Application fees established hereunder are not refundable unless
otherwise specified. If a particular use or development requires more
than one approval, then the applicant shall pay the cumulative review
fees for each review and approval sought.
[Amended 12-8-2020 by Ord. No. 2020-06; 12-8-2020 by Ord. No. 2020-07]
The following fee schedule is hereby established:
|
Table 1
Fees and Taxes
| |
|---|---|
|
Excessive False/Nuisance Alarm
|
Chapter 49
|
|
Fees based on frequency of calls per calendar year
| |
|
First 2 false alarm calls
|
No charge
|
|
3-6 false alarm calls
|
$100/call
|
|
7+ false alarm calls
|
$200/call
|
|
Exempted from the above are:
| |
|
New commercial alarm systems for the 60 days following
installation/approval
| |
|
Public, private and parochial school facilities
| |
|
Annual/New Commercial Fire Inspection
|
Fees based on building size and the absence of identified hazardous
materials
|
|
Less than 3,000 square feet
|
$50
|
|
3,001 to 6,000 square feet
|
$100
|
|
6,001 to 12,000 square feet
|
$200
|
|
12,000 square feet and above
|
$300
|
|
The presence of identified hazardous materials adds additional
inspection costs of $50 per material.
| |
|
Alcoholic Beverage Sales
|
Chapter 133
|
|
Dispenser's license
|
$250/year
|
|
Retailer's license
|
$250/year
|
|
Club license
|
$250/year
|
|
Restaurant license
|
$250/year
|
|
Sunday sales
|
$100/year
|
|
Special dispenser's permit
|
$10/day
|
|
Animal Fees and Licenses
|
Chapter 137
|
|
Altered animal license
|
$5/year
|
|
Unaltered animal license
|
$30/year
|
|
Replacement tag
|
$1/tag
|
|
Overdue license renewal
|
$1/animal
|
|
Boarding for impounded animals
|
Actual cost
|
|
Business Registration
|
Chapter 158
|
|
Vendor fee
|
$15/day
|
|
$150/month
| |
|
$375/3-month season
| |
|
New/relocating business-with location within City limits
|
$100 + fire fee, includes $35 annual registration per NMSA 1978
§ 3-38-3
|
|
New extraterritorial business
|
$35 + fire fee, annual registration per NMSA 1978 § 3-38-3
|
|
Annual renewal
|
$35 + fire fee, annual registration per NMSA 1978 § 3-38-3
|
|
Late fee for overdue renewals
|
$50, effective for renewals received February 1 or later
|
|
Carnivals and Circuses
|
Chapter 163
|
|
Cleanup deposit
|
$500/event
|
|
Permit fee
|
$125/day
|
|
Police officer presence
|
$50 per officer, number of officers as determined by Police
Chief
|
|
Garbage fee
|
$25/day
|
|
Water use
|
$40 deposit plus bill for actual use
|
|
Excavations
|
Chapter 180
|
|
Excavation permit
|
$75
|
|
Curb cut/right-of-way access
|
$100 plus surety as necessary
|
|
Fireworks
|
Chapter 196
|
|
Manufacturer's license
|
$50
|
|
Distributor's license
|
$50
|
|
Wholesaler's license
|
$50
|
|
Inporter's license
|
$50
|
|
Specialty retailer license
|
$50
|
|
Retailer permit
|
$25
|
|
Graffiti Abatement
|
Chapter 213
|
|
Up to 16 square feet
|
$250
|
|
Between 16 and 64 square feet
|
$500
|
|
Over 64 square feet
|
$750
|
|
Parades and Demonstrations
|
Chapter 266
|
|
Parade permit
|
$35 plus police overtime costs
|
|
Vacant Structures
|
Chapter 302
|
|
Registration
|
$35/month
|
|
Moving Oversized Loads
| |
|
Escort fee
|
$30 per escort
|
|
Annual permit
|
$1,200 per calendar year
|
|
Zoning and Development
|
Chapter 350
|
|
Address verification
|
$5
|
|
Amendment to text
|
$100
|
|
Comprehensive Plan amendment
|
$100
|
|
Determination of uses
|
$100
|
|
Annexation
|
$200
|
|
Zoning Map amendment
|
$500
|
|
Residential development permit
|
$500 plus $250/unit
|
|
Commercial site plan
|
$500 plus $100/1,000 square feet
|
|
Landscape plan
|
$100
|
|
Sign permit
|
$75
|
|
Demolition permit
|
$75
|
|
Utility connection permit
|
$75
|
|
Hourly plan review fee
|
$40/hour
|
|
Certified mailings
|
Actual cost
|
|
Development permit
|
$75, includes fences, accessory structures, construction/CID
|
|
Mobile home placement permit
|
$75
|
|
Temporary use permit
|
$75
|
|
Planning Commission application
|
$100
|
|
Historic District review
|
$100
|
|
Special use permit
|
$100
|
|
Special exception
|
$250
|
|
Variance - residential
|
$100
|
|
Variance - commercial
|
$500
|
|
Subdivision
|
Chapter 294
|
|
Alternate summary
|
$250
|
|
Lot split
|
$250
|
|
Preliminary plat - 5 lots or less
|
$500 plus $150 per lot over 5 lots
|
|
Final plat - 5 lots or less
|
$500 plus $150 per lot over 5 lots
|
|
Telecommunications
| |
|
Administrative review fee
|
$1,000
|
|
Application
| |
|
New tower/height increase
|
$5,000
|
|
Co-location/material modification
|
$2,500
|
|
Initial escrow deposit
| |
|
New tower
|
$7,500
|
|
Co-location/material modification
|
$4,000
|
The City Council may make adjustments to the fee schedule as
necessary, by ordinance. Copies of the current fee schedule shall
be available to the public at the offices of the City Clerk, Planning
and Land Use Department, Public Works Department and Utilities Office.
