; Am. Ord. 05-37; Am. Ord. 07-23; Am. Ord. 17-12)

150.36 MORATORIUM ON COLLECTION OF IMPACT FEES.

(A) Notwithstanding anything to the contrary in this subchapter, impact fees payable under Section 150.30 shall be calculated as follows: for residential construction, 50% of the amount(s) otherwise applicable; and for nonresidential construction, zero percent of the amount(s) otherwise applicable.

(B) The provisions of this section shall apply to all construction for which a building permit (or foundation permit for a mobile home) is issued after the effective date (that date being September 22, 2012) of the ordinance codified in this section and within two years after such effective date.

(C) All excess impact fee credits held as of the effective date of the ordinance codified in this section may be applied or otherwise used for any permissible purpose for an additional period of two years after they would otherwise expire.

(D) Following the second anniversary of the effective date of the ordinance codified in this section, subsections (A) and (B) of this section shall sunset and have no further effect.

(E) Pursuant to the settlement agreement between Curb North Inc., and the City of Rio Rancho, executed on March 15, 2016, excess impact fee credits held by Curb North, Inc., as of April 23, 2016, and included as a part of the aforementioned settlement agreement, may be applied or otherwise used for any permissible purpose in accordance with the terms of the settlement agreement.

(Ord. 12-25; Am. Ord. 17-12)

150.37 – 150.49

RESERVED.

150.99 PENALTY.

(A)(1) Any person aggrieved by an ordinance violation or apparent ordinance violation pursuant to § 150.01 may file a written complaint with Department of Development Services, who shall immediately investigate the complaint and take the appropriate action, including the issuance of citations, to have the violation penalized and removed, if the violation is found to exist.

(2) Whenever the Department of Development Services shall find probable cause to believe violation pursuant to § 150.01 exists, it shall notify the person responsible for the alleged violation in writing and shall order the necessary correction to be made within a time period of 30 days, or as otherwise stated. If the violation is not corrected within the specified time, the Department of Development Services Director, his designee or the code enforcement officers may issue a citation ordering the responsible person into court.

(3) A notice of violation issued for any offense governed by this chapter shall be notice to the violator that subsequent offenses within a 12-month period will result in a citation being issued in lieu of additional violation notices for subsequent offenses.

(4) Failure to comply with all the provisions of this chapter, unless a variance has been authorized by the city shall, upon conviction, be punishable by a fine of not more than $500, or imprisonment in jail for a period of not more than 30 days, or both the fine and imprisonment. Each day that a violation continues to exist after conviction shall be considered as a separate offense.

(’87 Code, § 9-7-2) (Ord. 91-035; Am. Ord. 07-23)

(B) The city shall have the power to sue in law or equity for relief in civil court to enforce this subchapter, including but not limited to injunctive relief to enjoin and restrain any person from violating the provisions of §§ 150.20 et seq. and to recover damages as may be incurred by the implementation of specific corrective actions. Knowingly furnishing false information to the city on any matter relating to the administration of this §§ 150.20 et seq. shall constitute an actionable violation. The Impact Fees Administrator may revoke or withhold the issuance of any building permit or other development permits if the provisions of §§ 150.20 et seq. have been violated by the owner or his assigns. The Impact Fees Administrator shall have the right to inspect the lands affected by §§ 150.20 through 150.35 and shall have the right to issue cease and desist orders, stop work orders and other appropriate citations for violations.

(’87 Code, § 9-11-23) (Ord. 95-031)

APPENDIX: IMPACT FEE SCHEDULE

Note: The fees shown below include a three percent administrative charge.

Fees are calculated down to the nearest one-half dollar amount.