The payment of fees shall be made at the time of application
and prior to review. Any application received without payment of fees
shall not be reviewed or approved. Applications for permits that have
been reviewed and approved but not issued to the applicant shall be
deemed void 30 days after the initial review and approval and subject
to additional reviews and fees. Applications and/or permits that have
been voided and are subsequently resubmitted shall be subject to double
review fees.
A.
In addition to the fees listed in Table 1 above, the project applicant
shall provide for a payment of 3% of the total project infrastructure
cost, inclusive of on-site and off-site improvements. Such costs shall
cover engineering review and inspection by the municipal engineers
of record and municipal staff. These fees do not cover the fees incurred
by other permits as outlined in Table 1 of this chapter.
B.
When in the opinion of any of the officials and employees of the
City of Española which are charged with the duty or authority
to issue permits or licenses an additional review of the project is
needed to ensure the health, safety and welfare of the citizens of
the City of Española, such official or employee shall notify
the applicant of the need for such additional information and review
and provide the applicant with an estimate of the cost for such review.
C.
The applicant shall provide such additional information as is requested
at the applicant's sole expense or, in the alternative, authorize
municipal staff to obtain the additional information for review, inclusive
of a charge of an additional fee to cover the cost of such information
and review to the applicant. Alternatively, the applicant may withdraw
the application. No such withdrawals shall be entitled to any fees
paid for reviews initiated, whether such reviews have been completed
or not.
All departments, officials and employees of the City of Española
which are charged with the duty or authority to issue permits or licenses
shall issue no permits or licenses for uses or purposes where same
would be in conflict with any provision, article or section of the
Española Municipal Code. Any permit issued in conflict with
this Code shall be null and void.
A.
Each permit or approval issued shall expire after 180 days if no
work is undertaken or such use or activity is not established. If
obtained in conjunction with or in addition to a building permit,
such permit shall carry a time limit of one year. Alternate time frames
may be allowed pending review and approval by the appropriate committee,
commission or board charged with reviewing the permit being sought,
and then only if provisions for time extension are permitted and followed
under the appropriate chapter of this code or municipal ordinance.
B.
Failure to comply fully with the terms of any permit or approval
may be grounds for cancellation or revocation. Action to cancel any
permit or approval may be taken on proper grounds by any member of
the municipal staff charged with approval or issuance of the permit.
Cancellation of a permit or approval may be appealed in the manner
as prescribed in the specific chapter of this code or ordinance requiring
such permit(s).
Municipal staff members shall ensure that the use or development
for which an application for permit is submitted and approved is conducted
and completed only in accordance with the terms of such permit, including
any requirements or conditions established as a condition of issuance.
Securing one of the required reviews or approvals shall not exempt
the recipient from the necessity of securing any other required reviews
or approvals, either from additional staff or entities, be they municipal,
state and/or federal agencies, departments and/or bureaus.
B.
The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise or other administrative actions.
C.
Violations of this Code that are continuous with respect to time
are a public nuisance and may be abated by injunctive or other equitable
relief. The imposition of a penalty, however, does not prevent the
simultaneous granting of equitable relief in appropriate cases.
D.
The conviction and punishment of any person for a violation shall
not excuse or exempt such person from the payment of any fee due or
unpaid at the time of such conviction, and nothing herein shall prevent
a criminal prosecution of any violation of the provisions of this
chapter.
All remedies prescribed under this chapter or under the provisions
of the law for collection and enforcement of the fees shall be cumulative
and the use of one or more remedies by the City shall not bar the
use of any other remedy for the purpose of enforcing the provisions
of this or any other ordinance created by the law. The fees authorized
by this chapter shall be a lien in favor of the City upon the real
and personal property of the applicant and/or person used in connection
with the application or permit which gave rise to the fee, and such
lien shall be imposed, collected, enforced, and paid as provided by
the New Mexico state law. No property of any persons shall be exempt
from levy and sale on execution issued for the collection of a judgment
for any fee imposed by this chapter.