SCHEDULE FOR DEVELOPMENT IMPACT FEES 

Land Use Type

Unit

Roads

Bikeways and Trails

Parks

Public Safety

Total

YEAR 1, beginning July 1, 2017, with:

•    

Road impact fees at 41.72% for single-family, 41.86% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Bikeways and trails impact fees at 52.50% for single-family, 39.14% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Parks at 100%

•    

Public safety at 65.88% for single-family, 45.41% for multi-family, 100% for commercial, office/institutional, and industrial/warehouse

Single-family

Dwelling

$2,904.50

$33.50

$815.00

$348.50

$4,263.00

Multi-family

Dwelling

$2,035.50

$25.00

$702.00

$240.00

$3,261.00

Commercial

1,000 sf

$1,729.00

$6.00

$0.00

$220.00

$1,955.00

Office/institutional

1,000 sf

$784.50

$16.00

$0.00

$670.00

$1,470.50

Industrial/warehouse

1,000 sf

$473.00

$2.00

$0.00

$20.00

$495.00

YEAR 2, beginning July 1, 2018, with:

•    

Road impact fees at 44.79% for single-family, 44.92% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Bikeways and trails impact fees at 55.00% for single-family, 42.34% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Parks at 100%

•    

Public safety at 67.67% for single-family, 48.28% for multi-family, 100% for commercial, office/institutional, and industrial/warehouse

Single-family

Dwelling

$3,118.00

$35.00

$815.00

$358.00

$4,487.50

Multi-family

Dwelling

$2,184.50

$27.00

$702.00

$255.00

$3,427.00

Commercial

1,000 sf

$1,729.00

$6.00

$0.00

$220.00

$1,955.00

Office/institutional

1,000 sf

$784.50

$16.00

$0.00

$670.00

$1,470.50

Industrial/warehouse

1,000 sf

$473.00

$2.00

$0.00

$20.00

$495.00

YEAR 3, beginning July 1, 2019, with:

•    

Road impact fees at 47.85% for single-family, 47.98% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Bikeways and trails impact fees at 57.50% for single-family, 45.55% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Parks at 100%

•    

Public safety at 100%

Single-family

Dwelling

$3,331.50

$36.50

$815.00

$529.00

$4,712.00

Multi-family

Dwelling

$2,333.00

$29.00

$702.00

$529.00

$3,593.00

Commercial

1,000 sf

$1,729.00

$6.00

$0.00

$220.00

$1,955.00

Office/institutional

1,000 sf

$784.50

$16.00

$0.00

$670.00

$1,470.50

Industrial/warehouse

1,000 sf

$473.00

$2.00

$0.00

$20.00

$495.00

YEAR 4, beginning July 1, 2020, with:

•    

Road impact fees at 50.92% for single-family, 51.04% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Bikeways and trails impact fees at 60.00% for single-family, 48.75% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Parks at 100%

•    

Public safety at 100%

Single-family

Dwelling

$3,545.00

$38.00

$815.00

$529.00

$4,927.00

Multi-family

Dwelling

$2,482.00

$31.00

$702.00

$529.00

$3,744.00

Commercial

1,000 sf

$1,729.00

$6.00

$0.00

$220.00

$1,955.00

Office/institutional

1,000 sf

$784.50

$16.00

$0.00

$670.00

$1,470.50

Industrial/warehouse

1,000 sf

$473.00

$2.00

$0.00

$20.00

$495.00

YEAR 5, beginning July 1, 2021, with:

•    

Road impact fees at 53.99% for single-family, 54.10% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Bikeways and trails impact fees at 62.50% for single-family, 51.95% for multi-family, 20% for commercial, office/institutional and industrial/warehouse

•    

Parks at 100%

•    

Public safety at 100%

Single-family

Dwelling

$3,758.50

$40.00

$815.00

$529.00

$5,142.50

Multi-family

Dwelling

$2,631.00

$33.00

$702.00

$529.00

$3,895.00

Commercial

1,000 sf

$1,729.00

$6.00

$0.00

$220.00

$1,955.00

Office/institutional

1,000 sf

$784.50

$16.00

$0.00

$670.00

$1,470.50

Industrial/warehouse

1,000 sf

$473.00

$2.00

$0.00

$20.00

$495.00

 

SCHEDULE FOR WATER UTILITIES IMPACT FEES 

Meter Size

5/8"

3/4" (n/a)

1"

1.5"

2"

3" or greater

YEAR 1, beginning July 1, 2017, with water impact fees at 73.69%, and sewer impact fees at 100%

Water impact fee

$3,326.50

$4,989.50

$8,316.00

$16,632.50

$26,612.00

Based upon estimated usage

Sewer impact fee

$1,999.00

$2,999.00

$4,998.00

$9,995.00

$15,992.00

Total

$5,325.50

$7,988.50

$13,314.00

$26,627.50

$42,604.00

YEAR 2, beginning July 1, 2018, with water impact fees at 75.08%, and sewer impact fees at 100%

Water impact fee

$3,389.00

$5,083.50

$8,472.50

$16,945.00

$27,112.00

Based upon estimated usage

Sewer impact fee

$1,999.00

$2,999.00

$4,998.00

$9,995.00

$15,992.00

Total

$5,388.00

$8,082.50

$13,470.50

$26,940.00

$43,104.00

YEAR 3, beginning July 1, 2019, with water impact fees at 76.46%, and sewer impact fees at 100%

Water impact fee

$3,451.50

$5,177.00

$8,628.50

$17,257.50

$27,612.00

Based upon estimated usage

Sewer impact fee

$1,999.00

$2,999.00

$4,998.00

$9,995.00

$15,992.00

Total

$5,450.50

$8,176.00

$13,626.50

$27,252.50

$43,604.00

YEAR 4, beginning July 1, 2020, with water impact fees at 77.85%, and sewer impact fees at 100%

Water impact fee

$3,514.00

$5,271.00

$8,785.00

$17,570.00

$28,112.00

Based upon estimated usage

Sewer impact fee

$1,999.00

$2,999.00

$4,998.00

$9,995.00

$15,992.00

Total

$5,513.00

$8,270.00

$13,783.00

$27,565.00

$44,104.00

YEAR 5, beginning July 1, 2021, with water impact fees at 79.23%, and sewer impact fees at 100%

Water impact fee

$3,576.50

$5,364.50

$8,941.00

$17,882.50

$28,612.00

Based upon estimated usage

Sewer impact fee

$1,999.00

$2,999.00

$4,998.00

$9,995.00

$15,992.00

Total

$5,575.50

$8,363.50

$13,939.00

$27,877.50

$44,604.00

 

SCHEDULE FOR DRAINAGE IMPACT FEES (for areas not served by an engineered and approved stormwater management system) 

Land Use Type

Unit

Year 1:

Beginning July 1, 2017

Year 2:

Beginning July 1, 2018

Year 3:

Beginning July 1, 2019

Year 4:

Beginning July 1, 2020

Year 5:

Beginning July 1, 2021

Single-family

Dwelling

$4,465.00

$4,465.00

$4,465.00

$4,465.00

$4,465.00

Multi-family

Dwelling

$1,323.50

$1,456.50

$1,589.00

$1,722.00

$1,854.50

Commercial

1,000 sf

$394.00

$394.00

$394.00

$394.00

$394.00

Office/institutional

1,000 sf

$394.00

$394.00

$394.00

$394.00

$394.00

Industrial/warehouse

1,000 sf

$394.00

$394.00

$394.00

$394.00

$394.00

YEAR 1, beginning July 1, 2017, with drainage impact fees at 100% for single-family, 34.42% for multi-family, and 20% for commercial, office/institutional, and industrial/warehouse.

YEAR 2, beginning July 1, 2018, with drainage impact fees at 100% for single-family, 37.87% for multi-family, and 20% for commercial, office/institutional, and industrial/warehouse.

YEAR 3, beginning July 1, 2019, with drainage impact fees at 100% for single-family, 41.32% for multi-family, and 20% for commercial, office/institutional, and industrial/warehouse.

YEAR 4, beginning July 1, 2020, with drainage impact fees at 100% for single-family, 44.77% for multi-family, and 20% for commercial, office/institutional, and industrial/warehouse.

YEAR 5, beginning July 1, 2021, with drainage impact fees at 100% for single-family, 48.23% for multi-family, and 20% for commercial, office/institutional, and industrial/warehouse.

(Ord. 00-005; Am. Ord. 05-37; Am. Ord. 06-62; Am. Ord. 17-12)